Sur-rejoinder the goods in tion, for commiffion to be therefore paid to the faid T. S. and the said And the faid T. G. as to the faid rejoinder of the faid T. S. to the to the rejoin- faid replication of him the faid T. G. to the faid plea of him the der to the replication to faid T. S. laftly above pleaded in bar, with refpect to part of the faid the third plea, coral beads in the faid declaration mentioned, that is to fay, as to parcel of 1800 pounds weight of the faid coral beads, parcel of the faid the declara- goods and merchandizes in the faid declaration mentioned, faith, that he, by reafon of any thing therein contained, ought not to be barred from having or maintaining his aforefaid action in that refpect, against the faid T. S. because protesting, that that rejoinder, and the matters therein contained, are wholy 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. nevertheless, for a fur-rejoinder in this behalf, the faid T. G. faith, that all concern of the faid T. S. as to, of and in the care, truft or management of the faid part of the faid coral beads, or the produce thereof, or the returns thereof to be made in diamonds to the faid T. G. did not drop, cease, nor was at an end, in manner and form as the faid T..S, hath in that rejoinder above alledged; and this the faid T. G. prays may be inquired of by the country; and the faid T. S. doth the fame likewife. to the refidue And the faid T. G. as to the faid rejoinder of the faid T. S. to The like fur the faid replication of him the faid T. G. to the faid plea of the rejoinder as faid T. S. laftly above pleaded in bar, with refpect to the refidue of the goods of the faid goods and merchandizes in the faid declaration men- in the declutioned, faith, that he, by reafon of any thing therein contained, ration. ought not to be barred from having or maintaining his aforefaid action in that refpect against the said T. S. because protesting, that that rejoinder, 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 thereof against the said T. S. nevertheless, for a fur-rejoinder in this behalf, the faid T.G. faith, that all concerns of the faid T. S. as to, of and in the care, truft or management of the faid goods and merchandizes, or the produce thereof, or the returns thereof to be made in diamonds to the faid T. G. did not drop, ceafe, nor was at an end, in manner and form as the faid T. S. hath in that rejoinder above alledged; and this the faid T. G. alfo prays may be inquired of by the country; and the faid T. S. doth the fame likewise : therefore, as well to try this iffue as the faid feveral other issues above joined between the parties, the fheriffs are commanded that they caufe to come here, in three weeks of the Holy Trinity, twelve, &c. by whom, &c. who neither, &c. to recognize, &c. because as well, &c. the fame day is given to the faid parties, here, &c. IV. Davy. Nifi prius, Geo. 3: Afterwards the proceedings were continued between the parties aforefaid, in the plea aforefaid, by the faid jury thereof being refpited between them until the morrow of All Souls, unless Sir John Eardley Wilmot Knight, his Majefty's chief juftice of the bench here, affigned by the form of the ftatute, &c. on the 24th day of June next enfuing, fhould first come at Guildhall, London. And now at this day, (to wit) on the morrow of All Souls, comes as well the faid T. G. as the faid T. S. by their attornies, aforefaid; and the aforefaid chief juftice, before whom, &c. has fent here his record had before him, in these words; afterwards, The pea. that is to fay, on the day, in the year and at the place within mentioned, comes as well the within named T. G. as the within named T. S. by their attornies within named, before Sir John Eardley Wilmot Knight, the chief juftice within named, and certain of the jurors, of the jury whereof mention is within made, fummoned to be upon that jury, that is to fay, Hugh Atkins, William Neat, William Hanfon, Silvanus Grové, John Wilcox, G4 John cond iffue, John Vernon, John Walter, John Whitmore, and Thomas Ellis, being required come, and on that jury are fworn; and because the rest of the jurors of the fame jury do not appear, therefore three other perfons of the by-ftanders, being by the fheriffs within written hereunto elected, at the request of the faid T. G. and by the command of the faid chief juftice, are now newly fet down, whose names are affiled in the within written pannel, ac cording to the form of the ftatute, &c. which faid jurors fo newly fet down, (that is to fay) Jeremiah Percy, Stainfbury Stib ley and John Town, being alfo required, come likewife, and to gether with the faid other jurors before impannelled, are tried and Verdict as to fworn to speak the truth of the matters within contained; who the first iffue; upon their oaths fay, that as to the firft iffue within joined, the faid Thomas Saunders and the within named Solomon Salomon's were the bailiffs of him the faid Thomas Godfrey, and had the care and administration of the goods and merchandizes of him the faid T. G. in the within declaration mentioned, to be mer. chandized and made profit of for him the faid T. G. and to render account when they should be thereto required, as he the as to the fe- faid T. G. hath in pleading within alledged. And as to the fe cond iffue within joined, the faid jurors on their faid oath further fay, that the account demanded by the action within brought and profecuted by the faid T. G. against the faid T. S. concerneth the trade of merchandize between him the faid T. G. as a mer chant, and the faid T. S. as a factor of him the faid T. G. as he as to the third the faid T. G. hath alfo in pleading within alledged. And as to the third iffue within joined, the faid jurors on their oath further fay, that all concern of the faid T. S. as to, of and in the care, truft or management of the part of the within coral beads, or the produce thereof, or the returns thereof to be made in dia. monds to the faid T. G. did not drop, ceafe nor was at an end, as he the faid T. G. hath alfo in pleading within alledged. And as to the laft iffue within joined, the faid jurors on their faid oath further fay, that all concern of the faid T. S. as to, of and in the care, truft or management of the faid goods and merchan dizes, or the produce thereof, or the returns thereof to be made in diamonds to the faid T. G. did not drop, ceafe nor was at an end, as he the faid T. G. hath alfo in pleading within alledged. Therefore it is confidered, that the faid Thomas Saunders account que compute, with the faid Thomas Godfrey of the time aforefaid in which he figned Nov. and the faid Solomon Salomons were the bailiffs of him the faid Thomas Godfrey, and had the care and adminiftration of the aforefaid goods and merchandizes, &c. to be merchandized and made profit of for the faid Thomas Godfrey; and the faid Thomas Saunders in mercy, because he hath not before accounted, &c. iffue. as to the fourth and laft iffue. Judgment 18, 1768. Mich. 9. Geo. 3. Mercy. Afterwards, Afterwards, (to wit) on Monday the fixth day of February, in the term of Saint Hilary, in the ninth year of the reign of our lord the now King, comes here into court as well the faid T. G. by his attorney aforefaid, as the faid T. S. in his proper perfon; and thereupon the faid T. S. freely offers himself to account with the faid T. G. for the goods and merchandizes aforefaid: whereupon by the confent of the faid T. G. and T. S. William Hil. Term Mainwaring Efq. Lewis Jones Efq., and Anthony Dickens Efq. Feb. 6. anno 9 Geo. 3. prothonotaries of the faid court here, are by the faid court here Auditors" affigned auditors to take and declare the faid account between the affigned. faid T. G. and T. S. And hereupon the faid W. M. L. J. and after term A. D. the auditors aforefaid, not having afligned any day to' April 18, anno 9 Geo. take the account between the faid T. G. and T. S. the faid court 3. other audiherc, on this day, (to wit) on Tuefday the 18th day of April, in the term of Eafter, in the 9th year of the reign of our faid lord the now King, by and with the confent of the faid T. G. and T. S. aflign the faid W. M. and A. D. and alfo John Floyer Efq. the prothonotaries of the faid court here, auditors to take and declare the faid account between the faid T. G. and the faid T. S. which faid auditors, (to wit) W. M. A. D. and J. F. who affign a affign Friday the ninth day of June, in the ninth year of the day to take reign of our faid lord the now King, to take the faid account between the faid T. G. and the faid T. S. in the Serjeant's Room, near the court of Common Pleas in Westminster-hall: at which day comes here the faid T. G. by his attorney aforefaid, and the tors afligned; the account. faid T. S. cometh not. And thereupon the auditors aforefaid Another day affign Saturday the tenth day of June, in the ninth year afore, affigned. faid, to take the faid account between the faid T. G. and T. S. at the Serjeant's Room, near the court of Common Pleas in Weftminster-hall; at which day cometh the faid T. G. by his attorney aforefaid, and the faid T. S. cometh not. And Another day thereupon the auditors aforefaid affign Monday the 12th day aligned. of June, in the ninth year aforefaid, to take the faid account between the faid T. G. and T. S. at the Serjeant's Room, near the court of Common Pleas in Westminster-hall; at which day cometh as well the faid T. G. by his attorney aforefaid, as the faid T. S. in his proper perfon; and the faid auditors affigned by the faid court of our faid lord the King of the bench before his juftices aforefaid, to take the account aforefaid, (to wit) W. M. Efq. A. D. Efq. and J. F. Efq. being the prothonotaries of the faid court, likewife then and there come. And thereupon the faid T. S. as to the faid goods The defenand merchandizes whereof by the faid court of our faid lord the dant's plea King, of the bench before his juftices aforefaid, he is adjudged tors. Trin. to render account to the faid T. G. for the time in which he the 9 Geo. 3. faid T. S. and S. S. were the bailiffs of him the faid T. G. and had the care of the faid goods, and merchandizes to be merchan before audi dized and made profit of for the faid T. G. prays allowance of all the profit and produce thereof, and fays that he ought to be difcharged thereof; becaufe, he fays, that long before, and du ring part of the faid time in which the faid T. S. and S. S. are alledged to have been bailiffs as aforefaid, (to wit) from the first day of June in the year of our Lord 1754, until the 14th day of January in the year of our Lord 1755, he the faid T. S. was governor of Fort Saint George, in the East Indies; that is to say, the prefident or chief fervant there, to the United Company of Merchants of England trading to the East Indies, by them appointed and stationed there for the protection and fecurity of the trade of the faid company there, and of there rights and privileges refpecting the fame; and that the faid S. S. in his life-time, and during all the faid time above specified, and long before and after that time, was a merchant and factor there, and a correfpondent of the faid T. G. and a perfon remarkably well fkilled in the buying and felling coral and coral beads, and in the knowledge and purchafing of diamonds, and well known to the said T. G. fo to be, (to wit) at London, in the parish of Saint Mary le Bow, in the ward of Cheap; and the faid T. S. further fays, that according to the ufage and cuftom of the trade of the United Company of Merchants of England trading to the Eaft Indies, and by the rules and orders of the faid company, (which before, and at the time of the exportation of the faid goods and merchandizes were, and from thenceforth hitherto have been and ftill are in force and obferved by the faid company there, and those who trade under their leave and permiflion) every perfon exporting coral or coral beads from England to Fort Saint George aforefaid, ought and is obliged to make the returns for the fame in diamonds, and in order more effectually to enforce fuch returns, to confign the faid coral and coral beads to the faid governor or prefident of Fort Saint George aforefaid for the time being, and to any other perfon or perfons fuch exporter fhall think fit to entrust or employ, on his own behalf; and that the faid T. G. well knowing the premifes, and being poffeffed of the faid goods and merchandizes, (to wit) twelve chefts of coral beads, of the weight of 2311 pounds, 10 ounces, 13 penny-weights and 18 grains, and being defirous to export the fame from England to Fort Saint George aforefaid, according to the ufage and cuftom of the trade of the faid company, and in obedience to the faid rules and orders of the faid company refpecting the fame, he the faid T. G. before the faid first day of June, (to wit) on the first of January in the faid year of our Lord 1754, by and with the leave of the faid company, for this purpofe firft had and obtained in confequenceof a petition made to them, according to the ufage and custom of the faid company in this behalf, by the faid T. G. at London aforefaid, |