and diftinguifhed by the name of confulage; and the faid T. G. further faith, that on the faid first day of January, in the year of our Lord 1754, at London 'aforefaid, in the parish and ward aforefaid, he did fhip the said 1800 pounds weight of coral beads, parcel of the faid goods and merchandizes in the faid declaration mentioned, to be exported and carried to Fort Saint George aforefaid, and directed and configned the fame 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 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 refpite or credit was neceffary, that it fhould be given only to folid buyers where no rifque was run; and when the fame were dif pofed of, to fend the account of the fales to him the said T. G. and to make him return in diamonds moft proper for the market of London; which faid confignment was made by the faid T. G. to the faid T. S. governor of Fort Saint George, and to the faid S. S. as aforefaid, as joint factors of him the faid T. G. and upon their joint credit to be by them received and difpofed of as joint factors in manner aforefaid; and the faid goods and merchandizes (to wit) on the first day of June, in the year of our Lord 1754, were received and accepted at Fort Saint George aforefaid by the faid T. S. then being governor thereof, and the faid S. S. as joint factors, to be fold and difpofed of as aforefaid by them as joint factors, for commiffion to be therefore paid to the faid T. S. and S. S. as joint factors, by the faid T. G. and the faid coral beads were afterwards, and whilft the faid T. S. was and continued at Fort Saint George aforefaid, fold by the faid T. S. and S. S. as joint factors of him the faid T. G. upon credit, (to wit) three months, which expired before the faid T. S. left Fort Saint George, and the produce thereof might, and was or ought to have been invefted in diamonds, before the faid T. S. left Fort Saint George as aforefaid; and the faid T. S. accepted and received in account with the faid S. 8. and as cofactor with him a part, (to wit) one moiety of the commiffion, then payable to them as joint factors, in refpect of the faid confignment; and the faid T. G. avers, that the manner, trouble and management of the faid confignment, after the fame was fo received by the faid T. S. and S. S. as aforefaid, was left and intrufted by the faid T. S. to the faid S. S. by agreement between them as joint factors as aforefaid, without the direction, confent, privity or knowledge of him the faid T. G. 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 of the faid coral beads, parcel of the faid goods and merchandizes, in Vol. III.

the

the faid declaration mentioned, 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 laftly above pleaded, with refpect to the refidue of the faid goods and merchandizes in the faid declaration mentioned faith, that by reason 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; becaufe 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 said T. S. yet for replication in this behalf the faid T. S. 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 skilled 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, to be therefore paid to him, (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 invefted 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 diftinguished by the name of confulage; and the faid T. G. further faith, that on the faid first day of January, in the year of our Lord 1754, at London aforefaid, in the parish and ward aforefaid, he did fhip the said residue of the faid goods and merchandizes in the faid declaration mentioned, to be exported and carried to Fort Saint George aforefaid, and directed and configned the fame 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 moft advantage of the faid T. G. at Fort Saint George aforefaid, for ready money, as the faid T. G. hoped; but if any refpite 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

1

faid T. G. and to make him returns in diamonds moft proper for the market of London; which faid confignment was made to the faid T. S. governor of Fort Saint George, and to the faid S. S. as aforefaid, as joint factors of him the faid T. G. and upon their joint credit to be by them received and difpofed of as joint factors in manner aforefaid; and the faid goods and merchandizes afore said, (to wit) on the first day of June, in the year of our Lord 1754, were received and accepted at Fort Saint George aforefaid, by the faid T. S. then being governor thereof, and the faid S. S. as joint factors. to be fold and difpofed of as aforefaid, by them as joint factors for commiffion, to be therefore paid to the faid T. S. and the faid S. S. as joint factors by the faid T. G. and the faid T. G. avers, that the manner, trouble and management of the faid confignment, after the fame was fo received by the faid T. S. and S. S. as aforefaid, was left and entrusted by the faid T. S. to the faid S. S. by agreement between them as joint factors as aforefaid, without the direction, confent, privity or knowledge of him the faid T. G. and this the faid T. G. is ready to verify; wherefore he prays judgment, and that the faid T.Ś. 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 said T. G. and had the care of the said refidue of the faid goods and merchandizes in the faid declaration mentioned, to be merchandized and made profit of, for the faid T. G. may be adjudged, &c.

W. Davy.

the replica

fecond pleas

And the faid T. S. as to the aforefaid plea of the faid T. G. Rejoinder to by him above pleaded, by way of reply to the faid fecond plea tion to the of the faid T. S. above fpecified, fays, that the faid T. G. ought not, by reason of any thing in his faid replication above alledged, to have his faid action maintained against him the faid T. S. because protesting, that the faid T. S. was not, during the time in the faid declaration mentioned, the factor of the faid T. G. nor during that time as fuch factor 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 he fhould be thereto required, as the faid T. G. hath in his replication aforefaid above fuppofed: for rejoinder in this behalf, he the faid T. S. fays, that the account demanded by the said action now brought and profecuted by the faid T. G. against the faid T. S. doth not concern the trade of merchandize between him the faid T. G. as a merchant, and the faid T. S. as factor of him the faid T. G. in manner and form as the faid T. G. hath above in his faid replication alledged in that behalf; and of this the faid T. S. puts himself upon the country, and the

G2

faid

Rejoinder to the replication to third plea, as to

parcel of the goods in the

declaration.

faid T. G. doth the like. And the faid T. S. as to the aforefaid plea of the faid T. G. by him above pleaded by way of reply to the faid laft plea of the faid T. S. above fpecified, with 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, fays, that the faid T. G. ought not, by reafon of any thing in that replication above alledged by him, to have his faid action maintained against him the said T.S. because protesting that that replication is infufficient in law, and no anfwer to the aforefaid plea of the faid T. S. by him lastly above pleaded, and that he the faid T. S. has no occafion nor is bound by the law of the land to answer to the aforefaid replication of the faid T. G. in manner and form as the fame is above made, &c. protefting alfo, that the faid goods and merchandizes in the faid declaration mentioned, were configned to him merely as governor of Fort Saint George aforefaid, that is to fay, as the aforefaid prefident or chief fervant there, to the United Company of Merchants of England trading to the East Indies, for the protection and fecurity of the trade of the faid company, and of their rights and privileges refpecting the fame; and that he was never, after he became governor of Fort Saint George aforefaid, employed by the faid T. G. or any other person, as a factor, either folely, or jointly with other factors, in felling of corol and coral beads, and in purchafing of diamonds for commiffion or reward; protesting alfo, that the faid confignment in the faid replication mentioned, was not made by the faid T. G. to the faid T. S. and the faid S. S. as joint factors of the faid T. G. and upon their joint credit, to be by them received and difpofed of as joint factors; and that the faid goods and merchandizes were not received and accepted by the faid T. S. and the faid S. S. as joint factors, to be fold and difpofed of by them as joint factors, for commiffion to be therefore paid to them as joint factors, by the faid T. G. and that the faid coral beads were not fold by the faid T. S. and S. S. as joint factors of the faid T. G. and that the produce thereof was not nor could have been invested in diamonds, before the faid T. S. left Fort Saint George as aforefaid; protefting alfo, that the faid T. S. did not accept and receive in account with the faid S. S. as a co-factor with him, a part of, (to wit) one moiety of the commiffion payable and to become payable to them as joint factors, in respect of the faid confignment; and that the manner, trouble and management of the faid confignment, was left and intrufted by the faid T. S. to the faid S. S. as aforefaid, in purfuance of the intent and meaning of the faid T. G. and of his confignment aforefaid, and according

according to the truft by him for that purpose repofed in the faid S. S. and not by agreement between the faid T. S. and the faid S. S. as joint factors, as the faid T. G. hath, in and by his replication aforefaid in that behalf, above fuppofed and alledged. For rejoinder, nevertheless, in this behalf, the faid T. S. fays, that upon the faid delivery over of the faid goods and merchan. dizes in the faid replication mentioned, (to wit) the faid 1800 pounds weight of the faid coral beads, and the produce thereof, to the faid S. S. to make returns thereof to the faid T. G. in diamonds, according to the truft repofed by him in the faid S. S. and upon rendering the aforefaid account to the faid T. G. of the laft-mentioned goods and merchandizes as aforefaid; and upon his the faid T. S. leaving the East Indies, and ceafing to be governor as aforefaid, and being fucceeded in the faid government by the faid George Pigott as aforefaid, all concern whatsoever of the faid T. S. as to, of and in the care, truft or management of the faid goods and merchandizes laft-mentioned, or the produce thereof, or the returns thereof to be made in diamonds to the faid T. G. entirely dropped, ceafed and was at an end, that is to fay, at London aforefaid, in the parish and ward aforefaid; and this the faid T. S. is ready to verify: wherefore, as before, he prays judgment, if the faid T. G. ought to have or maintain his aforefaid action against him. And the faid T. S. as to the afore- Rejoinder to faid plea of the faid T. G. by him above pleaded, by way of the replicareply to the faid laft plea of the faid T. S. with refpe&t to the third plea, as refidue of the faid goods and merchandizes in the faid declaration, to the refidue fays that the faid T. G. ought not, by reafon of any thing in that of the goods replication above alledged, to have or maintain his aforefaid action against the faid Thomas Saunders, because protesting, that that replication, and the matter therein contained, are infufficient in law, and no answer to the faid laft plea of the faid T. S. and that he hath no need nor is bound by the law of the land to anfwer to the fame replication, in manner and form as the fame is above made and fet forth; protefting alfo, that the faid goods and merchandizes in the faid declaration mentioned, were configned to him the faid T. S. merely as governor of Fort Saint George aforefaid; and that he was never, after he became governor of Fort Saint George aforefaid, employed by the faid T. G. or any other perfon, as factor, either folely or jointly with other factors, in felling of coral and coral beads, and in purchafing of diamonds for commiffion therefore paid to him; protesting alfo, that the aforefaid confignment was not made to the faid T. S. and the faid S. S. as joint factors of him the faid T. G. and upon their joint credit, to be by them received and difpofed of as joint factors, and that the fame goods and merchandizes were not received and accepted by the faid T. S. and S. S. as joint factors, to be fold and difpofed of as aforefaid by them, as joint factors,

tion to the

in the decla