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PUBLIC RECORD OFFICE

Reference :--

TPEET mmmmmm C.O.

885/25

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

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amounts respectively set opposite their names in the said schedule and have also executed promissory notes for the said amounts together with interest thereon at the rate of eight per cent (8%) per annum :

.And whereas the borrower has guaranteed to the lenders the repayment of all principal and interest due from her and the several persons whose names are set forth in the schedule hereto: And whereas the lenders have agreed with the borrowers to accept the repayment of the said amounts together with interest thereon at the rate aforesaid in manner and upon the conditions hereinafter appearing :

Now it is hereby agreed as follows that is to say:

1. The borrower will pay or cause to be paid to the lenders each month the sum of rupees twenty thousand (Rs. 20,000) until the whole of the amounts due to the lenders as hereinbefore mentioned together with interest thereon at the rate of eight per cent. (8%) per annum are liquidated.

2. The borrower will deliver each month to the lenders at their stores at Kotahena Colombo aforesaid or such other place or places as the lenders may direct eighty tons of uncured plumbago not below "B" quality out of the pits under her control at a price rupees twenty (Rs.20) per ton below the then current market rate but the lenders shall have the option of refusing to accept the whole or any part of Provided such eighty (80) tons in which case the borrower will pay to the lenders in cash rupees twenty (Rs.20) for every ton so refused acceptance of by the lenders nevertheless that if the borrower and the lenders cannot agree as to the current ruling market rate of plumbago offered to the lenders during any month then the borrower shall be entitled to sell the same in open market and pay to the lenders rupees twenty (Rs.20) per ton on each ton so sold.

3. In the event of the borrower during any month short delivering the said eighty (80) tons of plumbago she shall pay to the lenders a sum of rupees twenty (Rs.20) in cash for each ton so short delivered.

4. Should the lenders require a delivery of more than eighty tons (80) of uncured plumbago each month the borrower shall deliver such extra number of tons over and above the said eighty (80) tons as may be required by the lenders at a price rupees twenty (Rs.20) under the then current market rate.

5. The borrower will give all information to the lenders if required so to do as to the disposal of all plumbago obtained by the borrower out of all pits over which she has control in excess of the amount sold to the lenders as aforesaid.

6. The lenders shall be at liberty to retain the sum of rupees twenty thousand (Rs.20,000) each month from the price of the plumbago bought by them from the borrower during such month until the whole of the amounts due from the borrower and the persons whose names are set out in the schedule hereto together with interest at the rate aforesaid are liquidated. Provided always and it is hereby expressly agreed that the sum of rupees twenty thousand (Rs.20,000) to be deducted each month under this clause shall not be in addition to but in substitution of the rupees twenty thousand (Rs.20,000) agreed to be paid each month by the borrower under clause one hereof Provided also that if the price of plumbago bought by the lenders each month shall not amount to rupees twenty thousand (Rs.20,000) then the borrower agrees to and will pay the lenders the balance in cash so as to make up the total of rupees twenty thousand (Rs.20,000) each month it being the true intent and meaning of these presents that the borrower shall pay or cause to be paid each month to the lenders the sum of rupees twenty thousand (Rs.20,000) until the whole amounts due to them together with interest thereon at the rate aforesaid are liquidated.

7. After the said amounts due to the lenders are liquidated the borrower will continue to supply uncured plumbago not below "B" quality to the lenders from the pits as may from time to time be required by them at the price rupees twenty (Rs.20) below the then current market rates so long as the lenders purchase the plumbago at such current ruling market rates. In case the plumbago is rejected by the lenders the borrower to have full liberty to sell the plumbago outside to her best advantage and that the lenders be not entitled to claim rupees twenty (Rs.20) But the borrower will sell to the on each ton so rejected and sold to outsiders. lenders all carbon plumbago ninety per cent. (90%) and over from the pits at a price rupees twenty (Rs.20) under the current market rates.

8. In consideration of the borrower carrying out the above terms and conditions of this agreement the lenders on their part agree that they will so long

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as all the terms and conditions herein are duly complied with by the borrower refrain from taking any legal or other steps for the recovery of the amounts due to them by the borrower or the persons whose names are set forth in the schedule hereto.

As witness the hands of the parties hereto at Colombo.

The schedule above referred to :-

Name.

L. Henry Perera.

Witnesses:---

61976

SIR,

D. Jno. C. de Silva. Osmund Tonks.

No. 96.

CEYLON.

Amount. Seventy-eight thousand rupees.

Mary de Silva

by her attorney

Philip de Silva.

COLONIAL OFFICE to BOARD OF TRADE.

[Copy to Foreign Office, 31st December, 1917. L.F.] [Answered by No. 97.]

Downing Street, 24th December, 1917. I AM directed by Mr. Secretary Long to transmit to you, to be laid before the Board of Trade, the accompanying copy of a despatch from the Governor of Ceylon regarding the agreement entered into by Mrs. Mary de Silva with Messrs. Freudenberg & Company.

2. Subject to any observations which the Board may desire to offer in the matter, Mr. Long proposes to approve the Governor's proposal that the agree- ment shall be declared void, as being injurious to the public interest, under section 13 of the Ceylon Ordinance No. 4 of 1917.

3. Mr. Long would be glad to receive at as early a date as possible the views of the Board in the matter.

2042

SIR,

I am, &c.,

H. J. READ,

for the Under-Secretary of State.

No. 97.

CEYLON.

BOARD OF TRADE to COLONIAL OFFICE.

(Received 11th January, 1918.)

[Copy to Foreign Office, 22nd January, 1918. L.F.]

Board of Trade, 10th January, 1918.

WITH reference to your letter of the 24th December,† transmitting a copy of a despatch from the Governor of Ceylon regarding an agreement entered into between Mrs. Mary de Silva and Freudenberg & Company, I am directed by the Board of Trade to state, for the information of Mr. Secretary Long, that the Board concur in his proposal to approve the Governor's proposal that the agreement should be declared void as being injurious to the public interest.

I have, &c.,

* No. 95.

† No. 96.

K

H. M. WINEARLS.

61976

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