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the sayd Tottie would not condescend, but … the sayd Tottie would not condescend, but required the<br />
shipps company to goe on with ladeing the lighter, which<br />
they, for the reasons aforesayd refused to doe, whereupon<br />
the sayd Totty went on shoare and fetched some labourers<br />
to lade the sayd lighter, and they being come on board they with<br />
the helpe of some of the shipps Company did fully lade<br />
the sayd lighter, and it being laden Tottey sent it away, And<br />
hee saith that not long after huggery and Turpin the<br />
Masters Mates seeing the master did not take Care to have<br />
the shipp and goods surveyed, did procure two men by order<br />
of the Trinity house to survey the sayd shipp and the goods<br />
dammaged, after which survey made, the shipps Company<br />
did readily performe their duties in unladeing the sayd<br />
shipp when lighters came to fetch it this hee<br />
deposeth of his sight and knowledge being one of the shipps<br />
Company and further hee cannot depose./
To the 7th hee saith hee hath bin a Mariner for about fowerteene<br />
yeares last and in that tyme hath made divers Merchandizing<br />
voyages<br />
and thereby knoweth and hath observed that Primage and<br />
Averidge is paid and allowed to Masters and Mariners over<br />
and above their wages and that it being paid doth binde them<br />
to satisfie such dammages as happens to their ladeing by<br />
imbezillment, ill stowage, want of pumpeing, or the like<br />
neglects of theirs And saith hee sawe Totty receive primage<br />
and Averidge of some of the freighters for this voyage in question,<br />
and that hee hath paid noe primage nor Averidge to the deponent<br />
for the voyage now controverted, nor as hee beleeveth to any<br />
other of the sayd shipps company And further to this article<br />
hee cannot depose/
To the 8th hee saith hee referreth him selfe to the<br />
Registry of this Court and further cannot depose./
To the last hee saith his foregoing deposition is true/
To the Interrogatories/ [CENTRE HEADING]
To the first (the danger of periurie being declared to him as<br />
the Interrogatories requireth) hee saith hee was one of the<br />
Company of the ''Edward and John'' the voyage in question,<br />
and that Tottey is sued for his wages amongst others by<br />
this suite./
To the 2 hee saith hee hath heard and beleeveth that the Interrogate<br />
Captaine Totty was at the Barbados sued for the horse<br />
Interrogate, and condemned to pay for him, And further saving<br />
his foregoing deposition hee cannot depose/
Tooregoing deposition hee cannot depose/
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