the faid company in this behalf, by the faid T. G. at London afore. faid, in the parish and ward aforefaid, fhipped the faid goods in the faid declaration mentioned, on board divers fhips or veffels employed by the faid company in their trade aforefaid, to be exported and carried therein from England to Fort Saint George aforefaid, in the Eaft Indies, and directed and configned the fame goods to the governor of Fort Saint George, and to the faid S. S. in his abfence, to the governor and one John Walsh; abfent the faid John Walsh, to the governor and one Henry Vanfittart; to be by them received and difpofed of to the most advantage of the faid T. G. at Fort Saint George aforefaid, for ready money as the faid T. G. hoped; but if any respite or credit was neceffary, that it fhould be given only to folid buyers, where no rifque was run; and when the fame were difpofed of, to fend the account of the fales to him the faid T. G. and to make him returns in diamonds moft proper for the market at London; which faid goods and merchandizes fo fhipped and exported by the faid T. G. as aforefaid, afterwards, (to wit) on the first day of September, in the faid year of our Lord 1754, at Fort Saint George aforefaid, were received by the faid S. S. in his life-time, and by the faid T. S. as the then governor as aforefaid, whilft he fo remained and continued governor of Fort Saint George aforefaid, and were then and there delivered over to the custody, care and management of the faid S. S. by the faid T. S. the then governor as aforefaid, to be fold and difpofed of by the faid S. S. according to his fkill aforefaid, and the truft repofed in him by the faid T. G. for the moft advantage of the faid T. G. (to wit) at London aforefaid, in the parifh and ward aforefaid; and the faid T. S. further fays, that the greater part of the faid goods and merchandizes aforefaid, and whilft the faid T. S. fo remained governor as aforefaid, (to wit) on the 31ft day of October, in the year of our Lord 1754, were fold and difpofed of by the faid S. S. at divers places in the Eaft Indies, to the moft advantage of the faid T. G. to folid buyers; and that the money or produce arifing from the said fales, was paid to the faid S. S. and by him wholly received, to be laid out and invested by him in diamonds at the proper markets for that purpose in the Eaft Indies, which faid markets lie at a great diftance up the country from Fort Saint George aforefaid, according to the beft of his faid fkill therein, and for the most benefit of the faid T. G. and all the refidue and remainder of the faid goods and merchandizes fo fhipped by the faid T. G. and configned as aforefaid, afterwards, (to wit) on the 13th day of January, in the year of our Lord 1755, was alfo fold and difpofed by the faid S. S. for the most benefit of the faid T. G. to folid buyers, and a reasonable and neceffary refpite or credit (to wit) the space of three months, was given to fuch buyers for the payment to be by them refpectively made for the fame to the

faid S.S. that is to fay, at London aforefaid, in the parish and ward aforefaid: and the faid T. S. in fact fays, that he the faid T. S. did not interfere or intermeddle with the faid S. S. in the conduct or management of the faid fales, but left the fame entirely to the fkill and judgment of the faid S. S. to whom the faid management ought and was intended to be so left by the aforefaid confignment of the faid T. G. and that he the faid T. S. never received any part what foever of the monies or produce arifing or to arife from the faid fales, or of any of them; and that he the faid T. S. left the conduct and management of the investment of all the faid money and produce in diamonds to the faid S. S. purfuant to the intent and meaning of the faid T. G. and of his confignment aforefaid, and according to the truft by him for that purpose repofed in the faid S. S. and that he the faid T. S. never received, nor was intitled to receive, any part of the profit or commiffion which the faid S. S. received or was intitled to receive, upon the investment of the faid money and produce in diamonds, according to the ufage and cuftom of the faid trade at Fort Saint George aforefaid, and in the Eaft Indies, (to wit) at London aforefaid, in the parish and ward aforefaid; and the faid T.S. further fays, that the faid S. S. in his life-time, and the faid T. S. whilft he fo remained and continued governor as aforesaid, (to wit) on the 14th day of January, in the faid year of our Lord 1755, rendered, fent and tranfmitted, from Fort Saint George aforefaid, to the faid T. G. a true, full and just account of all the said sales of the faid goods and merchandizes, and of the whole produce then arifen and to arife from fuch fales; and that afterwards, on account of the bad state of health of him the faid T. S. and in pursuance of a refolution on that account taken long before, and whereof the faid T. G. before the time of the making of the faid confignment of the faid feveral goods and merchandizes in the faid declaration mentioned, or of any of them, had notice, he the faid T. S. (to wit) on the faid 14th day of January, in the faid year of our Lord 1755, refigned and totally quitted the faid government of Fort Saint George. aforefaid, and ceafed to be governor thereof, and was then and there fucceeded in his government aforefaid, by one George Pigott, Efq. who was then and there appointed and became governor of Fort Saint George aforefaid, in the room of the faid T. S. and the faid T. S. at the time he fo ceased to be governor as aforefaid, then and there, (to wit) at Fort Saint George aforefaid, left in the hands of the faid S. S. the whole money and produce then `arifen and by him received, and all the fecurities for the future money and produce to arife and to be received, from the faid fales and each of them, for him the faid S. S. to make returns thereof to the faid T. G. in diamonds, according to the aforefaid fkill of the faid S. S. therein, and according to the truft re

pofed

pofed in him by the faid T. G. in that behalf as aforefaid; and the faid S. S. then and there had and kept the fame money, produce and fecurities in his hands as aforefaid, and undertook the care, adminiftration and management thereof, for the purpose aforefaid; and the faid T. S. further fays, that he the faid T. S. afterwards, (to wit) on the faid 14th day of January, in the faid year of our Lord 1755, failed and departed from, and left Fort Saint George aforefaid, and returned to England; and that whilst he remained and continued governor as aforefaid, of Fort Saint George aforefaid, he never interfered or intermeddled, or was required to interfere or intermeddle, by the faid T. G. or by the faid S. S. or any other perfon, in or about the fales or produce of the faid goods and merchandizes, or in or about the returns to be made thereof by the faid S. S. to the faid T. G. as aforefaid, further or in any other manner than as an official and temporary confignee or factor, as fuch governor as aforefaid, and as the duty of his office or ftation as fuch governor required; and that he the faid T. S. never after the day and year laft mentioned, when he failed from Fort Saint George as aforefaid, nor at any time after he fo ceased to be governor as aforefaid, at all interfered or intermeddled, in any manner what foever, with the faid fales or produce of the faid goods and merchandizes, or any part thereof, or with the faid returns to be made thereof by the faid S. S. to the faid T. G. and that at the time he the faid T. S. fo failed from Fort Saint George as aforefaid, the faid S. S. was then and there in the first and principal repute and eftimation as a factor, in fuch way as aforefaid, both with refpect to the fortune and circumftances of the faid S. S. and to his fkill, care and integrity; and the faid T. S. further fays, that he the faid T. S. afterwards, (to wit) on the 25th day of June, in the year of our Lord 1755, arrived in England; and that the said T. G. afterwards, and after the faid T. G. had received the faid account fo transmitted to him by the faid S. S. and the faid T. S. whilft he remained governor of Fort Saint George as aforefaid, and after the faid T. G. had notice of, and well knew all the premises aforefaid, (to wit) on the 30th day of June aforefaid, in the year laft aforefaid, and on divers other days and times between that day and the firft day of September in that year, had divers interviews with the faid T.'S. and divers converfations with him concerning the premises; at which faid interviews and converfations, or at any other time before the faid first day of September, and before the news arrived in England of the failure of the faid S. S. in his circumstances, he the faid T. G. never, in any manner, intimated a difapproba tion of the conduct of the faid T. S. with refpect to the faid confignment, or the leaving the whole management thereof to the faid S. S. as aforefaid, or that he looked upon or confidered the faid T. S. as answerable to the faid T. G. for the conduct of

the

the faid S. S. with refpect to the faid confignment, or for the produce or returns thereof; and that the firit news of the failure of the faid S. S. in his circumftances, arrived in England long after the faid feveral interviews and converfations of the faid T. S. with the faid T. G. (to wit) on the oth day of September in the year laft mentioned, and not before; and that he the faid T. S. before the day last mentioned never heard of, nor had the leaft fufpicion of the faid failure, or likelihood or probability thereof; that is to fay, at London aforefaid, in the parish and ward aforefaid; and this he the faid T. S. is ready to verify: wherefore he prays judgment, if the faid T. G. ought to have or maintain his aforefaid action thereof against him, &c.

G. Nares.

plea.

plea.

And the faid T. G. as to the faid plea of the faid T. S. by Replication him firft above pleaded in bar, faith, that he, by reafon of any to the first thing in that plea alledged, ought not to be barred from having or maintaining his faid action against the faid T. S. because he as before faith, that the faid T. S. and S. S. were bailiffs of him the faid T. G. and had the care and administration of the faid goods and merchandizes of him the faid T. G. in the faid declaration mentioned, to be merchandized and made profit of, for him the faid T. G. and to render account thereof when they fhould be thereto required, in manner and form as the T. G. hath above alledged in that behalf; and this the faid T. G. prays may be enquired of by the country, and the faid T. S. doth the fame likewife. And the faid T. G. as to the faid plea of Replication the faid T. S. by him fecondly above pleaded in bar, faith, that to fecond he, by reafon of any thing therein alledged, ought not to be barred from having or maintaining his aforefaid action against him; because protefting, that that plea, and the matter therein contained, are wholly infufficient in law to bar or preclude him the faid T. G. from having or maintaining his aforefaid action against the faid T. S. yet, for replication in this behalf, the faid T. G. faith, that he the faid T. G. during the time in the faid declaration mentioned, and before, was, and yet is a merchant, that is to fay, at London aforefaid, in the parith and ward aforefaid; and that the faid T. S. and S. S. during the time in the faid declaration mentioned, were the factors of him the faid T.G. and during that time, as fuch factors of him the said T. G. had the care and administration of the faid goods and merchandizes in the faid declaration mentioned, to be merchandized and made profit of for the faid T. G. and to render a reasonable account of the fame to the faid T. G. when they the faid T. S. and S. S. fhould be thereto required; and that the account demanded by the faid action now brought, and profecuted by the faid T. G. against the faid T. S. concerneth the trade of mer

chandize

Replication

to the third plea as to

goods.

chandize between him the faid T. G. as a merchant, and the faid T. S. and S. S. in his life-time, as factors of him the faid T. G. that is to fay, at London aforefaid, in the parifh and ward aforefaid; and the faid T. G. further faith, that no account or accounts whatsoever of the faid goods and merchandizes in the faid declaration mentioned, or any part thereof, or of the profits thereof, or any part thereof, was or were ever adjusted or settled between him the faid T. G. and the faid T. S. and S. S. or either of them, in the life-time of him the faid S. S. or between him the faid T. G. and the faid T. S. fince the deceafe of the faid S. S. and this the faid T.G. is ready to verify; wherefore he prays judgment, and that the faid T. S. to account with him the faid T. G. of the time in which he and the faid S. S. were the bailiffs of him the faid T. G. and had the care and adminiftration of the faid goods and merchandizes, to be merchandized and made profit of, for the faid T. G. may be adjudged, &c. And the faid T. G. as to the faid plea of the faid T. S. by him lafly above pleaded, with parcel of the refpect to part of the faid coral beads in the faid declaration mentioned, that is to fay, 1800 pounds weight of the faid coral beads, parcel of the faid goods and merchandizes in the faid declaration mentioned, faith that by reafon of any thing by the faid T. S. above in that plea alledged, he the faid T. G. ought not to be barred from having or maintaining his aforefaid action thereof against him; because protesting, that that plea, and the matters therein contained, are wholly infufficient in law to bar or preclude him the faid T. G. from having or maintaining his aforefaid action thereof against the faid T. S. yet, for replication in this behalf, the faid T. G. faith, that the faid T. S. before he became governor of Fort Saint George in the East Indies aforefaid, and during all the time he was and continued governor thereof, was a factor there, and well fkilled in the buying and felling of coral and coral beads, and in the knowledge and purchafing of diamonds, and well known to the faid T. G. fo to be, and had been, as well before as after he became governor of Fort Saint George aforefaid, employed by the faid T. G. and fundry other perfons as a factor, as well folely as jointly with other factors there, in felling of coral and coral beads, and in the purchafing of diamonds for commiffion or reward, (to wit) at London aforefaid, in the parish and ward aforefaid; and that by the ufage and cuftom of trade and factorage at Fort Saint George aforefaid, during all the time the faid T. S. was governor there, and long before he became governor thereof, upon all confignments made to the faid governor as a fole factor, or joint factor with any other factor or factors, to be in vested in diamonds there, fuch governor hath received and been intitled unto commiffion as a factor, over and befides a certain fum, due and payable to him as governor there, commonly called

and