Page:United States Reports, Volume 2.djvu/126

 no Cases ruled and adjudged iu the l79I. them repofed, rerpeaang the faid lilver coin, or ihould fail. to W-* indemnify the faid Judge and the ohicers of the faid court againft all perfons lawfully claiming the fame, and agamlt the claims of him the faid Lewir Lanoix. And the faid Attor- uey General further giveth the court here to underftand and be informed, that the faid Marlhall afterwards, to wit. on the 6th day of November in the fame year by virtue of the writ of the fame court, {commanding him the faid marfhall, after*dedu£l· ing all collsand charges for the faving the faid lilver coin from - the wreck aforefaid, and profecutiug the feveral claims againfl: it in the faid court, to pay over and deliver the remainder of the faid live calks of filver coin to the faid game: Laeaze and Mi- ehael Mallet, to be by them remitted fort with to the faid Lewis Lanoix) did deliver and pay over to the faid _‘}'ame.r Laraze and Michael Malld, one thoufand five hundred and eighty dollars, and fix thoufand three hundred and thirty French crowns. And the faid attorney general further faith, that the faid james Lacaze and Michael Mallet, their duty in this behalf not regard- ` ing, did not well and faithfully perform the trufl in them repo- fed, refpefting the faid lilver coin, and did not, nor did either of them, remit the faid lilver coin to the faid Lewis Lanoix, but the fame to remit, pay, or deliver, to the faid Lewir, hitherto have entirely negleéted and refufed. By reafon whereof aétion hath accrued to the faid commonwealth to demand and have of the faid`;7ame.r Laeaze Michael Maller and yah}! Rey}, the faid fum of £ 4¤00 fierling money, which, on the fame gd day of Novem- her, were and {till are of the value of £ 6666. rg. 8. Neverthe- ’ iefs the faid {fame: Laeaze M iehael Jllallet and john Ro/`r, although often reque ted, to wit. on the 1fl:Sday·of ]uly, in the year of our lord 1786, at the county aforefaid, the faid fum of {4000 iierling money aforefaid, or the fum of £ 6666. rg. 8, equal in value thereto, to the faid commonwealth have not paid;. but the fame to pay hitherto have, and {till do refufe to pay, to the da- mage of the faid commonwealth [500: And thereof the {hid Attorney General informs the Court here, and prays judgment againff the faid fame: Laeaze Alxthacl Mallet and _‘}'ohu Ro/r, for the caufe aforefaid. ]’0m·x Don, Pledges Ricmuun Roe} Profecutors. The defendants pleaded rft 1’qvment, ad MI ikhemr; and the iifues were tried in Seplember term lull, when a verdift wa:. found in favor of the plaintiff, for the fum of £3,768. g. 7. A motion was, thereupon, made in arrclt of judgment, and for a new trial; which was argued in july term 17gr, lay Du Pou- eeau, Coxc, Bmrlfbrd, and Srigqanrit for the 1‘laint.iti`; and by .Moylaa, Myyliea, Ingeryoll, Ram/oqbb, and Lewi: for the De- fendants. T he

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