Records of the court of New Castle on Delaware 1676-1681, Part 31

Author: New Castle (Del.). Court; Colonial Society of Pennsylvania
Publication date: 1904
Publisher: Lancaster, Pa., Printed by the Wickersham printing company
Number of Pages: 560


USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 31


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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446


RECORDS OF THE COURT OF NEW CASTLE.


ABRAM MAN Plt WILLIAM PHILIPS Deft


The PIt demands of this deft by acct twenty fyve gilders in wheat and twoo Barrills of Indian Corne. The deft denyes to haue had dealings wth the Plt otherwayes then upon Will osbornes acct.


The Plt makeing oath in Court to ye Justnesse of all his acct & Every thing therein mentioned, doe order Judgement to bee Enterred agst ye deft for twenty & fyve gilders in wheat & twoo barrills of Indian Corne to gether wth Costs of suite.


PETER DEWITT PIt MORRIS LISTON Deft


The deft not apearing and Will Grant pleading that ye def' was sike & not able to come and attend yº Court, and desier- ing in his behalfe that ye case was referred, The Cort Referred ye same till next Court.


HENDRIK VANDEN BURGH PIt


HENDRIK JANSS SYBRANTS Deft ye deft 2ª default.


The Cort Referred this act : till next Court day.


JOHN MOLL


HEND : DROOGSTRAET


PIt Deft


Withdrawn.


THOM : SPRY


Pit The defs 2ª de- -


fault the action


HEND : JANSS SYBRANTS


Deft referred.


GABRIELL MINVIELLE by - Plt CAPTN EDM : CANTWELL


Estate of RALPH HUTCHINSON decd


-


Deft


The PIt haueing Laid his action wrong is ordered to begin a new agst ye administrators.


447


RECORDS OF THE COURT OF NEW CASTLE.


WILL : GRANT Plt an attachmt upon a Cowe & Calfe in JOHN ARNALD Deft ye pits owne hands.


The deft being three tymes Called did not apeare, wherefore ye case is Cont.


Upon the desire of Samuell Bercquer The Court doe Judge that 300 Ib of neat Tobbacco dutch wtt & tarr shall bee held as a merchandable hhd of Tobbacco and that Samuel Bercquer shall pay soe mutch upon ye Execution of Mr Man.


Samuell Bercquer was this day appointed & sworne Con- stable of the northsyde of Cristina and soe upwards in the roome of Jan Nummersen for one yeare or till another bee sworne in his Roome.


ROBERD MORTON plt the deft 2ª default act : Con- ROBBERD JOHNSON Deft tinued.


HENRY RENNOLLS Plt THOMAS OLYVE Deft


The Plant : being 3 tymes Called did not appeare, nor none as an attorney for him upon ye desire of John Ogle the defts attorney ye Court ordered a non suit agst ye Plt wth Costs.


JOHN MOLL PIt


PETER SLOBE Deft


The deft absent, upon ye pits desire ye action is Referred till next Court.


The Cort adjorned till tomorrow att 9 of ye Clocq.


Jannuary 5th 1689.


JOHN TAYLOR PIt


An attachmt upon ye defts Effects. JOHN ARNOLD Deft S


The deft being 3 tymes called did not apeare and upon ye Pits wyfes desire, the action is referred till next Court.


JOHN MOLL PIt the 3d writt non est Inventus Returned. JOHN SCOTT Deft


448


RECORDS OF THE COURT OF NEW CASTLE.


Ordered that if in case ye defendt absents himselfe Longer & that hee doth not apeare att ye next Court Judgemt to passe against him according to Lawe.


JUSTA ANDRIES PIt 1 An attachmt upon a Cowe in ye


JOHN ARNOLD Deft f hands of Capt™ Cantwell.


Referred till next Court.


Mr Abram Man prefferring in Court a peticon desiering an arrest upon the Judgemt past against him yesterday att ye suite of Sam : Bercquer alledging for reasons that ye assignmt upon ye bond is noe Lawfull assignmt yett prooved in Court, there being noe witnesses to ye same : The Court Reply that they Judge ye peticon's Reasons Insufficient & noe Cause of arrest upon ye same Judgemt By reason that ye Peticon" did promise paymt yesterday after ye Judgemt in Court and Mr Wm Clarks Confirming of his sd assignmt by Letters to Mr Moll & Mr John Can & by his speaking verbally & also by wryting to Capt™ Cantwell Laest Summer prooves ye assignmt upon ye bond to bee good.


Upon ye Peticon preferred in ye behalfe of Mary ye widdow of Will : hodges, The Court doe Grant hur to take up a Lott wthin this Towne of new Castle; on ye west syde next to ye Lotts Granted unto Jan Biscus & Isacq Tayne, provyded she forthwith builds thereon according to Lawe & Regulacons.


Jan Boeyer was this day sworne Constable of this Towne of New Castle in ye roome of Jan Biscus for one year or till another bee sworne in his Roome.


Henry Ward his Ear marke for Cattle and hoghs recorded vizt Twoo Cropps and underkeeld on ye Left Eare, Ditto ye marke for his horses : underkeeld on ye Left Ear and branded wth ye Letters HW.


The Court adjorned till ye first Teusday in March next.


16gg february 19tb John Taylor of Duke Creeke his Eare marke for Cattle & hoggs recorded vizt a Crop on ye right Eare a hole & a slitt on ye Left Eare.


449


RECORDS OF THE COURT OF NEW CASTLE.


Att a Court held in ye Towne of New Castle by his mayties authority ye 1st & 2ª of March 168g.


Prsent


Mª John Moll Mr Gerret Otto Mª Joh : D'haes Justices. Mr William Sempill Capt" Edm : Cantwell H. Sherrife.


Upon ye Request of Anthony Bryant, The Court haue Granted him to take up a small narrow slipe or angell of Land Lying wthin this Towne of New Castle behinde his pur- chaze from ME Alrichs, in breath next to ye Lott of dom : Tessemaker about fyve paches and some thing broader next to ye swamp, to Correspond wth the street of gerrit Smith, upon Condition that hee ye sª Anthony Bryant in Liew thereof shall Leaue of his owne ground next to Dom : Tessemaker, a street of 30 foot broad.


Apeared in Court Jonas Erskin son & heir of his father John Erskin deceased and attorney of his mother Jean ye wid- dow and administrarx of ye Estate of ye sd John Erskin de- ceased, whoe then and there aknowledged by his deed bearing date ye 31th of Jannuary 16gg the Transporting and makeing ouer unto John Wattkins sayer & Charles Rumsey Each ye Equall halfe of a Certayne Plantation and tract of Land heretofore Granted & Confirmed unto ye sd John Erskin de- ceased by Pattent from Governor Rich : nicolls bearing date ye 1st day. of Jannuary 1667 in Company wth Thomas Browne & Marten Gerritzen ye Land to bee Equally divyded betweene them as by ye sd Pattent more att Large doth appeare ye sd parcell of Land Lying between fyren hoek & swart neuten Island in Cristina Creeke by Estimation 500 acres more or Lesse ; and ye sd Jonas Erskin declared further by his said deed to have Received sattisfaction of the said Charles & John, by specialty under their hand & seale for 6000 Ib of tobb : as by ye sª deed under hand & seale of ye sª Jonas Erskin in ye prsence of John Ogle and Ephraim herman wittnesses more att Large doth & may appeare.


29


4


450


RECORDS OF THE COURT OF NEW CASTLE.


Followeth the Coppy of a Letter of Attorney by Jonas Erskin produced in Court & prooved by John Ogle one of ye wittnesses to ye same, by his oath in Court.


Know all men by these prsents that I: Jeane Arskin ye widdow & administx of John Arskin deceased : doe by these p"sents ordaine make Constitute and appoint my trusty and well beloved son Jonas Erskin of Cristina Creeke in delowar River to bee my true and Lawfull attorney and in my name and stead and to my use to Lett sett assigne ouer bargaine and to make sale of infeofe and Confirme any part or parcell tract or tracts of Land belonging to ye Estate or administ* of John Arskin for ye paying of ye debts of ye sd John Erskin, and to aske demand sue for Levy and Recouer and Receive all sutch debt or debts that shall bee due to ye said John or anministrat" Either by bill bond or account from any prson or p"sons Living wthin this River & Bay of delowar, Giving and by these prsents granting unto my said attorney my full power & authority in and about ye prmisses & Every part and parcell thereof as amply & fully as if I: myselfe were there p"sent, hee paying the debts of John Erskin soe farr forth as hee Receives and for what my said attorney shall Lawfully act or doe in the premisses I doe Confirm the same to all Intents and purposes, as witnesse my hand & seale in New Castle this 16th day of Novembr Anno : 1679.


Signed Sealed & Delivered in ye prsence of


hur Jean Jan arskin (L S)


marke.


John Darby John Ogle


PETER DEWITT PIt MORRIS LISTON Deft


The Pit declares that this deft stands Justly Indebted unto him ye sume of 145 gilders for wch this deft was to deliver one hhd of tobb : good upon his word, but Instead of sending up of a good hhd of tobb : ye deft sent up a bad rotten hhd of


451


RECORDS OF THE COURT OF NEW CASTLE.


Tobb : by Moses ye boatman and therefore ye Plt desires that ye deft may bee ordered to Pay the sd debt wth good & mer- chandable Tobb.


Jury The deft denyes to have promissed to John Can John Walker Deliver a hhd tobb: good upon his word: With ye Consent of both partees ye Case Hend : Williams was referred to a Jury Peter dewitt Eng : Lott gisbert dirkss sworne in Court declares that Morris Liston promissed to pay him in Tobb: Roelof Andries good upon his word : Moses D'Gam Jos : Barkstead sworne in Court Sayeth that Peter de Wm Grant witt ordered him to bring or fetch a hhd Rob : Morton of Tobbacco for him of Morris Liston, John hermsen and gaue him a note, and being att ye Geo : more house of ye sd Morris Liston, sª Morris H : V : Burgh delivered a hhd of Tobbacco and would haue had ye deponant open itt, but ye deponant Replyed to haue noe skill in tobbacco, and sayeth that hee not open itt but brougt itt To Towne as t'was delivered. The Jury heard ye debates of both partees & ye Evidences Sworne, went out & Returning brought in their verdict as followeth vizt Wee find for ye defendt wth Costs of suite.


ABRAM MAN Plt SAMUEL BERCQUER Deft


The Plt demands of ye deft by acct ye sume of 67 gilders for wch hee Craues Judgemt wth Costs.


The deft objects agst & denyes severall articles of ye acct.


The Court haueing ordered ye Plt Laest Court to bring his booke in Cort att this Court to see how ye same did agree wth his acct and ye sd Plt bringing now only a pocket booke wch hee Confesses to bee none of the originall booke wherein ye sd defts acct was first Enterred and ye sd Pockett booke being found not to agree wth ye acct before given in Court, and moreouer ye Plt haueing before tendered his oath to sweare to all his acct in wch was sett downe for ye spoyll of one saddell


452


RECORDS OF THE COURT OF NEW CASTLE.


26 gildrs to wch article ye Court Judge that hee could not safely sweare, ye sª sadle haueing not ben seen or Appraysed by any and itt appearing also by ye Constables oath Laest Court that ye plt had not demanded Any more than thirteen Gilders ; The Court therefore doe Judge this but a vexatious suite and doe order a non suite to bee Enterred agst ye Plt wth Costs.


The Laest Will & Testament of Walraeven Jansen devos Late of Christina Creeke deceased was produced and prooved in Court by the Wittnesses Pieter de Coonink & Johannes De Rivier upon oath, ye sd Will being hereannex Recorded vizt Gysbert Jansen Eldest son of Walraeven Jansen is to haue ye halfe of his fathers plantation & Land in Cristina upon Con- dition that hee shall help to maintayn his mother & ye rest of ye unmarried Childeren during Lyfe and that hee bee obedi- ent & not refractory to his sd mother and in case that ye sd Gysbert should happen to marry and then in case of disagree- ment hee is to sheare ye Land wth his said mother Each halfe, all ye unmarried Children att ye decease of ye mother or before if shee thinkes fitt, are upon marriadge to haue as mutch of ye Cattle & mooveables as those haue had that are married before this date and what shall afterwards upon the decease of ye mother bee found over, the same to be Equally sheared be- tweene all the Childeren Each a Lyke, and att the Decease of ye mother Jonas Jansen the Joungest son of ye sd Walraven Jansen is to haue the other halfe of ye plantation & Land aforesaid.


HENDRIK VANDEN BURGH Plt The defts 3d default. HENDRIK JANSEN SYBRANTS Deft


The Plt demands of the deft by acct the sume of one hun- dered & ten gilders & nine styvers for wch hee Craues Judgemt wth Costs and that his attachmt upon ye defts Corne in the Cus- todie of John Johnson may bee held good. The sd Plt haueing Sworne to ye Justnesse of his acct in Court and the deft haue- ing ben absent three severall Court dayes, The Court doe passe


453


RECORDS OF THE COURT OF NEW CASTLE.


Judgemt agst ye deft for 110 gilders & nine styvers & doe allow of ye attachmtt on ye Corne wth Costs.


THOMAS SPRY Plt The defts 3ª default. HENDRIK JANSEN VAN BREAM Deft


The Plt demands by ballance of acct of this deft ye sume of 258 gilders & 10 styvers for wch hee Craues Judgemt wth Costs and that his attachmt upon ye defts Corne now att ye house of Pella Mathiassen att swanwyke may bee allowed: The deft haueing ben absent 3 severall Court dayes, The Court (upon ye Pits oath in Court to ye Justnesse of his acct) doe passe Judgemt agst ye deft for ye said 258 gilders 10 styvers & ye attachmt allowed of wth Costs.


WILLIAM GRANT PIt - JOHN ARNOLD Deft §


The defts 2ª default.


The Plt demands of this deft by bill ye sume of f 57 in Corne, This being ye 2ª Court ye acct is Continued.


ROBBERD MORTON PIt - ROBBERD JOHNSON Deft S


The defts 3ª default.


The Plt demands by acct of this deft ye quantity of 1400 1b of Tobb : & 5 barrills and 2 schipple of Indian Corne for wch hee Craues Judgemt wth Costs and that his attachmt on ye defts Cropp on ye pits owne Plantation may bee allowed of wth Costs. The Plt makeing oath in Court to ye Justnesse of his acct, The Court doe order Judgemt to bee Enterred agst the deft for ye sd 1400 Ib of Tobbacco & 5 barrills and 2 Schipple of Indian Corne wth Costs & doe allowe of ye attachmt.


PATRICK CARR PIt


JOHN OGLE Deft


The Plt demands of this deft by bill one inare and ye sume of 140 gilders.


The Plt alledges that has delivered ye mare to gisbert Dirksen ye Plt attorney according to the bill. hendrik vanden burgh & will : osborne sworne in Court say that Gysbert Dirk- sen aknowledged before them that hee had Received ye mare


454


RECORDS OF THE COURT OF NEW CASTLE.


of John ogle for Patricks accompt, Justice Sempill says ye same. The Cort does find that the mare was delivered and yt therefore John Ogle is discharged of ye same and as for ye 140 gilders sence there is found to bee accts betweene ye partees they are ordered to state ye same betweene on another. Par- tees afterward declared to haue agreed Each to pay } Costs of suite.


JOHN TAYLOR of Drayers Creeke Plt JOHN ARNOLD Deft


The Plt nor deft not appearing a non suit was ordered agst ye Plt wth Costs.


JUSTA ANDRIES Plt The deft 2ª default JOHN ARNOLD Deft ye action was Continued.


JUSTA ANDRIES Plt an attachmt upon a pott of ye


PETER JEGOU Deft deft


The deft absent ye Action was Continued.


GABRIELL MINVIELLE by an attachmt upon all his Attorn : CAPT : Plt ye Effects & debts EDM : CANTWELL of ye Estate of ye The Estate of JOHN ·Deft


deft in these SHACKERLY


County.


The declarat : Read : The Court are of opinion & doe Judge that Mr gab : Minvielle must sue ye administrs M" Corn : Steen- wyk att new Yorke sence they both Live there & yt ye debt is there Created & that sd John Shackerly dyed also in ye same place ; and therefore a non suite is Enterred agst ye Plt wth Costs.


JOHN MOLL Pl ) ye deft default, by ye Pits desire ye SEGER AUKES Deft - action is Continued.


WILLIAM PHILIPS Plt THOM : SNOWDEN Deft


The Plt demands as pr declar : for worke don 22} schipple


455


RECORDS OF THE COURT OF NEW CASTLE.


of Indian Corne & 16 gildrs 15 styvers. The deft denys to owe Corne to ye Plt but that hee ye plt was to haue 300 Ib of tobb : when ye house was finished wch is not yet quyt done. The Cort referred this action untill next Court & in ye meane- tyme Roelof Andries & John foster are appointed to view ye house, what itt worth & whether sufficient done & to make returne att next Court.


The Court adjorned till tomorrow ye 2ª of March Instant at 9 of ye Clocq.


March 2ª Court sate ye Justices all p"sent.


John Walker was appointed & sworne for Constable of Ap- poquenemen & preincts for one year or till another bee put in his roome, in ye stead of Jan Pietersen ye Laest Constable whoe was discharged.


Robberd Batty servant to morris Liston being by his sd Master brought in Court to bee Judged what tyme hee should serve for haueing ben Runaway att sundry tymes ye space of fyve months & 15 dayes, and for Charges wch his sd master has ben out in pursuits apprehending & bringing bake ye sd servant (one boate & furniture wch ye sd servant runaway wth & Lost being therein included) ye sume of 1326 gilders etc.,


Pannell of the Jury. The Court did thinke fitt to Referre ye Case to a Jury ; Morris Liston was John Can sworne in Court to ye Justnesse of ye John Walker number of months & dayes and ye per- hend : Williams ticulars of the Charges, ye sd servant Eng : Lott being Lykewyse asked made noe objec- gisbert dirksen Roelof Andries tions agst ye same. The Jury haueing Received their Charge went out and re- Tho : Woollaston Wm Grant turning brought in their verdict as fol- loweth vizt, It is mutually agreed that Rob : Morton any Indented servant that shall absent Jan hermsen Geo : more. himselfe from their mastr or dames servis shall serve fower dayes for Every hend : V. Burgh. day hee is absent.


456


RECORDS OF THE COURT OF NEW CASTLE.


Itt is further agreed yt any man yt is in pursuit of his ser- vant shall bee allowed fower gilders pr day & all other charges that hee can make apeare to bee Just, and this monny to bee paid as followeth ; in servis att fyve gilders pr weeke the master allowing the servant all things necessary for a servant yt tyme of servitude.


The Cort doe approove & allow of ye sd Juries verdict, and itt being stated & Cast up in Court howe Long ye sª servant Robberd Batty was to serve by that rule aforesd Itt is found to amount to seven years six months & 15 dayes wch tyme ye Cort doe order, Judge & allot him to serve accordingly.


THOMAS SNOWDEN Plt WILLIAM PHILIPPS Deft


This action is Referred till next Court to ye End ye Plt & deft may discount if ye Cort find Cause.


Thomas Snowden being bound ouer upon Information & Complt of William Philips, on suspition of burnt nayles found in his house, and ye sª Will : Philipps being Lykewyse bound ouer to prosecute him ye sd Thomas Snowden about ye same, und ye Case being Examined & noe wittnesses appearing to proove any thing materiall to ye sd Case : The Court could find no matter of fact or Cause of action and therefore ye sª Thomas Snowden was Cleared of his bond.


SAMUELL LAND PIt


ABRAM MAN Deft


The Plt demands of ye deft by a bill under ye hand of ye deft ye sume of 69 gilders to be paid unto ye plt here in ye Towne of New Castle att or before ye first day of february Laest in bacon att 16 styvers pr Ib. The deft replys that this plt was to receive ye bacon first att his house in Cristina & that hee ye deft then was to deliver itt in ye Towne & thatt hee had sent ye bacon to ye Towne to pay ye Plt etc.


Oele Thomassen sworne in Court sayeth that after ye bill was writt the words (vizt) after it is Received, were skrats out,


457


RECORDS OF THE COURT OF NEW CASTLE.


to ye Scartsing out of wch words Mr Man att first was unwilling but afterwards agreed & Consented to ye scratsing out of them.


John Can Sworne in Court sayeth that ye blotting out of ye words in ye bill vizt (after itt is Received) was wth Mr Mans Consent.


Henry fisher sworne in Cort sayeth that Laest satturday hee being prsent on ye road M' Land meeting Mr Man on ye Road spoake to him about ye bacon that itt wanted of itts waight & not merchandable & undervallued itt mutch to wch Mr Man Replyed that hee owed him no dutch wtt and ye same day in ye afternoone Mr Land seemed verry willing to decide ye buisnesse and sayed to M' Man where shall wee goe to wch Mr Man sayed come to my house whereunto ye other agreed but did not come.


The Court appointed Mr John Can and oele Thomass to view ye bacon, whether itt bee merchandable; whoe returning in Cort declared that ye bacon is not worth 16 styvrs pr Ib nor merchandable. The deft aknowledging ye bill ye Court doe order Judgemt to bee Enterred agst ye deft for 69 gildrs in bacon at 16 sty : per Ib. according to bill wth Costs.


JOHN SMITH Plt


JOHN MOLL Deft


The Plt declares that being indebted to this deft a Certayne sume wch was to bee paid in wheat & barly this deft did ob- tayne a Judgemt & Execution agst yr Plt and wth ye same did seize upon & take away a Certayne man servant who was ap- praized att an undervallue (as ye plt supposes) notwithstanding that yor Plt did proffer to sattisfy ye deft in Cattell pewter brasse bedding or any other goods wch hee had (ye Plt haueing att that tyme noe wheat or barly) by wch ye Plt finds himselfe Really damnifyed ye sume of 40 pounds & thereupon hee brings his suite, humbly Craueing yor worpps to take ye p"misses in Consideracon & to grant yor Plt that his sd servant may bee restored or that ye deft may Give Sattisfaction for him according to his vallue.


458


RECORDS OF THE COURT OF NEW CASTLE.


The Pannell of ye Jury. John Can John Walker hend : Williams Eng : Lott Roelof Andries Tho : woollaston Wm Grant Rob : Morton


Mich : Cantwell Morris Liston


John hermsen


Geo : more.


The Plt in Cort desiered to haue an attorney allowed to speak for him, wch ye Cort did grant, & ye sd Plt thereupon made choyce of Abram Man. The deft desiered that ye Case might bee Referred to a Jury ; wch was Granted & a Jury was Impanneled & sworne. The deft further desiered yt ye plt should proove his declaration ; wch ye Plt not doing before ye Jury went out ye Plt declared & was willing to suffer a non suit wch by ye Court was ordered to bee Enterred agst ye Plt accordingly wth all Costs.


Abram Man of his owne accord in open Court declared & Impeached Justice John Moll saying that hee ye sd John Moll was nott fitt to sitt as a Judge in Court and tendered to proove what hee sayed, wch Justice John Moll desiered to bee re- corded and thereupon withdrew himselfe from ye bench.


The Court doe order that sª Abram Man Give bond of one hundered pounds sterling & shall bind ouer his Plantation Land and all his Estate goods & Chattles in this River for security thereof, to answer prosecute & make good his abovesd Impeachment att ye next Court to bee held in this Towne of New Castle.


ABRAM MAN Plt WILLIAM OSBORNE Deft


The Plt declares that whereas ye deft was to build one sub- stantiall dwelling house in ye Towne of New Castle as by his bond may more att Large apeare dated ye 13th of September 1680; now may itt please yor worpps that ye sd deft hath not pľformed his bond, and now doth refuse to doe itt soe that yor plt is forced to bring this his action att Lawe hopeing that yor worpps will bee pleased to give yor Plt according to yor Plt bond, that ye deft may be forced to prforme ye said bond in ye finishing of ye sd house and all costs of suite.


459


RECORDS OF THE COURT OF NEW CASTLE.


The deft Replyes & sayes that this Plt was to find furnish & bring in place ye nayles Clabbords & timber : and that hee hath for above twoo months agoe, sett up all ye frame Com- pleat as itt may bee seen but that ye plt not bringing ye Clab- bords hee ye deft for want thereof Could not Compleat ye sd house, but was forced to Leaue ye frame & take other worke and that In ye meanwhyle throu a hard Gust of wind ye sd frame was blowen downe & spoyled; and that all this was through meanes of ye Plt, desieres that ye Case may bee put to a Jury.


The names of ye Jury. Samuel Land sworne in Cort sayeth yt Mr Abram Man tould him that hee John Can was to bring downe ye Clabbords for John Walker William Osborne to worke. William hend : Williams Philips sworne Sayeth that hee heard of Eng : Lott Roelof Andries Abram Man & Will : osborne, that hee ye sd Abram Man was to bring all Tho : Woollaston Wm Grant lumber to place. The Court Referred ye Case to a Jury whoe went out & re- Rob : morton turning brought in their verdict vizt wee Mich : Cantwell find for ye deft wth Costs of suite. The Morris Liston Court doe Confirme ye Jurys verdict. John hermsen The Plt desires an appeale from ye ver- geo : more. dict of ye Jury & Court to ye high Court of Azzyses, in New Yorke alledging for reason that hee was not sattisfyed wth ye Judgemt. The Court doe grant the appeale Provyded ye Plt Gives good security and performes all things according to Lawe.


ABRAM MAN .Plt SAMUELL BERCQUER Deft


The Plt by his declaration declares for falls Imprizonmt in an action formerly Entered agst ye plt to wch this deft did not apeare etc.


before tryall both partees did mutually agree in Court withdrawing ye action & Each to pay ¿ costs of suite.


460


RECORDS OF THE COURT OF NEW CASTLE.


Upon a prsentment of Sam : Bercquer Constable of Cristina agst Abram man for haueing Contrary to Lawe against the will & Consent of twoo servants that Lived wth him (vizt) one man named William Burd and a Joung maid Catherin Barnes daughter to Christopher Barnes, sould and disposed of ye sd twoo servants unto another or other Governments wth out Just Cause Either heard or knowne etc : ordered that mr man produce att ye next Court by what power in what man- ner & howe hee hath disposed of ye sd twoo Servants out of ye river.


Upon the Peticon of mathyas mathyassen smith of Cristina desiering a grant for a Lott of Land wth in ye Towne etc., The Court doe grant ye Peticon" to take up a vacant Lott in ye Towne wch hath noe owner ; provyded that hee Comes him- selfe to build & Live thereon wth in ye space of six months next Ensuing.




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