Writ :
By virtue of a certain judgement pronounced by the Hon. the Court of Justice of this Castle on the 3rd August last to the advantage of Bras de Andrado and the disadvantage of Louis Pieris,
You, Daniel Grel, Court Orderly, in the name of myself, the procurator, undersigned in terms of the charge laid upon me by the aforesaid de Andrado,
are requested to present yourself a second time before the said Pieris and by these presents summon him de novo in the matter of the restitution of the gardens Mahawatta, Katucurundewatta, Parangiawatta and Julianagewatta, to enable de Andrado to deal with them at his will and pleasure as with his own free possessions ; while safeguarding his rights in respect of all the proceeds and profits enjoyed during the time of the unsuccessful litigant's illegal possession, against which rights the unsuccessful party has chosen during a long period to contend; together with the statement of costs, already incurred and any further charges that shall hereafter be incurred through the obstinacy of the defeated litigant
duly effect re-service of summons deliver copy hereof and report, in writing, your experience.
Below appeared Colombo the 8th October 1703
Signed, D. PETERSON,
Actg. Procurator.
Delivered by me as the copy
Done as above
Dl. GREL
Court Orderly.
Summons :
In conformity with the attached judgement delivered on the 3rd August last by the Hon. the Court of Justice of this Castle in favour of Bras de Andrado former Chief of the Lascorin of Kalutara and against Louis Pieris free resident of that place
You the Court Orderly, Daniel Grel as directed in the name of myself, the procurator, undersigned, as empowered thereto by the said winner of the case,
to present yourself before the said defeated litigant and by these presents lawfully serve summons on him that he must, within the space of twice 24 hours withdraw and keep away his hands from the winner's illegally sequestered four gardens, named Mahawatta, Kattukurunduwatta, Parangiawatta and Julianagewatta,
and suffer the winner to deal therewith according to his pleasure without causing him any obstruction therein, without prejudice to his action of warranty in respect of whomsoever he shall think fit ; while in the meantime maintaining in reserve his statements of costs, profits and losses (while the suit is still pending) which he has suffered all this time as the result of the loser's unlawful possession and may yet further suffer ;
Effect due service of summons, deliver copy thereof as well as of the said judgement and report in writing your experience.
Below appeared Colombo the 5th October AD. 1703 and was signed,
D. PETERSON,
Actg. Procurator.
The foregoing summons was duly served by me, the undersigned, server of writs, and the copies thereof delivered,
Dated as above,
Dl. GREL,
Court Orderly.
Declaration :
Before me, Daniel Tiste, Secretary of the Hon. the Court of Justice of this Castle there appeared on this 24th day of October, 1703 in the presence of the witnesses to be named hereafter, Don Louis de Brito Appohamy, Don Manuel, Master carpenter, Louis de Core, Clerk, Francisco Core, Headman, all residents of Kalutara, Louis Silva writer of Payagola, Kichoha Wou, Moor writer of Maggona, Pedro Fernando, Headman of Beruwala, Chewa Cady Lebbe Moor also of Beruwala and Mira Marka Moor resident of Alutgama who, in the interests of truth jointly and unanimously declared, that certainly so far as their memory reaches back, the custom of the country has been that if, at any time a Dessave has caused to be sold any properties of the inhabitants for the liquidation of their debts, people. have always bought all such properties without hesitation or fear and have subsequently remained in possession thereof; and indeed, in support of this, they also declare that they well know and they affirm that, if required, they can prove that Lieut dessaves have caused gardens in their district to be sold to pay off the debts of this or that person and that the purchasers have remained in peaceful possession thereof without disturbance from anybody.
And herewith the deponents concluded their declaration which they jointly testify to contain the Sincere truth and they remain at all times prepared in this regard to furnish additional Confirmation at need and by request.
Thus done and affirmed in the Castle of Colombo on the day, month and year above stated, in the presence of Martinus Leermans, Assistant, and Gerrit Franchjmont, Clerk, as witnesses who have signed the draft hereof, with the deponents, with the interpreters Domingo Dias and Lourens Paulusz and with myself the Secretary.
Attested by,
DANIEL TISTE,
Secretary.
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