6J4 THE CHANCELLOR'S CASE.

This Congress asserted and maintained the rights of their fel-
low-citizens as Englishmen; and, following the example of " their

large amount, he employed the plaintifts to build a ship as proposed, and engaged
Patrick Simpson, since deceased, to take charge of her when built as master : that
the plaintiffs in compliance with their agreement built and launched a ship, which
was called the Maryland Merchant, and the greater part of her rigging, tackle, and
furniture, were bought and set up in her, and several officers and sailors were hired to
navigate her on her intended voyage; but Smith having received all or the greatest
part of the subscription money, embezzled so much of it, that he was unable to fit
her for sea; that he had not paid these plaintiffs for their work and labour, and had
besides involved them and Patrick Simpson in liabilities for several considerable
sums of money on account of the ship; that the subscribers and contributors to the
building of the ship in this state of things, seeing their prospects of deriving any
advantage from their subscriptions to be almost hopeless, and feeling kindly disposed
to enable these plaintiffs if practicable to obtain some reimbursement for their losses,
transferred and assigned all their interest in her, except some sails paid for on account
of D. Dulany, to the value of «£120, to these plaintiffs and Patrick Simpson. That
afterwards some of the seamen, who had been hired on account of the ship, instituted
a suit in the vice-admiralty court of this province before the Honourable Charles
Calvert then judge of the said court, against the ship and tackle, &c., and by a decree
of that court she was condemned and sold for the sum of £600, which was brought
in and deposited with the said judge of the vice-admiralty court; out of which the
seamen's wages having been paid there was left a balance of £ 309; after which
Patrick Simpson was paid £102, and William Cummings £6, leaving a residuum
of £201; to which these plaintiffs are entitled as assignees of the subscribers. That
Charles Calvert the Judge having that money in his hands died intestate, and admin-
istration on his estate having been granted to Rebecca Calvert, she thus obtained it;
after which she by her last will appointed these defendants her executors and died,
and these defendants having taken upon themselves the execution of her will, thus
became liable for that amount to these plaintiffs : Whereupon they prayed that the
defendants might be compelled to pay them the said sum of money, &c.

On the 17th of February, 1735, the defendant Benjamin Tasker disclaimed any
interest in, or any authority to intermeddle with the money mentioned in the com-
plainant's bill, he having before the Commissary General entered on record his renun-
ciation of the executorship of the testament of Rebecca Calvert deceased; and he
also disclaimed any right whatever to the administration of the estate of Charles
Calvert deceased. The two other defendants by their answer admitted the facts set
forth in the bill; but they averred, that the said Charles and Rebecca had made no
profit from the money in their hands; that they as well as these defendants bad
always been and were then ready to pay the same to any persons justly entitled to it,
and to whom they could be safe in paying it, &c. The case was thus submitted on
bill and answer.

17th February, 1736.—OGLE, Chancellor,—Decreed, that the defendants George
Plater and Onorio Rozolini do pay and deliver unto the complainants the said sum
of £201 currency, upon such security being given to the master of this court as he
shall Judge sufficient by a bond of the penalty of £400 currency, payable to him,
with condition to pay and satisfy to any person or persons such proportion of the said
£201 as such person or persons shall appear to be justly entitled to after deduction
of costs expended in this suit by both parties, which is hereby ordered and directed
to be paid out of the said sum of £201 currency.—( Chan. Proce. lib. L R. No. 2,
fol, 761.)