1786-07-12 (static/transcriptions/1786/07/077.jpg)

93)

And it is further ordered that the Deposition taken in manner afsd be transmitted under seal of the sd Co: to John Fan Abbot Esq: Ctk of the Rules on the plea side of his Majesty’s Co: of King’s Bench upon the Mo: of Mr. Law.
By the Court
Abbot.

Writ of Mandamus.
India – George the 3rd by the Grace of God of Great Britain France & Ireland King Defender of the faith & so forth. To Sir E Impey Kt Ch: Just: & Sir Robert Chambers Knt John Hyde Esq & Sir Wm Jones Knt Judges of his Majesty’s Sup: Co: of Jud: at Ft. Wm in Bengal in the E. Indies & to every of them Greeting. Whereas Nemochurn Mullick hath lately in our Co: before us at Westminster commenced & prosecuted a certain action at Law agst Wm. Lushington Esq: for the recovery of his damages by him alledged to be sustained on occasion of the nonperformance of certain promises & undertakings heretofore alledged to have been made by the sd Wm to the sd Nemochurn & wch sd Action is yet depending in our said Co: before us at Westm: And Whereas on the part of the sd Nemochurn we have been given to understand & be informed that the cause of the sd Action so commenced prosecuted & depending as assd arose in the Kingdom or Province of Bengal in India within the Jurisd: of your Co: And that the sd Nemochurn is unable [conseniently?] to proceed to the trial of the sd Cause by reason of the difficulty of proving in this Kingdom divers mres & things relating to the sd cause wch have been done & arisen in India within the Jurisdiction of your said Court. And Whereas the said Nemochurn has besought us to award to him our Writ in this behalf to you the Ch: Just: & Judges of the sd Sup: Co: of Jud: to be directed for the examination of Witses resident within the Jurisd: of your sd Court according to the force & effect of the Statute in such case lately made & provided. We therefore being willing that the sd Nemochurn shd have all proper benefit of
the