CAPE SABLE COMPANY'S CASE.—3 BLAND. 627

intend the same; and to supply and furnish one-half part of the
whole capital that might be found necessary for so establishing
and carrying on said works. By a subsequent article of the same
agreement, the said Lechleitner and Troost undertook to furnish
all the capita], above five thousand dollars, which should be neces-
sary for the purposes aforesaid; and provision was then made for
distribution of the profits, of the works between the parties to the
agreement. The auditor thinks, that this agreement made said
Lechleitner and Troost copartners with the said Caton and others;
and with the Cape Sable Company, since its incorporation; and as
such their claims, for capital, or tor additional advances, should
be postponed to the claims of the mere creditors of the company.
This objection applies to claims No. 14, 15 and 16. It may be
proper to remark, that P. G. Lechleitner is charged on the books
of the company with the whole amount of capital, stipulated to be
furnished by said G. Troost and himself.

The auditor further reports, that said P. C. Lechleitner by a
writing, dated on the 20th of September; 1816, in consideration of
some money lent, assigned to Paul Busti,, since deceased, all his
right and interest in the copperas and alum manufactory at Cape
Sable, and the whole amount of his advances made for the same,
as security for moneys lent, or to be lent; and also for notes dis-
counted by said Busti for said Lechleitner; that by a deed, bear-
ing date on the 31st of August. 1820, the said Lechleitner and
Troost assigned unto Rosewell L. Colt and James Neilson, all their
right, title, inteiest and estate in and ro the aforesaid works, as
used and enjoyed by them under their contract with the company,
in trust, to secure the payment of certain moneys due from said
Lechleitner and Troost to said liosewell L. Colt and James Neil-
son; a copy of which is filed with claim No. 6. And by another
deed, executed on the 10th of August, 1822, the said Lechleitner
assigned unto said Paul * Busti all his share, right, interest,
claim and demand in and to the aforesaid works, and also 650
all claim and demand, that he might have against the said works,
for advances of money made for the said establishment. This last
deed notices the assignment of the 26th of September, 1816; and
professes to be made to secure the payment of the sum of $10,290.48,
as of the first of January, 1822. The auditor thinks the claims of
said Lechleitner and Troost, if established, will be liable for pay-
ment of said claim No. 6, in the first instance; and that the resi-
due of the said claim of said Lechleitner, to the extent of the
sum of $10,296.48, with inteiest from the first of January. 1822,
will be payable to the said Paul Busti's representatives.

The auditor further reports, that the trustees have not yet ob-
tained an allowance for their expenses; and that the claim of said
P. G. Lechleifner which was, by an order of the 24tb of Septem-
ber 1829, referred to Samuel Moale, William Gwynn, and Charles