USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 19
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Dec 3rd 1678
Was fetched out of the house a . . . . of John Kan and brought in . ... Roome, In the p'sence of the . . . . by their order, the hereafter in . . . . goods belonging unto francis . . . . deceased, wch were then publicqly . . .. outcry to the most bidders vizt one broad Cloth suite of Cloaths. & britches, bought by Capt" Cantwell . for f 1.50 : Mr J : d'haes his security .. . one chest wth a bagg in itt one Coarse sheet one small box with some ed thryffells more in itt all sould .. .. . for 94 gilders and bought by Capt Cantwell one flock bed Rugg & boulster in . . . . hands of Capt" Cantwell being . . .. slight & old, and vallued by p . . . standers by that kew itt att In all ye sume of
f 284 : gilders
Coppy of a Lett" of attorney from doctor Jordins Recorded at ye Request of Mr Jo Moll.
Know all men by these prsents, yt I : Jnº Desiardines of Caesill County in ye Province of Maryland haue Assigned ordained & made And in my stead and place by these prsents put and Constituted my Trusty & well beloued friend Mr Jnº Moll Marsht of Delowar &c : To bee my True and Attorney for mee and in my name and to my use Dispose of Bargaine and Sell two seats of Land oppositt to New Castle upon Delo- war giueing and granting unto my said attorney my whole power & authority in and about the p"mises ye same to prforme
269
RECORDS OF THE COURT OF NEW CASTLE.
as fully Largely & Amply in euery Respect to all Intents Constructions and purposes as I : myselfe might or Could doe : yet upon ye Request of ye Byer I doe oblige my .... to acknowledg & Transport & Conferme ye said Land as much as my wifos ffather Isaac Taine haue Recd from Gouvern" Cortret and Anthony Bryant And further Rattify Conferm & hold stable all & whatsoever my sad Aturney shall Lawfully doe or Caues to be done in or about ye Premises by vertue of these prsents as witness my hand & seale this first day of Decembr 1677
Sealed & Delivered
in prsence of us English
(was signed) J. DESJARDINS L. S.
Dixon
Twoo Seates of Land oppositt to New Castle as Pr Record will appear being Possessed by my wifes father Isaac Taine & by these prsents I doe oblige my selfe to Acknowledge upon ye Request of ye Byer & Transport the grant & Transport as ye said Taine haue received from ye Governor Cartret & Anthony Bryant.
Mr Moll
The land of Antony Bryant being in ye north side of Fopp outhout 15 Ib sterling
ye land ye south side of ye said fopp outhout 20 Ib Ster- ling in goods att ye first penny or bill of exchange in England pr me
(was signed) J : DESJARDINS
RECORDS OF THE COURT OF NEW CASTLE BEGUN THE 7TH DAY OF JANNUARY IN YE 30TH YEARE OF OR SOUERAIGNE LORD KING CHARLES THE 2º ETC: AND BY HIS SD MAYTIES AUTHORITY ANNOQ DOM: 1673:
LIBER or Nº B:
SOLI DEO GLORIA
£
Att a Court held In the Towne of New Castle in Delowar by the Authority of or Soueraigne Lord King Charles the Second of England Scottland france and Ireland King Defender of the Faith, The 7th day of Jannuary and in ye 30th yeare of his said Mayties Raigne Annoq Dom : 1678
Mª John Moll
Mr Peter Alrichs
Mª Gerret Otto
Prsent
Mr Johannes Dehaes
Justices.
Mr Abram Mann
Mr Will : Sempill
Capt" Edmund Cantwell High Sherrife.
THOMAS HARWOOD Plt JACOB VANDER VEER Deft
The Plt demands of this Deft by acct for Sundry goods and Comoditys sould and delivered unto this defendt the sume of three hundered ninety and three Gilders in good and mer- chandable winter wheat or peltery, of wch sd sume is paid 341 Gilders 10 styvers so that there Rests due by ballance the sume of fifty and one gilders and ten styvers for wch hee craues Judgemt wth the Costs The Plt makes objection against the article of ye Penniston in ye acct that the same was overcharged and that the Pay has ben Reddy, and sayes that the same Plt now alreddy is ouerpaid etc : The debates of both partees being heard and the Plt hauing made oath to his accompt in Court, The Court doe order Judgement to bee entered against the deft for the sume of 51 gilders & 10 styvers wth the Costs of Court.
Jacob Vander Veer was this day by the Court bound in a bond of ten pounds To appeare att the next Court to bee held in this Towne of New Castle on the first Teusday of the month of february now next ensuing, to answer to what shall then & there be alledged against him for a Certaine stone fraudulently
(273)
274
RECORDS OF THE COURT OF NEW CASTLE.
by him putt into a bagg of feathers sould and delivered unto Thomas Harwood the laest Jeare, wch sd stone was now pro- duced in Court etc.
Thomas harwood sworne in Court declared that Laest Jeare hee Receiving a bagg of feathers of Jacob Vander Veer weig- ing 21 1b English wtt In wch Bagg the deponant comming therewith to New Castle found a stone of About 4 or 5 1b waight wch sd stone was waiged and delivered to him for fethers.
Mary the wyfe of John Kan sworne in Court sayeth that shee was prsent the Laest yeare when Thomas harwood came wth the bagg of feathers from Jacob Vander Veers and when the sª Bagg was Emtyed there was found in itt a Stone, wch the deponant beleeves to bee the same or the Lyke stone now produced in Court.
ROBBERD WILLIAMS attorn : for JOSEPH POST of Long Ysld ( Pt
1
In an action
of debt by
ARTHUR CARELTON & ELIZABETH
bill for 3
his wyfe administrx of the
Deft
Estate of JOHN MORGEN Deceased
peeces of good ordi- nary Serge
The PIts attorney James Walliam now prooveing the bill by the attestation of John Laughton and Bazalill Osborne, The Court doe order Judgemt to bee Enterred agst the defendts for three peeces of good ordinary Serge according to the bill together with the Costs.
Itt being Represented to the Court that Agnita hendricks is brought to bed of hur bastard chyld wch came dead into the world etc. The Court thougt fitt to examin the p"sons yt were prsent att hur delivery.
Mistriss Mary Blocq, Elizabeth the wyfe of John Darby, Barbara the wyfe of Peter Maesland and Carie the wyfe of hendrik Jansen whoe has acted as midwyfe apearing in Court and being sworne declare that they were prsent on the fourth of this Instant month of Jannuary, wth Agnita Hendricks in hur Travell and yt before they would help hur or that shee ye
275
RECORDS OF THE COURT OF NEW CASTLE.
said Agnita was delivered of hur chyld, They the deponants strictly examined & demanded of hur the sd Agnita to divulge & declare unto them whoe was the father of the sd Child, upon wch the sd Agnieta did protest that Sybrant Jansen & none else was the father, and wieshed that shee might neuer bee delivered of hur child if any prson Else but only Sybrant Jansen has had to doe with hur sence shee had hur Laest ehyld, and the deponants declare further that the said Chyld came dead into the world wth itts Leggs and armes bruised & broaken and that the boddy otherwaize was sore maimed and bruised of wch the deponants demanding the Reason Agnieta hendriks declared that Sybrant Jansen about seuen weekes before had Sorely abused beaten and bruised her the said Agnieta, sence wch shee neuer felt the ehyld Live in hur boddy.
The difference between hans Petersen & Peter Claassen about the fly Lying before moens Poulsens Ysland, being heard & their Peticons read alsoe moens Poulsen declareing that hee sold noe fly Lasse Wayman : Itt is ordered that Peter Claassen haue and Injoy the fly Lying before his part of the ysland by him bougt of Moens Poulsen : and hans Petersenl the fly Lying before his part.
The deft absent. The Court EDWARD ENGLISH PI thougt good to Continue JAMES CRAWFORD Deft this action untill next Court
EDWARD ENGLISH Plt The deft absent. The Court thougt fitt to Continue JUSTA ANDRIES Deft -
this action untill next Cort
Upon the Peticon of Charles Petersen desiering a grant for 100 aeres of land for a new mill by the Peticon" and some more p"sons built in the Run of the Sehilpats Kill above the old mill : The Court granted the Petieoner his Request pro- vyded his honor the Governors orders and Regulaeons bee
276
RECORDS OF THE COURT OF NEW CASTLE.
observed and yt this new mill and Land doth not proove prejudiciall to the old first built mill alsoe that the Land be not granted or taken up before, and that the water bee not stopt up or hindered from the Lower mill.
ROBBERD HUTCHINSON Plt - The deft absent and upon
ye plts desire this act : is
FRANCIS STEEVENS
Deft continued
SYMON GIBSON
Plt The Plt being 3 tymes - called and not apearing
BENJAMIN NETTELSHIP Deft was non suited
SYMON GIBSON Pit The Plt nonsuited as above BENJAMIN NETTELSHIP Deft
JOSEPH HOULDING Plt Neither Plt or Deft apearing THOMAS JONES
Deft j a nonsuite was ordered
RALPH HUTCHINSON Plt
PETER CLAASSEN Deft
The plt demands of this deft for medecins by this Plts ser- vant and doctor James Crawford delivered to this defts man etc : the sume of sixty and nine gilders: The deft utterly denyed to haue Imployed ye sd Crawford or to haue promissed him payment.
The Court ordered (upon the defts oath and the Report of seurall p"sons that knew of the buisnesse) that a nonsuit bee Entered against ye Plt wth Costs.
RALPH HUTCHINSON Plt
ANDRIES SINNEXE Deft
In an action of debt for med- ecins by ye Plt Doctor Jam : Crawford delivered to defts wyfe & child the sume of 45 gilders
The Deft saying & makeing oath in Court that hee neuer Imployed or Received any medicins of the Plts servt, The
277 ·
RECORDS OF THE COURT OF NEW CASTLE.
Court ordered a nonsuite to bee Entered against ye Plt wth Costs.
Mr Thomas Harwood declared to haue given as a free gift towards the Repairing of the old or the building of a new Church wth in this Towne of New Castle, The Judgemt of 51 gilders and 10 Styvers by him this day obtayned in this Court against Jacob v : Veer.
The Cort adjorned till tomorrow being the 8th day of this Instt month of Jannuary att 9 of ye Clocq.
Jann : ye 8th 1678 The Cort Continued
Upon the Peticon of Mary the widdow of Walter Wharton deceased. desiering to bee admitted to administer upon the Estate of hur said deceased husband : The Cort answer that they are willing to admit the Peticoner she giueing Security according to Lawe.
Itt being Represented in Court that Henry Salter had slaundered and Impeached this Cort of unjustis done him ye sª Salter in the action of John Shackerly, whereupon the hero- after menconed depositions of Sam : Land & Matheus de Ring being Read, and Henry Salter heard, Itts ordered that hee the said Henry Salter give bond of one hundered pounds, to ap- peare in p"son betweene this and the month of May next att New Yorke then and there to make good and answer before his honor the Governor his said slaunder and Impeachmt.
Samuel Land aged 27 years or thereabouts declares that on Teusday Laest being the 12th day of this Instant month of June this depont standing by henry Salter in the Streets of this towne, and after some discourse wth ye said Salter, the Deponant tould him that hee the sd Salter had not done well to sell the Plate to John Schackerly, and then afterwards not deliver itt, upon wch hee the said Salter Replyed that hee had not sould the Plate : The deponant then againe asked him why hee did deliver the Plate sence he said not to haue sould itt, whereupon henry Salter in plain English words made answer, because John Shackerly had forswoorne himselfe and
278
RECORDS OF THE COURT OF NEW CASTLE.
that the Cort had done him. Meaning himselfe unjustis and further sayeth not.
Mathues de Ringh aged therty fyve Jears or thereabouts being deposed declared that att the Tyme and place aboue- mentioned hee heard henry Salter say amongst his other dis- course of some Plate, That John Shackerly had forsworne himselfe and that the Court had done him meaning himselfe, unjustis. att wch tyme Samuel Land Bad henry Salter haue a care what hee said for there were wittnesses by, and further sayeth not.
Samuel alsoe declares that att the Tyme abovesd after that discourse past, hee bad henry Salter haue a Care what hee sayed for yt there were witnesses by.
These depositions sworne unto before niee in N.Castle
New Castle
June 15th 1678.
(Signed) . PETER ALRICHS
JOHN SHACKERLY PIt HENRY SALTER, Deft
The Plt nor any attorn. for him not apearing in three fol- lowing Cort dayes The Cort at ye defts motion doe order a non suite to bee enterred agst the Plt wth Costs.
The Plt not
JOHN SHACKERLY attorney for
apearing as
WALTER WEBLY of N Yorke Plt
GEORGE OLDFIELD Deft
non suite wth Costs.
ROBBERD HUTCHINSON Plt
RALPH HUTCHINSON Deft
The Plt demands of this defendant the forfeiture of his bond of 200 pounds of Lawfull monny of England, In case hee the defendt Still Refuses to stand to the award of the arbitrators.
above the Cort orderred a
279
RECORDS OF THE COURT OF NEW CASTLE.
The Deft is willing to stand to ye arbitrators award : The debates of both partees being heard : The Court ordered that Judgemt bee entered against the deft to make good the award of the arbitrators wth this Provysoe that Mr Ralph Hutchinson shall bee alowed what hee can make apeare betweene this and next Court day to haue paid sence the award or what was not brougt before the arbitrators and there seen or Included in the award of the arbitrators.
SAMUEL BERCKER Plt This being the first Court day and ye deft not prsent CHRISTOPHER BILLOP Deft ye action is Continued.
WILLIAM SEMPILL Plt
THOMAS SPRY
Deft
In an action of debt by bill for 49 Schiple of wheat to bee paid here in the Towne of N. Castle
The Deft in Court Confessing the debt and bill, The Court ordered Judgemt to bee enterred against the deft for the Paymt of 49 Schiple of wheat according to bill wth ye Costs.
Ralph Hutchinson being by a Sciere facias summoned to appeare att this Court to shew Cause why Execution should nott Issue out against him upon the Judgent by Caspares Herman obtayned against him ye sd Ralph ye 3rd day of Aprill 1677, And the sd Ralph hutchinson apearing and not sheweing any Lawfull Cause why Execution should not be granted : The Court doe therefore order that a ffiere facias or Execution bee Issued out and granted agst the sd Ralph hutchinson upon ye abovesd Judgemt.
THOMAS SPRY Plt 1 This action was by the Plt with- JACOB JANSEN Deft S drawne.
THOMAS SPRY Pit - In an action of debt by acct ye CHARLES RUMSEY Deft
sume of 50 gilders
Itt being prooved in Court by Two wittnesses that ye deft Charles Rumsey hath proffered to come to acct wth and pay
280
RECORDS OF THE COURT OF NEW CASTLE.
the Plt his ballance wch prooves to bee but 7 gilders, The Court Judge that this is but a vexatious suite and therefore doe order a nonsute to bee Enterred agst the Plt wth Costs.
THOMAS SPRY PIt Į In an action of debt by ballance of JOHN TEST Deft S acct ye sume of 74 gilders
The Defts attorney hendrik Williams desiering that the Pit might proove his acct by oath, wch ye Plt haueing done, The Court ordered Judgemt to bee Enterred agst the Deft for 74 gilders in wheat wth ye Costs.
John Smith one of the Church wardens of this Towne of New Castle haueing prsented Mary the maydservant of Ralph hutchinson for haueing had on the 4th of this Instant Month of Jannuary a Bastard Chyld wth in this Towne of New Castle ; and thereupon being summoned and apearing in Court, The hereafter menconed woomen that were prsent in hur Trauill, they being Examined and sworne did declare as followeth viz :
Rebecco Spry, Jane Erskin and Mary Wharton, declared upon oath that they were prsent wth Mary the maid servant to Ralph Hutchinson, and the deponants in the Extremity of hur Trauill strictly Examining hur after the father of the Chyld, and wth all swearing hur, shee declared then that Jarvis Marshall and noe prson Else was the father of the Chyld and that shee knew noe other prson but him.
Thomas Spry and Rebecca his wyfe being examined and sworne declare yt on the 24th of August Laest past they the deponants, were prsent wth one Margret Lee in hur Trauill of hur Bastard Chyld wth in this Towne of New Castle, and haueing strictly Examined hur, she in hur greatest Extreamity did declare that Will : Pryce of Elke River in Maryland & none but hee was the father of the said Chyld : and doe de- clare further that Will : Pryce has sence owned unto them the Deponants that hee was the father of the said Margarets Chyld.
Upon the Request of Mary the widdow of Walter Wharton deceased, desiering that Capt" Edmund Cantwell might bee
281
RECORDS OF THE COURT OF NEW CASTLE.
admitted to administer upon the Estate of hur said deceased husband, The Cort doe admitt and allow of him the sd Capt" Cantwell to administer upon the Estate of the said Walter Wharton deceased, hee prforming and giuing Security accord- ing to Lawe.
ABRAM MAN Plt
HENDRICK GERRETSEN Deft Withdrawne by the plt
ABRAM MAN
Plt Withdrawne as above
SAMUEL BERCKER
Deft
ABRAM MAN
Plt EDWARD CURTIS Deft - In an action of the case
Symon Gibson sworne declares that hee was in the new frame of the house of Abram Man upon bread & Cheese Ysland and viewing itt being to agree to finish itt. The de- ponant then said that hee would rather that ye frame was upon ye ground to begin itt a new.
The Plt in Court did suffer a non suit to passe against him.
CASPARES HERMAN Plt wth both partees desire ye MATTHIAS MATTHIASSE Deft S action is Continued.
JOHANNES DE HAES Plt In an action of debt for LEWIS BLANGEE Deft 3 peeces of serge
The dett being a Resident in Maryland & This being ye first Court day, The Cort Continued this action till next Court.
Upon the Peticon of Ephraim Herman vendu Master sheweing that Walter Wharton deceased had bougt att the vendu of Martin Roosemond deceased, a bed and furniture for the sume of 175 gilders in wheat as by the Conditions of the Vendu more att Large doth and might appeare, in wch Conditions itt was alsoe agreed upon That all the purchaz's or such as should not make payment of such goods as they should purchaze, That the goods should bee publickly sould againe,
282
RECORDS OF THE COURT OF NEW CASTLE.
and yielding Lesse the purchazers to make itt good and yield- ing more, they to have no benefitt thereby and the Peticoner shewing further yt the sª Walter Wharton had not made any payment for ye sd bed and therefore desiering that according to the Condicons hee might haue and sell the bed againe, The Cort haueing Examined into the Buisnesse did thinke itt Just to grant the Peticon" his Request and order him to haue the bed againe.
Upon the Peticon of John Walker and wybregh his wyfe Late widdow of John Siericks deceased ; The Court haue ap- pointed and Authorized Justice Gerret Otto & M" Caspares Herman appraizers to appraize the Goods & Chattles Lands and Tenements of Jan Sieriksen deceased, and to make a return thereof att ye next Court, wch said apraizers were sworne in Court accordingly.
RALPH HUTCHINSON PIt
SYMON GIBSON Deft
The Plt demands of this deft by ballance of acct stated and made up wth ye deft ye Laest day of decembr now Laest past, the sume of nine hundered gilders, for wch hee Craues Judgemt wth Costs : The deft owning his hand to the booke in Court, The Court ordered that Judgemt bee Enterred agst the Deft for nine liundered gilders wth Costs hee to deduct what hee can Justly make apeare to haue paid ye Plt more then in the Acct is Included and discounted.
FFRANCIS STEEVENS by his - Pit attorn : RA : HUTCHINSON
WYBREGH the widdow of Deft
JO SIERIKS deceased
The Plt demands by Acct sworne unto before Justice Peter Rambo & Justice Lasse Andries ye sume of 296 gilders deduct- ing 9 schipple of wheat Received, and humbly caues Judgemt wyth Costs.
Ye Deft disownes one article of ye Acct of 250 gilders for ye
283
RECORDS OF THE COURT OF NEW CASTLE.
suite of Cloaths saying that they were not bougt but Left wth hur in keeping etc : The Court Referred this action till next Court day.
SYMON GIBSON Plt BENJAMIN NETTELSHIP Deft
The Plt demands of the deft as the only heir of Vicessimus Nettelship deceased, and whoe has Received his Estate, ye sume of 2000 1b of Tobbacco due by a . . . ble bond unto the plt from the defts sd Brother Vicessim : Nettelship deceased for wych hee humbly Craues Judgemt wth Costs.
The debates of both partees being heard and the buisnesse thoroughly examined, The Court in Reguard ye deft has Re- cieved ye whole Estate of his said deceased brother into his hands wch was farr more then this bill, doe order him to pay ye sume of one thousand pound of Tobbacco wth ye Costs.
Thomas Woollaston & hendrick Vanden Burgh were ap- pointed & sworne in Cort appraizers to apraize a Certayne horse bridle and Saddle of Benjamin Nettelship upon ye abovesd Judgemt taken in Execution : whoe Returning their sª appraisement viz tobb :
The horse appraized att
620 ib
The saddle & brydle att 80 1b
In all ye sume of
700 1b
tobb.
Capt" Edmund Cantwell High Sherrife declaring to the Court that Thomas Woollaston his former undersherrife, had not taken Care to Execute & p'forme his sª oftice, and that therefore, for his owne security and that the Countrys buis- nesse might not bee neglected hee had appointed and Chosen Mr Samuell Land for undersherrife, Marshall & Cryer in the Roome of him ye said Thomas Woollaston, Desiering the Courts approbation thereupon and that hee the sd Samuell Land might bee sworne and Elstablisht In his said places. The Court doe approve of what the High Sherrife hath done, and Mr Samuell Land was sworne accordingly.
284
RECORDS OF THE COURT OF NEW CASTLE.
Jacob Jausen was this day sworne and appointed Constable of the North syde of Cristina Creeke and as far as the boght or oele fransens Creeke, for one whole yeare or till further order, in the Roome of Mathias Mathiassen devos.
The Court have appointed authorized and sworne M' Gerret otto & Mr Caspares Herman appraizers to appraize all the Estate of Mr Walter Wharton deceased, and to make a Re- turne thereof att ye next Court day.
The Court adjorned till tomorrow being ye 9th day of this Instant month of Jann : at 9 of ye Clocq.
Jann : 9th 1678 The Cort sate.
JOHN & JOANE STREET PIt JEREMIA HERRINGTON Deft
The Plt haueing Laid an attachmt upon the defts Cropp, and desiering that They might seize upon the same for the paymt of the Court Charges of the Laest Court etc : and Capt" Cant- well prooveing that the sd defts Crop was Made ouer unto him, The Court Reply that the Plt must seeke out other Effects or the Boddy of ye deft for the paymt of ye sª Charges.
JOHN MOLL PIt JOHN LAWE Deft
The deft not apearing in Court and Lucas Ebell the under- sherrife desiering a Continuance By the Pits Consent the same was granted.
WALTER WHARTON
Pit
ROBERD TALLENT administr of ye Estate of Jº HARTOP
Deft -
The Plt being de- ceased sence ye Comencing of ye act ye Same fell
WALTER WHARTON ROBERD TALLENT
Deft
Pit Action fallen as above
285
RECORDS OF THE COURT OF NEW CASTLE.
RICHARD EDMUNDS Plt
In an action of
HENRY DOLL Deft
- debt by acct 3676 1b of tobb:
The Deft not apearing and Lucas Ebell the undersherrife desiering that the action might bee suspended till next Court, The Court did Grant the same, and doe order the sd under- sherrife to see the sd Deft forthcomming att the next Court : The Plt in Court did make oath to his accompt.
ROBBERD HUTCHINSON Plt
FRANCIS STEEVENS Deft
The deft not apearing upon the Plts request this action is Continued.
ROBBERD MORTON Plt In an action of debt by bill JEREMY HERRINGTON Deft 300 Ib tobb
Capt Edmund Cantwell aknowledging in Court to haue promissed that hee would see the Plt Sattisfyed 300 Ib of Tobbacco out of this defts Crop wch was made ouer to him, The Plt by Lucas Ebell his attorney thereupon withdrew his action and suffered a nonsuit.
EDMUND CANTWELL PIt 1 In an action of debt by acct THOMAS JONES Deft j f521: 16
The deft being Run out of the Government, and the Plt baueing made oath to his acct In Court : The Court ordered Judgemt to be Enterred against ye deft for 521 gilders & 16 styvers, and doe allow of ye PIts attachmt.
JOSEPH HOULDING Plt The deft being deceased WALTER WHARTON Deft ye action is fallen.
The Executer of the Es- - tate of DIRCK AL- Plt In an action of debt.
BERTSEN deceased
SYMON GIBSON Deft
Wth the Plts Consent this action is Continued till Next Court day.
286
RECORDS OF THE COURT OF NEW CASTLE.
The former prsentment against Josyn wyfe of Will : Semple is Continued till Next Court.
GEORGE TANCKERSLY Plt Deft 1 The Plt not appearing a non suit ordered.
THOMAS MOORE
Upon the motion of Mr John Moll. The Court ordered (upon the Confession of Mr Thomas Woollaston ye Late under- sherrife) that hee the said Woollaston Either deliver the p"son of humphry Kittly here in custodie wthin ye space of Twoo Months, if not, that then hee ye said Woollaston make pay- ment of the order of Court by Mr Moll obtayned agst the said humphry Kittley, the one halfe this and the other halfe next yeare.
Huybert hendricks shewing in Court that there was a small slipe of ground stretching from the Corner of his fence Along the Kripple towards the fence of the Towne Dycke, wch Lying open in Common prooved verry hurtful to the Cattle & other Creatures of this Towne, The same often Myreing in ye same Kripple, further proffering in case ye Court would bee pleased to grant the same to him ye sd huybert hendriks, that hee would keepe the same in fence and make some Improovemt thereon etc : The Court haueing Inquired into the premisses, did think good to grant the Peticoner his said Request hec fencing the same that the Creaturs might not goe into ye swamp and makeing some Improovement thereon.
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