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then such averidge or averages agreed upon … then such averidge or averages agreed upon as aforesaid by Charter<br />
party, which by usuall and universall practize there is or are understood<br />
and payd for and in Liew and consideration of such emergent and<br />
incident losses and dammages. The premisses hee declareth upon the<br />
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<br />
his knowledge concerning the present matter in controversy, and that at<br />
the request of one Mr Egleston, and saith hee doeth not perfectly under=<br />
stand the nature of primage, it being a Nationall custome of this<br />
Countrey, but being a Merchant and sufficiently versed in forraigne<br />
Merchandizing termes and customes, hee is well acquainted with the<br />
nature of averidges, but understandeth not the terms of perilodmonage<br />
interrate, and saith that the word Averdige importeth all the charge[s GUTTER]<br />
incident to a shipp in her voyage from place to place, and that the<br />
averidges are constantly imposed upon, and payable out of the<br />
Merchandizes laden aboard such shipp or shipps. And otherwise<br />
cannot depose./
To the second hee saith, that hee doeth not know nor ever understood that<br />
averidges were properly due to any Master or Company of any shipp<br />
or shipps (this rendent as aforesaid not being acquainted with the nature of<br />
primage and petilodmonage) and saith, that such master or Companye<br />
as is employed upon such a voyage from Lisborne for Brazeel have<br />
usually some such particular consideration or recompense for their extraordinary<br />
paines and care in stowage and denageing as is interrate, as by and betweene<br />
the freighters and imployers of such shipp or shipps, and the said Master<br />
and Companies are agreed upon, without giving such Master or Compan[ie GUTTER]<br />
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<br />
And further cannot depose
To the 5th hee referreth himselfe to his precedent deposition to the second<br />
Interrogatorie.
To the 6th hee saith, it is usuall for those that goe from Lisborne or other<br />
place in Portugall upon the Brazeele voiage interrate to enter security<br />
with sureties to returne to Lisborne or some other port of Portugall<br />
there to pay such Customs as are due to the King, and further hee<br />
saith hee knoweth not, nor can further depose./
To the 7th hee saith, hee knoweth nothing thereof, but beleeveth that the<br />
hazards of health or life or fighting with the dutch in the voiage to<br />
Brazeel, and in those to other parts of the West Indies are much<br />
alike./
To the 8th negatively, having for his owne particular accompt never had<br />
any transaction of the nature interrate./
To the nyneth hee saith hee referreth himselfe to his precedent answerreferreth himselfe to his precedent answer +
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