Rejoinder to the replication to third plea, as to

parcel of the goods in the

declaration.

faid T. G. doth the like.
faid plea of the faid T. G. by him above pleaded by way of re-
ply 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 de-
claration mentioned, fays, that the faid T. G. ought not, by rea-
fon of any thing in that replication above alledged by him, to
have his faid action maintained against him the faid T. S. because
protesting that that replication is infufficient in law, and no an-
fwer to the aforefaid plea of the faid T. S. by him laftly 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 Com-
pany 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 perfon, as a
factor, either folely, or jointly with other factors, in felling of
corol and coral beads, and in purchafing of diamonds for com-
miflion or reward; protefting 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 mer-
chandizes 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 commiflion pay-
able and to become payable to them as joint factors, in respect of
the faid confignment; and that the manner, trouble and manage-
ment of the faid confignment, was left and intrusted by the faid
T. S. to the faid S. S. as aforefaid, in pursuance of the intent and
meaning of the faid T. G. and of his confignment aforefaid, and

And the faid T. S. as to the afore

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, neverthelefs, in this behalf, the faid T. S. fays, that upon the faid delivery over of the faid goods and merchandizes 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 Eaft 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 parith 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 respect to the third plea, as refidue of the faid goods and merchandizes in the faid declaration, to fays that the faid T. G. ought not, by reafon of any thing in that replication above alledged, to have or maintain his aforefaid ac- ration. tion against the faid Thomas Saunders, becaufe protefting, 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,

G 3

for

tion to the

the refida: of the goods

in the decla

der to the re

tion

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 that the manner, trouble and management of the faid confignment, was left and intrufted by the faid T. S. to the faid S. S. in purfuance of 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 not by agreement between the faid T. S. and S. S. as joint factors, as the faid T. G. hath in and by his replication in that behalf above fuppofed and alledged; for rejoinder neverthelefs in this behalf, he the faid T. S. fays, that upon the faid delivery over of all the faid goods and merchandizes in the faid declaration mentioned, and of the produce of the faid part thereof fo fold as aforefaid 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 faid fale and produce as aforefaid; and upon his the faid T. S. leaving the Eaft Indies, and ceafing to be governor as aforefaid, and being fucceeded in his 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, or the produce thereof, or the returns to be made thereof in diamonds to the faid T. G. intirely 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 thereof against him, &c.

G. Nares.

Sur-rejoinder 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 plication 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 10 parcel of 1800 pounds weight of the faid coral beads, parcel of the faid the goods in 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. becaufe protefting, 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 againft 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, 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. 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 declationed, 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 faid T. S. because protefting, 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 faid T. S. neverthelefs, 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 faine likewife: therefore, as well to try this iffue as the faid feveral other iffues above joined between the parties, the fheriffs are commanded that they cause 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.

W. Davy.

Afterwards the proceedings were continued between the par- Nifi prius, ties aforefaid, in the plea aforefaid, by the faid jury thereof being Mich. 9 refpited between them until the morrow of All Souls, unlefs Sir Geo. 3. 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 firft 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 thefe words; afterwards, The poftea. 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 Grove, John Wilcox,

G 4

John

the firit iffus;

cond iffue,

John Vernon, John Walter, John Whitmore, and Thomas Ellis, being required come, and on that jury are fworn; and becaufe 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 requeft of the faid T. G. and by the command of the faid chief juftice, are now newly fet down, whofe names are affiled in the within written pannel, according to the form of the ftatute, &c. which faid jurors fo newly fet down, (that is to fay) Jeremiah Percy, Stainfbury Stibley and John Town, being alfo required, come likewife, and together with the faid other jurors before impannelled, are tried and Verdict as to worn to speak the truth of the matters within contained; who upon their oaths fay, that as to the first iffue within joined, the faid Thomas Saunders and the within named Solomon Salomons were the bailiffs of him the faid Thomas Godfrey, and had the care and adminiftration of the goods and merchandizes of him the faid T. G. in the within declaration mentioned, to be merchandized 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 fecond 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 merchant, 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 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. And as to the last 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 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, as he the faid T. G. hath alfo in pleading within alledged. Judgment Therefore it is confidered, that the faid Thomas Saunders account quad computet, 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 18, 1768. 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.

Mich. 9.

Geo. 3.

Mercy.

Afterwards,