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Milton v. Maundrell Eng. Rep. 584 (1752-1865)

handle is hein.slavery/ssactsengr0526 and id is 1 raw text is: MILTON V. MAUNDRELL

(cujus Benjaminus Clark defunctus nuper et postea Nicolaus Kidgell fuerunt magistri)
contra Sherman Godfrey et Gulielmum Coleman nuper proprietarios   partium dietm
navis ejusque, &c.
[304] Ad objiciendum contra computum (?) per Sayer in hhc caush exhibit ...
et ad audiendum voluntatem Domini super liquidatione decreti interloc. in h'c
caus interpositi in hune diem ad ejus petitionem.
Sayer alledged that he hath tendered to the mariners in this cause more than
was due, and therefore prayed his clyents to be dismissed with expenses ; Garrett
petente ut prius. Dominus habita matura in hhc parte consideratione pronunciavit
prout sequitur, videlicet
£   s. d.
That the value of the ship  Anne, galley, and her outset at the
port of London does amount to .    .    .    .830 11                     0
That the freight of eighty negroes taken on board on the coast of
Guinea, if the ship had arrived at St. Christopher's, would, at £5 a
head, have amounted unto   .       .    .    .    .    .     .  400   0  0
And that the whole wages of all the mariners of the said ship, from
the port of London to the time she was lost, viz. the 19th of
August 1717, amounts to                                         306 13   8
1537  4  8
That the value of the iron and materials of the said ship saved,
deducting £40 paid thereout for salvage, amounts to .  .       30  0  0
And that the freight of the seventeen negroes saved, at £5 per head,
amounts to                                                     85  0  0
Sum total of the profit         .115   0  0
That if the ship had not been lost, there would have been due to the mariners
in this cause the wages following, viz. :-
To Derick Hanson, from the 11th of December 1716 to the 19th of
August 1717, at El, 3s. per month  .    .    .    .    .     .    9 10   0
To Margaret Hornby, widow and executrix of John Hornby, late
cooper of the said ship, from the 11th of December 1.716 to the
8th of June 1717, at £1, 15s. per month                           10  7  8
19 17 8
[305] That wages in this cause are by law due and ought to be paid according
to an average of profit and loss in this behalfe, made and sustained as follows, viz.
£   s. d.
To Derick Hanson     .    .    .       .    .      . 0   14  3
To Mary Hornby, widow and executrix of John Hornby . 0   15 6
1   9  931
The Judge therefore condemned Sayer's clients, viz. Sherman Godfrey, owner
of two-ninth parts of the said ship, and William Coleman, owner of one other ninth
part of the said ship, in three-ninth parts of the said sum of £1, 9s. 9:3d., viz. in the
sum of 9s. 1]1d. for the wages aforesaid ; and ordered the same to be paid to the
said Derick Hanson and Mary Hornby, or to their lawfull attorneys, sine vero expensis.
Monitio ad petitionem Garret ad solvend. dicta salaria imediate post, &c., Sayer
suscepit (?) pro dictis salariis.
MILTON V. MAUNDRELL. The Blessing and the John and Sarah. 1719.-
Collision. Owners of the ship sued condemned in damages and costs, their
ship having run the other down  wilfully  ; Ad. Ct. Assignation Book, 1st
December 1719. Sentence affirmed on appeal, except that as to costs no order
was made (deletd clausul d pro expensis) ; Delegates' Assignation Book, 8th Nov.
1720, nom. Maundrell v. Milton.
1st December 1719.-Gulielmus Milton, Johannes Underwood, et socii pro-
prietarii bonorum, rerum (?), mercium, et mercimoniorum in nave qufldam vocath

584

BURRELL 304.

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