154 McKIM v. THOMPSON.

between that country and the United States, have greatly restored
the declining affairs of that house. Defendant did receive from
Marcus Heyland the sum of money mentioned in complainant's
bill, Defendant did enter into certain agreements with Heyland,
as heretofore explained in this answer. That at the time the
money was paid into his hands by Heyland, defendant did not
expect it would be appropriated to the *payment of Heyland's
creditors in England. Defendant denies, that said money was a
deposit in his hands for the use and benefit of Heyland's creditors
in England."

On the 16th of July, 1821, the defendant, John Bell, filed his
answer; in which he admits, in substance, all the circumstances
as set forth by the plaintiffs; and insists, that the money paid over
by Heyland to Thompson, under the agreement of the 8th January,
1811, was intended to be, and should be, first applied in satisfaction
of those bills drawn by Heyland.

The plaintiffs, by their petition, referring to the previous pro-
ceedings, by which it appeared, that the defendant, Thompson,
had received from Heyland, (who was then dead,) the sum of
8889 5s. 4d. sterling, for the benefit of the plaintiffs, prayed,
that he should be ordered to bring that sum, with -interest, into
court, to be applied and distributed under the direction of the
Chancellor.

14th December, 1822.—JOHNSON, Chancellor.—Ordered, That
Hugh Thompson, the trustee in the petition named, bring into this
court the sum of money mentioned, on or before the 15th day of
January next, or shew good cause why the same should not be
brought in: provided a copy of the petition, and of this order, are
served on him before the last day of this month.

It appears that the service was made as required.

10th May, 1823.—JOHNSON, Chancellor.—On the application
of the complainants, it is Ordered, that on the hearing of the motion
made for the purpose of compelling the defendant to bring money
into court, that depositions taken before a Justice of the Peace of
Baltimore, on three days* notice, be read in evidence; and, that
the complainants be at liberty to prove the contents of any original
paper or papers, as well as the entries contained in a book or books
in the possession of the defendant; the defendant having first had
notice, In writing, three days before the evidence is taken, to