402 JOURNAL, R.A.S. (CEYLON). [VOL. XVII. 



so that, he having retained nothing, the present plaintiff 

 could not claim anything from him ; but on the contrary he, 

 defendant, had a claim on the plaintiff, seeing that, previous 

 to handing him the money, the plaintiff had agreed to the 

 condition that all the loss which might ensue from the trans- 

 action should be borne equally by both of them ; and he, 

 defendant, having had three months' pay confiscated, 

 contended that one half of this fine should be made good to 

 him by the plaintiff ; 



furthermore by reply and rejoinder both parties having per- 

 sisted in their allegations ; 



besides the plaintiff having adduced that he could prove by 

 sufficient well-attested evidence (which he also did) that 

 the defendant had said that if the plaintiff were in want of 

 from 100 to 200 reals 



MS.fol. 43. 



he was ready to hand them over to him, or make some 

 other convenient agreement ; furthermore that the defendant 

 had at least 20 or 22 corgies 1 of tapesarassa's lying on board 

 his yacht ; 



The plaintiff accordingly concluding that half of these 

 ought by sentence of this court to be adjudicated to him ; 

 the more so, as on the conclusion of their agreement it had 

 been distinctly understood between them that the defendant 

 was first to lay out his own money and then the plaintiff's ; 

 and the defendant having denied this, saying that he had 

 only seven or eight corgies, which he had bought for his own 

 money, and to which the plaintiff had no right, 

 therefore, the Lord President and the Council, consider- 

 ing that the tapesarassa's afore-mentioned are contraband 

 goods which no servant of the Company is entitled to buy or 

 import for his own account, and which consequently should 

 be confiscated in behalf of the Company, 



1 Same as corge, eoorge. a mercantile term for a score. The word is in use 

 among the trading Arabs and others, as well as in India. (See Hobson- 

 Jobson, Yule's Glossary of Anglo-Indian Colloquial Words and Phrases.) 



