HCA 13/72 f.35v Annotate

From MarineLives
Jump to: navigation, search
[Expand]

Expand this area to see details of page purpose, how to register, how to add footnotes, and useful links.

Image

HCA 13/72 f.35v: Right click on image for full size image in separate window

Transcription

then such averidge or averages agreed upon as aforesaid by Charter
party, which by usuall and universall practize there is or are understood
and payd for and in Liew and consideration of such emergent and
incident losses and dammages. The premisses hee declareth upon the
grounds of knowledge predeposed. And further cannot depose

To the Crosse Interrogatories./ [CENTRE HEADING]

To the first hee saith That hee rendent cometh to declare the trueth of
his knowledge concerning the present matter in controversy, and that at
the request of one Mr Egleston, and saith hee doeth not perfectly under=
stand the nature of primage, it being a Nationall custome of this
Countrey, but being a Merchant and sufficiently versed in forraigne
Merchandizing termes and customes, hee is well acquainted with the
nature of averidges, but understandeth not the terms of perilodmonage
interrate, and saith that the word Averdige importeth all the charge[s GUTTER]
incident to a shipp in her voyage from place to place, and that the
averidges are constantly imposed upon, and payable out of the
Merchandizes laden aboard such shipp or shipps. And otherwise
cannot depose./

To the second hee saith, that hee doeth not know nor ever understood that
averidges were properly due to any Master or Company of any shipp
or shipps (this rendent as aforesaid not being acquainted with the nature of
primage and petilodmonage) and saith, that such master or Companye
as is employed upon such a voyage from Lisborne for Brazeel have
usually some such particular consideration or recompense for their extraordinary
paines and care in stowage and denageing as is interrate, as by and betweene
the freighters and imployers of such shipp or shipps, and the said Master
and Companies are agreed upon, without giving such Master or Compan[ie GUTTER]
any effectuall interest in such averidge or averidges as aforesaide.

To the third hee saith hee knoweth nothing thereof./

To the 4th hee saith hee referreth himselfe to his foregoeing deposition
And further cannot depose

To the 5th hee referreth himselfe to his precedent deposition to the second
Interrogatorie.

To the 6th hee saith, it is usuall for those that goe from Lisborne or other
place in Portugall upon the Brazeele voiage interrate to enter security
with sureties to returne to Lisborne or some other port of Portugall
there to pay such Customs as are due to the King, and further hee
saith hee knoweth not, nor can further depose./

To the 7th hee saith, hee knoweth nothing thereof, but beleeveth that the
hazards of health or life or fighting with the dutch in the voiage to
Brazeel, and in those to other parts of the West Indies are much
alike./

To the 8th negatively, having for his owne particular accompt never had
any transaction of the nature interrate./

To the nyneth hee saith hee referreth himselfe to his precedent answer