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hundred weight this hee deposeth for that … hundred weight this hee deposeth for that hee was present when the sayd<br />
Swinnock bargained for and bought the sayd hundred baggs of ginger of the sayd<br />
Commissioner and sawe him subscribe his name for them to their sayd booke<br />
And further to this article hee cannot depose./
To the second article of the sayd allegation hee saith that the conditions agreed<br />
upon betweene the sayd Commissioners and the sayd Swinnock were that hee<br />
the sayd Swinnock should on the next day after such sale of the sayd baggs of<br />
ginger to him pay to the sayd Commissioners soe much money as the one halfe of<br />
the sayd ginger was sold for and amounted unto, and the other halfe twenty dayes<br />
after the sayd sale, and that hee the sayd Swinnock should receave the sayd ginger within<br />
twenty dates after such sale, or in case of fayling soe to doe to pay forty shillings<br />
a day demorage for each day after the sayd twenty dayes expired, and the sayd<br />
ginger was agreed to be weighed in case the sayd Swinnock came not to receive the<br />
same within the sayd twenty dayes, and these conditions were publiquely read<br />
to the sayd Swinnock and by him consented unto before such his subscription<br />
predeposed of, and further to this article hee cannot depose./
To this article of the sayd allegation hee saith that hee this deponent did twice<br />
or thrice on the behalfe of the sayd Commissioners (both before the sayd twenty<br />
dayes were expired and after the expiration of the sayd twentie dayes, and<br />
before any other ginger wjhich laye in the same ware house where the ginger sold<br />
to the sayd Swinnock laye was delivered and fetched away from thence) spake<br />
to the sayd Swinnock to fetch away his hundred baggs of ginger which hee<br />
had bought as aforesayd, but the sayd Swinnock only answered slightly that<br />
hee would fetch them one of these dayes, and delayed to fetch them, and doth to<br />
this present delaye to fetch them, this hee deposeth being warehouse keeper to the sayd<br />
Commissioners, of that warehouse where the sayd Swinnocks ginger laye and<br />
doth still lye, by which delaye (as this deponent beleeveth and conceiveth) the sayd<br />
Swinnock hath increased the penalty of 40 ''s'' a day for demorage according to<br />
the agreement predeposed of and further hee cannot depose saving hee saith that<br />
Mr Richard holford a surveyor to the sayd Commissioners did alsoe once in<br />
this deponents presence and hearing (and before any other gingers which were in the<br />
same warehouse where the sayd Swinnocks 100 baggs of ginger laye was removed<br />
and taken out thence) speake to the sayd Swinnock to fetch away his sayd<br />
hundred baggs of ginger, but what answere the sayd Swinnock made to the sayd<br />
holford thereupon hee thsi deponent doth not now remember./
To the 4th and 5th articles of the sayd allegation hee saith and deposeth that hee this deponent<br />
being warehousekeeper of the warehouse wherein the sayd 100 baggs of ginger bought<br />
as aforesayd by the sayd Swinnock lay well knoweth that the other ginger in<br />
the sayd warehouse sold to other persons, nor any part thereof was delivered<br />
out of the sayd warehouse untill the seaventh day of Aprill last past.<br />
and saith hee well knoweth there was noe fraud used in devideing<br />
the ginger sold to the sayd Swinnock from the ginger in the<br />
sayd warehouse sold to other persons, but the same was impartially<br />
seperated, and hee well knoweth that the persons who soe first<br />
tooke their ginger away out of the sayd warehouse had noe more nenefitt or<br />
advantage by their takeing of theirs first sawy, then they would have<br />
hadsawy, then they would have<br />
had +
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