USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 24
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JOHN MOLL PIETER ALRICHS FOPP OUTHOUT J: D' HAES WILL: SEMPILL.
HENDRIK VAND' BURGH PIt ROBBERD HUTCHINSON Deft The Pit demands of this deft by Ballance of accompts the
344
RECORDS OF THE COURT OF NEW CASTLE.
sume of cight six gilders and ten styvers for wch hee Craues Judgemt agst ye deft wth Costs and desires that his attachmt Laid on ye defts Effects in ye hands of John Darby may bee held good. The Plt haueing in Court made oath to his acct, The Cort doc order Judgemt to bee Enterred against the deft for ye sª 86 gilders 10 styvers wth Costs and doe allow of ye attachment.
ENGELBERT LOTT plt ROBBERD HUTCHINSON Deft
March 7º 1638 Exe- The Plt demands of this deft by Ballance
cut: Issued out. of accompts the sume of Two hundered and therty fyve gilders and 4 styvers, for wch hee humbly Craues Judgemt wth Costs and that his attachmt Layed on soe mutch of this defts Effects in the hands of John Darby may bee held good. The Plt haueing in Court made oath to his acct Judgemt was ordered for 235 gilders 4 styvers agst ye deft wth Costs, and ye Plts sd attachment allowed of.
Catherin the wyfe of Charles Rumsey this day appeared in Court & declared to stand to and allow of (to all Intents & purposes) To ye Bargaine sale and alicnation, made by him hur sª husband, unto M' John Moll, of his Plantation & part of his Land att Whyte Clayes fall kill.
Upon the motion of Mr John Moll, The Cort doe Certify to his Excellency the Governor that Mr John Moll has Purchazed of Will : Currer & Will : gooldsmit 600 acres of Land & has sence in ye resurveigh added 400 acres more to ye Same, wch sª Land has this seuerall years ben seated wth a good stock & good Improovemt made thereon.
Reynier Van der Coelen being heretofore by this Cort granted a Lott of ground wth in this Towne of New Castle next unto the Lott of . and hee ye sd Reynier haueing Lett fall his Intrest to the same, The Cort hauc therefore upon the Peticon of hendrik Vanden Burgh granted him ye same Lott abovementioned hee prforming & seating the same wth in the Tyme Limitted by the Court unto the abovesd Reynier Vandr Coelen.
345
RECORDS OF THE COURT OF NEW CASTLE.
Johannes Dehaes & Ephraim Herman in Cort Tendered themselves to bee security for the administrat: of Capt" Cant- well, upon The Estates of M" Tom & Mr Wharton deceased.
Upon the request in behalfe of Robberd Tallent & Thomas Snelling, The Court haue granted them each to take up fyve hundered acres of Land in Blakebirds Creeke, They forthwith seating & Improoveing the same according to his Excellency the Governors orders & Regulacons.
The Cort adjorned till the first Teusday in octob: next.
Att a Cort to bee held in the Towne of New Castle on Teus- day 7th oct 1679.
There being only Prsent Justice Peter Alrich & Justice Joh : Dehaes the Cort was by them adjorned till first Teusday in november next Ensuing etc.
Att a Court to bee held in New Castle on Teusday Novembr 4th 1679.
Prsent
Mr John Moll Mr fopp outhout Mr Gerrett otto Mr Joh : d'haes Mr Will : Sempill
Justices.
This day was by Justice John Moll delivered unto Mary the widdow & Relict of doctor John Desjardins deceased, a Cer- tayne gold Ring by the sª doctor Jordins bequeathed unto his Chyld.
The Cort adjorned untill first Teusday in Decemb: next, the CIr being absent.
Att a Court held in the Towne of New Castle by his Mayties Authority the 2nd & 3rd dayes of december 1679.
Prsent
Mr John Moll Mr Peter Alricli Mr Fopp outhout Justices. Mr gerret otto M" Joh : D'haes Mª Will : Sempill Capt" Edm : Cantwell h : Sherrife.
346
RECORDS OF THE COURT OF NEW CASTLE.
Peter oelsen Slobbe being heretofore bound in a bond of one hundered pound for to prosecute Thomas Hancock for a Rape Committed by ye sd Hancock upon margrita the wyfe of ye sd Peter Oelsen : for wch ye sd Hancock was Committed to Prizon from where hee made his Escape, The sª Peter oelsen was by the Cort Cleared of his bond untill hee ye sd Hancock should bee taken againe to wch End Heu & Cryes haue ben sent.
This day apeared in Court Richard Guy & Robberd Zanes Inhabitants of the Eastsyde of this River; who produced in Cort the Laest will & Testament of Rich : Hunter of ye Citty of Dublin in Ireland deceased ; desiering that (according to ye Tennor of the sª Will) there might be granted unto them to- gether wth Witt : Cooper of Burlington Lettrs of administracon to Execute ye sd will in America etc : whereupon the sª will being Publicqly Read in Cort John Tomson and James Nevill ye witnesses to ye same were Examined whoe declared in the prsence of God almighty that they were prsonally prsent and did see & heare ye sd Rich : Hunter decesd signe seale & publish the same will as his act & deed etc : Whereupon the Inventory & appraizmt being produced & Examined, security was demanded of them ye sd Richard Guy & Rob : Zanes, for their due administracon according to Lawe.
Jolın Tomson of Elsenburg & James Nevill of Salem did in open Cort thereupon Ingage & declare themselves securitys for the due & Lawfull administracon of them the sd Rich : Guy Robb : Zanes and Will Cooper, upon ye Estate of the sd Rich : hunter deceased according to Lawe & ye true Intent & mean- ing of the sd will & Testament above mentioned upon wch ye Cort ordered the sd will & ye Inventory should bee Recorded & did grant unto them ye sd Rich : Guy Robb : Zanes & will Cooper, the follow : order of administracon.
Whereas Richard Hunter of the Citty of Dublin In the Kingdom of Ireland Tanner dyed within the Precincts of this Towne of New Castle and haueing by his Last will and testa-
347
RECORDS OF THE COURT OF NEW CASTLE.
ment baring date the first of Septembr 1679 Produced and Proued In Court : nominated and appointed Richard Guy of Elsenburg yeoman Robberd zanes of new salem marChant and William Cooper of Burlington Blacksmith to be Executors of all his Estate In anny Part of America as by the said will upon Records more att Large may appeare, And the said Richard Guy Robberd Zane and William Cooper makeing application to Cort Desiering Letters of administration upon the Estate of the Decesd accordingly they haveing given Se- curity to the Court, The Cort doe therefore admit the said Richª Guy Robbrd Zanes & Will : Cooper Executers of the said Last will and testament to take in Possession all & singular ye Estate goods and Chattles what so ever heretofore belong- ing unto Rich : Hunter Decesed In America hereby fully Im- powring them to dispose thereof as Executrs by the Lawes of this Governmt are allowed to doe they haueing allready given security for the Performing of that trust according to Lawe.
The first day of the month Called September 1679 I Ricli- ard Hunter of the Citty of Dublin In Iorland Tanner haueing taken a voyage By sea and now being in the Province of West New Jersey sick and weake In boddy But of sound and Perfect memory Praised Bee God and Knowing the Certanty of Death and the unCertainty of the tyme thereof Doe make and or- daine this my Last will and Testament I manner and forme following viz: Imprs I will and my minde is that all my Estate In Ireland and In the Province off West Jersey afore- said or In any other Parte of America or Elswhere be Equally Devided amongst my wyfe Elizabeth and my four Children (to witt) my son Benjamin My daughter Anna my Daughter Rachell and my Daughter Elizabeth and my mind and will is and I doe give and bequeath unto my sd son Benjamin a Double portion when he shall attaine to age of one and twenty years and to my said Daughters there aforesaid Parts and Portions when they shall attaine to ye age of one and twenty years or att the day of their marrage which first shall happen and if it shall happen that Either of my said Children shall
348
RECORDS OF THE COURT OF NEW CASTLE.
dye or departe this naturall life before that they attaine to the age of one and twenty years or shall be marryed then my mind and will Is that the Portion of such decesed shall de- scend to the rest that shall survive to Bee Equally Devided Amongst them. And I doe make and ordaine my Son Ben- jamin and my daughter Anna Execut" and Executrix of this My Last Will and Testament, and for the Confidence that I haue in Thomas Sharkey and Thomas Adderton of Dublin I do appointe them to bee overseers of the Execution of this my Last will during the menority of my sd Executor and Execu- trix and for that Parte of my Estate Lyes within the Province of new west Jersey aforesaid and the Adjacent Provinces in America, I doe nominate and ordaine Richard Guy of Elsen- burgh yeoman Robberd Zane of new salem merChant and Wil- liam Cooper of Burlington Blacksmith to bee my Executors to take up and receive all yt Is due unto me from anny Person or Persons Whatsoever In anny Parte of America and the same to transport and Convey to my sd trusty ffriends ye over- seers of this my Last will aforesaid and In Case any Differance or Contention shall hapen to arise between my sd three Ex- ecutors here In these parts about anny matter or thing what- soever Concerning their ExecutersP of this my Last will my mind and will Is yt whatso Ever two of the sd three Executers agree In or on the third shall bee Included And I doe giue And Bequeath unto my three Executers Last named the sume of six pounds of starling to witt forty shillings Each of them ouer and above there nessary Charges & Expences. In witt- less whereof I haue hereunto Put my hand and seale ye day and yeare first aboue written Conteyning 2 sheets of Paper.
Published and declared In RICH : HUNTER L. S. ye Presence of JOHN THOMSON
JAMES NEVILL.
An Inventory of ye goods Belonging to Richard Hunter off Late Deceased as it was taken before the Executers and was appraised October 17th 1679.
349
RECORDS OF THE COURT OF NEW CASTLE.
d
8 barrills and a halfe of melasses 12: 15:
1 barrill wth gun pouder q+ 50 1b at 9d pr lb 1: 10 : 6
1 Rug 1 :
0:
1 feather pillow and a small flock bed 0: 14:
*
2 blancquets 0: 12: 1: 5 : 4
76 Ib of bradds at 4ª pr Ib
9 sith stones 0 : 1:
22 mincq skins great and smal
1: 16:
4 otters
0: 16 :
6 musk Rats
0: 01: 6
11 Wilde Catts skins 1: 04:
16 ffox skines great and small 2: 02:
31 small Racone skins 0: 18:
40 ditto more 2: 08:
12 ditto more In a Match Coat 0: 12: 6
8 Beauor Skinns at 9$ pr skin 3: 12 :
3 ditto skins at 10s pr skin 1: 10:
2 ditto at 6$ per skin
0: 12:
13 ditto skins great and small
3: 07 :
10 Raw dear skines
0: 12 :
80 drest buckskines at 2$ 6ª
10: 00:
137 drest doe skines at 1:6
10: 05: 6
1 saddle and brydle girts and Croopers
1: 05:
1 Payer of Bootes
0: 12 : 6
3 guns or fowling peces 4: 10:
11 yds of Kersey at 5$ 6ª per yard 3: 00: 6
9 payer of stockings at 58 6ª per payer 2: 09: 6
8 yds and a halfe of ffustian 0: 08 : 6
1 searge wastecoate
0: 12:
1 searge suite 1: 00:
1 Payer of Britches & drawers 0: 04:
1 Gray searge Blanket 0: 01 : 6
2 Silver Pocket watches 3: 05 :
1 small Bras Clock 4: 05:
2 Payer of mathematicall Compasses 0: 12 :
S
350
RECORDS OF THE COURT OF NEW CASTLE.
1 Looking Glass
0: 01: 6 1: 00:
Carried ouer 62: 16 : 4
1 Remnant of Sattin Ribbin
0: 01 : 6
2 Dozen of Silke of Laces
0: 12 :
1 Richmond Capp
0: 03 :
1 Payer of Stillards
0: 08 :
a Parcell of Raw silk
0: 02:
1 silver spone
0: 10:
3 Combes
0: 02:
a Parcell of ffish Hookes & Lynes
0: 02:
4 Dowlas shirts 1 Capp 2 Towells
0: 02 :
6 striped Hanchercheifs att 9ª pr peece
0: 04 : 6
6 Bands of Ismgam holland
0: 12 : 6
5 Hanchercheifs & 3 neckcloths
0: 04: 6
3 Payer of threed stockings & 2 pr wollens 0: 12 : 6
2 White wescoats & 3 payer of Drawers 0: 17 :
2 Bibles and 3 small Bookes
0: 09:
1 Razer & a hoane
0: 04:
1 Payer of Shoaes
0: 04:
3 Ib of nutmeggs
0: 05:
2 Brushes & a Parcell of od things 0:03 :
1 Pewter bason 0: 03 :
1 slate 0: 00: 6
1 whipp saw & one Cros Cutsaw
0: 10:
1 ffryan Pann 0: 04:
In sewant
0: 14: S
1 Coasting Coat
2: 05:
1 ffyer shovell 1 payer of tongs 0: 06:
117 1b of wrought Iorn at 6ª per pound 2: 18 : 6 1 vice 0: 10:
2 Broad Axses on of them small 0: 09:
540 1b of Lead in barrs at 3ª per pound 6 : 15:
1 Crow Iorn & frame & a Coopers Com- pass 0: 04:
4 gross of thred Laces
351
RECORDS OF THE COURT OF NEW CASTLE.
16 Baggs of shott 68411 att 3ª per pound 9: 09:
1 Brass Pann 0: 12 : 6
a parcell of spermas Citty 4: 00: 0
1 hhd Rom at 3$ 6ª per gallon qtt 88 gallon which Lyeth att 15: 08:
Robb Watts at upland
1 quadrant and senit quadrant 0: 12 : 6
1 Dry Caske 0: 01:
3 ankers and a } of Rom at 3$ 6d 6: 02:
3 hhd of molases 225 gallons at 18 per gal. 11 : 05 :
Totall 132: 15: 6
Wee underwritten being chosen to be ye apraizers of ye Estate of Richard Hunter decesed doe vallew what hath bin brought before us to 1321bs 158 6ª Boston mony October ye 8th 1679. The afore mentioned Estate we allreddy finde to bee Dr to ye vallew of 551b gs.
JOHN CAN JAMES WALLIAM Apraizers.
An Apraisement of ye goods of Richard Hunter which was at Elsenburgh ye 28th day of the 9th month 1679. 1b S d
4 wosted Lyned Coats 1 Payer Briches & wescoat 2: 08 : 6
1 Payer of Drawers 0: 01 : 6
5 shirts 3 Creauats 2 bands 1 capp 1: 01: 8
1 whyte Hanchercheife 3 stryped
1 pound of Black thread
0: 02:
1 hammock att 1: 00: 0
1 Leather Cloak Bagg
0: 01 : 6
14 thousand of Beads 3: 10:
8 Pitt akses 1 paving hammer 1: 00:
a Parcell of nedles 0: 02 : 6
a Dyal & Equanotiall Dyall 0: 07 :
352
RECORDS OF THE COURT OF NEW CASTLE.
a Brass seale & a bare skin 0: 03: 2 a Penn knife a payer of old shos a hatt 0: 01 : 8
In sewant 2 gilders
In starling money 7: 09: 72
a Parcell of Cokernutts att 0: 04:
a Payer of Britches buttons and 0: 04:
3 Payer of shirt Buttons
1b S d £17: 17: 1}
£17: 17: 1}
Apraised by us (signed) JOHN THOMPSON ANDREW THOMPSON.
ABRAM MAN PIt
OELE POULSEN Deft
The Plt not appearing by himselfe or attorney & noe decla- ration Enterred was therefore by the Cort upon the defts Re- quest nonsuited wth Costs.
EDMUND CANTWELL Plt
HUYBERT FRANCIS Deft
The deft absent, the action was wth the Plts Consent Con- tinued till next Court.
JOHN OGLE Pl WILL: RAINBO Deft
The Plt demands of this Deft the sume or quantity of 1400 Ib of tobb : & Caskes for wch hee humbly Craues Judgemt wth Costs. The Court haueing Examined the Case doe order that Judgemt bee Enterred against the deft for ye sume of 1000 Ib of tobb : & Caske in ye Common wtt of the River and also more for what this Plt can make apeare to haue paid more for Charges in ye defts buisnesse att ye whoorekills.
THOM : TALPINGH Plt partees agreed before tryall ye WILL : PHILIPS Deft S deft Ingaged to pay ye Costs
353
RECORDS OF THE COURT OF NEW CASTLE.
HENDRIK WILLIAMS Plt
ROBB : TALLENT Deft
The deft absent upon ye pits desire this action is Continued till next Court day.
EDMUND CANTWELL, Plt JOHN STREET Deft
The Plt demands of this deft by ballance of accoumpt & a bill ye sume of fyve hundered Eighty & six gildrs & 10 styvrs for wh. he Craues Judgemt. The Case being Examined the Court doe order Judgemt to bee Enterred agst ye deft for 586 gildrs & 10 styvers to bee paid out of ye Crop before itt goes from Capt" Cantwells Land wth Costs.
Hanna Salter makeing in Court appeare that Walter Wharton deceased stands Justly Indebted unto her for goods by him bougt & received the sume of 300 gilders and desier- ing an order against ye sd Estate for ye payment thereof, The Cort doe grant her ye sd hanna Salter an order agst ye Estate of Walter Wharton for paymt of ye sd 300 gilders wth ye Costs.
On this day appeared in Court Harmen Johnson Sybrants son together with his wyfe Belica, whoe then & there aknowl- edged a deed & transport for a Certaine plantation & peece of Land Lying on ye north syde of Christina Creeke betweene a Little Run and ye Land of Walraven Jansen d'vos together wth halfe ye marrish and halfe ye Cripple belonging to all ye tract of Land Called ye mincquaes Plantation; unto William Rainbo planter of Christina, as by the Records of Lands wherein ye above sd deed is att Large recorded may more att Large appeare.
HARMEN JANSEN Plt AMBROOS BACKER Deft
The Plt declares to haue sould unto this deft his part or sheare in a Canoe & a fishing nett for 24 gilders & a Cowe Calfe ye Choice out of three and ye deft Refusing to fulfill ye bargaine the Plt therefore had sued him & humbly Craued 23
354
RECORDS OF THE COURT OF NEW CASTLE.
Judgemt wth Costs. foure Wittnesses being Examined & ye de- bates of both partees heard the Court ordered Judgemt agst ye def for 24 gilders and a Cowe Calfe the Choice out of three according to bargaine wth Costs.
Upon ye Peticon of Robberd Johnson the Cort Granted him Liberty to take up 200 acres of Land wthin this Courts Juris- diction wch heretofore is not granted taken up or Improoved by others, hee forthwith seating & Improoveing ye same ac- cording to Lawe & regulacons.
DANIEL MAKERLY PIt WILLIAM GRANT Deft
The PIt absent was by ye Court nonsuited.
THOMAS HARRIS PIt
RICH : WHITTON Deft upon an attachmt.
The deft absent ye Case was by ye Cort Continued.
The Cort adjorned till tomorrow the 3rd of december.
Dec 3rd 1679 Cort sate.
On this day appeared in Cort hans hansen (alias) Miller whoe aknowledged a deed & Transport unto Hendrik Williams of this Towne of New Castle mercht for a Certayne Plantation & peece of Land in Appoquenemen Called Knolbushauen Cont: 400 acres as by sd deed Recorded in the Records of Lands more att Large doth & may appeare.
Hendrik Williams Sheweing by Peticon that according to this Corts answer to ye Peticon" upon his Peticon the 3rd of of Aprill 1679; Conserning his 2 Judgemts & Executions against the Estate of Walter Wharton deceased The Peticon" had by Peticon addressed himselfe to his honor ye Governor att new Yorke, Whoe had given for answer that hee thougt itt butt reason that ye Peticon" should bee paid his debt out of ye sd Estate of Walter Wharton. The sª Peticon" therefore desired an order wth prferrence agst ye sd Estate of Wharton for ye pay- ment of his twoo Executions etc. Ordered that sence his honor
355
RECORDS OF THE COURT OF NEW CASTLE.
ye Governor is of opinion that ye Peticon" ought to bee paid, That hee bee paid accordingly out of ye Estate of sª Walter Wharton deceased, but no prferrence to bee allowed unlesse his honor shall thinke fitt soe to order itt.
Upon the Request of hendrik Williams, The Cort Granted him an order to take up a small parcell of Land of about 50 acres Lying behind or adjoyning to his the sd hendrik Wil- liams his Land Called Knolbushaven in Appoquenemen, Pro- vyded ye same bee Cleare and that itt bee Improoved accord- ing to Lawe and regulacons.
HANS PETERSEN 1 In an action of the Case for twoo peeces of marrish & ye hay thereon PELLE HENDRIKS mowed.
The Case in differance being about marrish & hay ground of wch the Cort kan not well Judge of before itt bee further Examined : M' Gysbert Dircksen M' hendrik Williams and Peter d' witt are therefore by the Court desiered and author- ized to heare ye difference and debates of both partees, To view the marrish & Examine all the papers & Evidences of both partees and to make a true Returne thereof to this Court att ye next Court day.
ENGELBERT LOTT PIt
ROBBERD WHYTE Deft
The Plt and deft being absent and noe declaration Enterred, The Court ordered a nonsuit against ye Plt.
ABRAM MAN Plt RALPH HUTCHINSON Deft
The Plt by his declarat : declares for £6 : 17 : 0 The deft be- ing absent this action was Continued till next Court day.
ABRAM MAN Plt Withd : by the Plt in Court. WILLIAM OSBORNE Deft
356
RECORDS OF THE COURT OF NEW CASTLE.
An attachmt Laid upon a
ABRAM MAN Plt bond of this Plt wch was by
WILLIAM CLARKE Deft ye Plt assigned ouer unto Sam. Bercquer.
The Pits declaration Read and his allegations heard ; ye Court Judge this action wrong Laid and therefore order a non suit agst ye Plt wth Costs.
Upon the Peticon prferred in the behalfe of Arent Jansen Vandenburgh, The Cort haue granted him Liberty to take up 100 acres of Land behind Bread & Cheese Island together wtb halfe of ye marrish thereunto adjoyning hee makeing Im- proovement thereon according to Lawe and regulacons.
Upon the Peticon of Charles Rumsey the Court doe grant him an order to take up 200 acres of Land next to ye Land granted unto arent Jansen together wth ye halfe of ye marrish adjoyning, hee seating & makeing Improovement according to Lawe & regulacons.
EDMUND CANTWELL Plt EVERT HENDRIKSEN Deft
The Pit demands of this deft by his note under ye defts hand ye sume of fourthy twoo gilders and 10 styvers wch sd sume The deft refusing to pay the Plt hath ben forced to Commence this his action & humbly Craues Judgemt wth Costs. The de- bates of both partees being heard and ye deft not denying his hand to ye note the Court ordered yt Judgemt bee Enterred agst ye deft for the sª 42 gilders 10 styvers wth Costs.
The Executors of the Estate of ( Plt
of DIRK ALBERTSS deceased.
THOMAS SPRY Deft
The Pit demands of this deft by acct the sume of three hun- dered & one gilders nine and a half styvers, part thereof being vendu monny & part thereof other booke debts for wch sd sunie they humbly Craues Judgemt wth Costs. The deft Thom : Spry saying as att severall Courts before hee had done that hee had
357
RECORDS OF THE COURT OF NEW CASTLE.
some acct in Contra to bring in wch hetherto is not by him done ; The Court therefore ordered Judgemt yt Judgemt bee agst ye deft for ye payment of ye sd 301 gildrs 9} styvers wth Costs ; and what Thom : Spry can make Evidently apeare to haue paid in part of ye abovesd sume to be deducted him out of ye same.
Upon the Peticon of Justice William Sempill, The Cort doe hereby prmit & grant him to take up wth in the Jurisdiction of this Court, Fourr hundred acres of Land wth fitt proportion of marrish, wch heretofore is not granted taken up or Im- prooved by others, hee seating & Improoveing the same accord- ing to Lawe & regulacons.
Upon the Peticon of Sike oellsens The Cort haue Granted him to take up 200 acres of Land wth in the Jurisdiction of this Court, wch heretofore is not granted taken up or Im- prooved by others, hee seating and Improoveing the same according to Law & regulacons.
Upon the Peticon of William Green The Court haue Granted him to take up 200 acres of Land within their Juris- diction, wch is heretofore not taken up granted or Improoved by others hee seating and Improoveing ye same according to Lawe & regulacons.
EDMUND CANTWELL Plt an attachmt ROBBERD HUTCHINSON Deft
The defts 1st default. The action Continued.
LUCAS EBELL Plt CAPTN MARTIN KREGIER by Deft
HEND : V : BURGH his attorn :
March 4th 1628 The Plt by his declaration declared as fol- Execut : Issued out loweth vizt That ye deft did in ye month of June Laest past make an agreement with the Plt for to bring his sloop to Appoquenemen Creekes mouth & there to take in upon freight after ye rate of 50 Ib of tobb : per hhd the ful number of seventeen hhds of tobb : or more according to rate
358
RECORDS OF THE COURT OF NEW CASTLE.
and that ye Plt Expecting ye sloope ye first voyadge after ac- cording to bargaine & Contract did make reddy all his Tobb : But ye sloope haueing ben here Twoo voyadges sence, instead of takeing in the PIts tobb : hath ben imployed in other mens Consernes & hath Left this Pits tobb (wch was reddy) here to this day notwithstanding yt ye mast" hath ben once arrested and senerall tymes desiered to take in ye same tobb : accord- ing to Contract hee hath & doth still refuse ye same, wch is to ye damadge of ye plt for ye Losse of his Tyme & other Con- veniencys wch might haue Ensued to yor Plt if hee had prsued his voyadge, as also what by yor Plts Imployer can bee hereafter demanded wherefore ye Plt humbly prayed this Cort that hee may haue an order agst ye deft for ye Losse & dam- adge hee hath sustayned for ye want of ye passage of his tobb : according to agreemt wth Costs of suite.
The deft by his attorney hendrik Vandenburgh aknowl- edges that hee was to Carry the tobb: to New Yorke but sayes yt there was noe tyme perfixt.
Tho : Spry
Will. Grant
Jam : Crawford
John Eaton
Jury The Case being by the Court heard was wth both partees consent referred to a Jury : whoe haueing heard the debates of both partees & ye wittnesses Examined brought in their verdict as followeth vizt. Wee find for ye Plt 850 Ib of tobb : wth Costs for Losse of his Tyme. The Court passe Judgemt according to verdict.
Hend : Lemmens
gisbert Dirks
Hend : Williams
Caspares herman
gerrit Smith
rob : morton
moses d'gan John Darby
CAPTN MART : KREGIER by his Plt Attorn : HEND : VAND : BURGH
LUCAS EBELL
Deft
The Plt demands of this deft for one pr of shoes, ye sume of
359
RECORDS OF THE COURT OF NEW CASTLE.
twenty gilders to be paid in hydes at 16 styv: per Ib : Itt being in Court declared by Cap" Cantwell Justice Gerret otto & MT Sam : Land that Lucas Ebell tendered Capt" Cregier pay before ye arrest ; The Court doe therefore Judge that ye Plt has no Cause of action and therefore doe order a nonsuit to bee Entered agst ye Plt wth Costs.
RALPH HUTCHINSON Plt both parties absent a nonsuit JOHN YEO Deft f ordered
The Executors of DIRK ALBERTSEN Plt - Continued by EVERT HENDRIKS Deft Consent
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