HCA 13/73 f.44r Annotate
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To the 10th hee saith that the said Anchor whereupon the Warewell
was bilged as aforesaid was Cast and did lye in as Convenient
a birth for ships to ride as any in the river of Thames, And saith
that Masters of ships doe not use to cast their Anchors in such places
And by the Customes observed in the said River, they ought not soe
to doe, And saith that by reason of the lying of the said Anchor
in the Place aforesaid, and without a buoy, all the foresaid damages
came and happened, to the said ship the Warewell, and not by any
Carlessnesse or insufficiency of the said Clarke and Company
which hee knoweth for the reasons aforesaid: And further deposeth
To the 11th hee saith that hee hath bin a Seaman for about twenty
yeeres last, and thereby knoweth that it hath bin and is a Custome
observed in the said River of Thames that noe Master of a ship ought
to let his Anchor lye without a buoy longer than one
Tyde, and that in case any Master shall suffer his Anchor to lye
without a buoy longer than one Tyde the said Master or the ship
to whome the sayd Anchor belongeth ought and is Liable to
make satisfaction, for what damage shall come and happen thereby
and further cannot depose:/::
To the 12th and 13th hee referreth himselfe to the Registry of this
Court and further deposeth not./.
To the 14th hee saith the said Clarke and Company the owners of
the said ship by reason of the Premisses have sustained losses and
damage, (besides the severall summes aforesaid) to the Vallue
of Tenn pounds sterling for the losse of Imployment of the said ship.
and the forebearance and Interest of the said money: and
further deposeth not:/
To the 15th and 16th hee referreth himselfe to his foregoeing deposition
and to the Lawe:/.
To the last hee saith his foregoeing deposition is true./.:.
To the Interrogatories [CENTRE HEADING]
To the first hee saith hee was a Common man of the Warewell the time
To the second hee saith hee knoweth the foresaid Dutch ship called
(as hee remembreth the Susan, which is of the burthen of about
200 Tonns, and saith shee did noty lye in a Usuall place
where ships doe use to ride, and further cannot answer/.
To the 3d hee saith the said ship Warewell came to an Anchor
in the foresaid place, at high water
and the said ship came upon the said Anchor, when the
water was about 3 quarters Ebb. and further Cannot answer
To the 4th hee saith the said ship the Warewell had laine in the
foresaid Place (before shee was bilged) about Ninetene houres
and otherwise cannot Answer.