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upon being brought before me for his hearing the foregoing defense is made by the Boy through Mr Herren. The Man Levin [[ink smudge; is]] willing to fulfil his Contract with Doct Jines, but his gratitude prompts him to work for Mr Herren, who is, like Doct Jines, a Gentleman kind and humane. Doct Jines thought the Charity of the Community would take care of Levin in his illness and hence, hearing he was treated by Dr Bledsoe, concluded to wait until he got well, as he of course did not want to move him to his plantation with Small Pox.

Decision. As Doct Jines claims the Man under contract with him from 15th January, learns he was sick with Small Pox, makes no arrangement to have him & family cared for, but wants for him to get well, he (Dr J) has forfeited his claim upon the Boy, by failing to comply with Paragraph II Order No 12 to furnish Clothing Food & Medical Attention to Laborers under Contract, and although he offers now to pay the Dr bill 40.00 [[interlinear: error in amount—as shown in note]] and Mr Herren's acc't for provisions &c furnished himself & family when not one was at work — but all sick — 15.00 — in all 55.00, yet this offer of security should have been made when he (Dr J) first learned Levin was sick, and not after his recovery.

Equity and Humanity in this case over-rule and supersede Law, and the "binding force" of