CAPE SABLE COMPANY'S CASE.—3 BLAND.
605
peaching their motives, and mode of managing the affairs, and in
particular, the pecuniary concerns of the company. And the
auditor has, in his character of counsel for the complainants, fre-
quently insisted upon those charges. It is due to the defendants
and himself to declare, that an investigation of the accounts has
satisfied him, that all the moneys received for the use of the com-
pany have been promptly and properly applied, by its agents, to
the uses of the company; and that those agents have been fre-
quently in advance to a large * amount; and from time to
time incurred heavy responsibilities in order to carry on
625
the works.
Annexed to this report there was an agreement, signed by the
solicitors of the parties, in which it is said, that it is agreed, that
the injunctions heretofore issued in the cases of the same plaintiffs
against Robert Oliver and others, be dissolved, and all the bills be
dismissed. The question of costs alone is submitted to the Chan-
cellor without argument.
BLAND, C., 8th March, 1828.—The said case, the bill filed on
the 6th of August, 1822, together with the twro others mentioned
in the agreement of the parties this day filed, having been sub-
mitted according to the terms of the said agreement; aud it ap-
pearing, that the complainants had in fact no just cause for filing
the said bills.
It is thereupon decreed, that the injunctions heretofore awarded
in the said several cases, be and the same are hereby dissolved.
And it is further decreed, that the several bills of complaint of the
said complainants, be and they are hereby dismissed with costs, to
be taxed by the register.
Soon after which the plaintiffs, by their petition, stated, that
their three bills and cases, though not properly consolidated, re-
late to the same subject-matter, are intimately connected, and
have been prosecuted together. They were heard together; and
the first case referred to the auditor with directions to state an ac-
count, and the decision of the others reserved. That the agree-
ment, under which the decree of the 8th instant was passed, was
hastily and inadvertently entered into by one of the solicitors of
the plaintiff's; that, in consequence of that decree, executions may
shortly be issued against the property of the Cape Sable Company,
in which these plaintiffs are concerned, and their interests sacri
ficed. Whereupon they prayed, that those cases might be rein-
stated, &c.
BLAND, C., 14th March, 1828.—On consideration of the forego-
ing petition, and the representation of the solicitors; it is ordered,
that the said decree of the eighth instant be, and the same is
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