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676 THE CAPE SABLE COMPANY'S CASE.
implied contract with that company itself, must be rejected; and
the auditor must be directed to restate the accounts of Lechleitner
and Troost accordingly.
Whereupon it is Ordered, that this case be and the same is
hereby referred to the auditor, with directions to state an account,
in which, after deducting the costs, the trustees' commissions and
expenses, as usual: and the claims heretofore ordered to be paid,
he will allow the claim No. 1 of Robert Oliver as a judgment credi-
tor entitled to a preference from the 26th of May, 1824; and
Charles Carroll's claims No. 2, 3, 4 and 5, as on judgments entitled
to a preference from the 4th of June, 1824; he will then restate
the claim of Gerard Troost, No. 14; and also that of Philip G.
Lechleitner, No. 15 and 16, rejecting therefrom every portion of
them which arose prior to the 5th day of April, 1819; and which
is not founded on some express or implied contract with The Cape
Sable Company, and which as such may not then be sufficiently
authenticated. And these claims, if any such should be ascer-
tained to exist after being thus restricted, together with the claim
of Hugh Mullen, No. 9; of Eli Balderson, No. 11; of Mary Mullen,
No. 12; and of Edme Ducatel & Sons, No. 13, are to be allowed
in due proportion of the residue of the proceeds of sale after the
preferred claims of Oliver and Carroll shall have been satisfied
according to their respective priorities. And he will reject the
claim of George Neilson, administrator of James Neilson, deceased,
No. 6; the claim of Leonard Foreman, No. 7; the claim of Benja-
min Welsh, No. 8; and also the claim of James A. Sangston,
No. 10, _____________
Soon after which the auditor made and reported a distribution
of the proceeds as directed by this order, which was confirmed on
the 21st of September, 1832; and all the exceptions of the parties
at variance with it overruled. A final disposition was thus made
of the case; and the corporation called The Cape Sable Company,
having been thus totally divested of all its property was thus vir-
tually dissolved, and finally extinguished.
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