| Volume 748, Page 85 View pdf image |
 |
|
|
 |
|
|
85 And the Comp.lt noe wayes Engaged for the same as this Defend.t was informed And the Defend.t humbly conceived that noe part of the said Goods belonging to the said Fullford ought to be detained by the Comp.lt without itt had appeared the said Fullford had broke the Charterparty And that the Defend.t ought not to be stopped by an Injunction upon a bare surmise of Fullfords being a Bankrupt And for that the Comp.lt had remedy by the comon Lawe if the Charterparty were broke this Defend.t humbly conceived the Comp.lt ought not to trouble hinder & molest him with a Vexations Suite in this Court & with the generall Traverse he concluded his Answer as by the said Bill and Answer remaining of Record in the Secretarys Office more fully & att large the same doth & may appeare And the said cause for standing att Issue upon Bill & Answer the Comp.lts Councell moved this Court that this cause might come to hearing on Bill & Answer to the end the matter being betweene a Master of Shipp & his M.rchant and the Shipp haveing stayed a long tyme in the Countrey they might not be any further delayed and the same being usuall practice in Equity this Court upon the said seaventh day of Decemb.r aforesaid proceeded to the hearing of the said cause on which day itt was urged by the Comp.lts Councell that the said Fullford was sailed in his Creditt att the tyme of the Exhibiting of the Comp.lts Bill & that on a Certificate of the arrivalls of the said Shipp in this Province demand had been made att Fullfords house or last dwelling place of aboade & there was none to pay the same nor was there any hopes of ever getting any satisfaccon for the lure of the said Shipp Seamens wages Victualling the said Shipp or Port Dutyes from Fullford in England or otherwise then by securing the same by the said Goods soe Shipped as aforesaid & which were their only security for the same as aforesaid or out of the proceed or produce thereof And for proofe of their allegacons aforesaid they humbly offered to the Consideracon of this Court an Instrument & Certificate of severall affidavits taken in the City of London before the Lord Mayor thereof under the Citty Seale which followes in these words To all that shall see these p.rsents or heard them to be read S.r Joseph Sheldon Kn.t Lord Mayor & the Aldermen or Senators of the Citty of London send Greeting Know ye that on the day of the date hereof in the Kings Majesties Court holden before us in the Chamber of the Guild hall of the said Citty personally came & appeared the several Deponents hereafter named being persons well knowne & worthy of good faith & Creditt & did by their solemne Oath which they severally tooke upon the Holy Evangelists of Almighty God before us then & there solemnly declare testifie & depose for certaine & undoubted truth in manner & forme as in their severall Deposicons remaining upon Record in the Court aforesaid is att large contained the tenor whereof truely followeth Videlicet Edward Allen of London Scrivener aged Thirty one yeares or thereabouts & Robert Barton of London Notary publick aged Twenty Eight yeares or thereabouts Sworne & Examined Depose & say joyntly & severally upon their Corporall Oaths (as) |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 85 View pdf image |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives