(The Notice to produce was read, specifying among other documents, the additional memorandum of Charter-party, &c.)
Mr. Kelly. I have no such document. I do not know of its existence.
Mr. Justice Maule. You call for the document referred to at the end of the memorandum of charter-party?
Mr. Serjeant Bompas. Yes.
Mr. Kelly. No, my Lord, they call for it by a particular description; it may be that document; but according to that description, as far as I know or am instructed, we have not got it. The document referred to in the terms of the charter-party is supposed to be an acknowledgment of the debt from Captain Jennings to Martinez and Co.; that might be in the possession of Messrs. Zulueta—
Mr. Justice Maule. It would be in the possession of Zulueta & Co., or Martinez & Co.?
Mr. Kelly. Yes, my Lord; if in the possession of Martinez, of course I have not got it.
Mr. Justice Maule. You call for the additional memorandum of charter-party of the 21st of October 1840?
Mr. Serjeant Bompas. Yes, or the 19th of October.