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of those places where the appellants made use of the money; for had the ship been fairly bought, and the money paid in India, as in this case it ought to have been, the respondent might have made Indian interest of it ever since, and at last have brought the whole home at cent. per cent. profit. That this was no more than what had been done in other cases of the like nature; and as the respondent must be contented, that the interest of his annual interest should lie dead for so many years, it was an incontestable reason to shew, that he had not willingly made the least delay in his proceedings, which could possibly be avoided. As to the objection made by the appellants, against paying costs, [386] the respondent insisted, that the decreeing the same necessarily followed the payment of the principal and interest. And since the respondent, though ruined in his fortune by the loss of his ship, had hitherto borne up against a potent Company, who had litigated this matter to the utmost, both at law and in equity, and had at length got a prospect of receiving some satisfaction for the great loss and injury he had sustained, it was humbly hoped, that the said several decrees and proceedings would be affirmed, and the appeal dismissed with costs.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed, and the several orders therein complained of, affirmed: and it was further ordered, that the appellants should pay to the respondent the sum of £100 for his costs, in respect of the said appeal. (Jour. vol. 21. p. 16.)

There was a great intimacy for several years between Walter Pigot, Esq, deceased, and the respondent; Mr. Pigot employing him as his counsel, and supplying him from time to time with several sums of money, as his occasions required: but Mr. Pigot suspecting that a mortgage which the respondent had given him, for securing the repayment of part of the money so lent, was fraudulent, and that he had no title to the lands which he so mortgaged, he was greatly displeased with the respondent; and on the 12th of July 1718, he stated and adjusted all accounts with him, and the money then due to Mr. Pigot for principal and interest being £335 5s. Mr. Pigot generously gave £100 to the respondent for his fees and other services; and, on the respondent's earnest solicitation, delivered him up the mortgage, as a security of no value, and accepted his bond for the residue of the said debt, being £235 5s. which was all the security, as the respondent then declared, he was capable of giving for the same: and the respondent did, at the same time, execute a general release to Mr. Pigot, which he required from the respondent; to the end, as he declared, that the respondent might not make large demands after his death, on the appellant Mary, for business never done; and Mr. Pigot, from that time to the time of his death, was not in friendship with the respondent.

Mr. Pigot, many years before his death, and from the time that the appellant Mary was six years old, had a great friendship and acquaintance with Mr. Thornhill, her father, at whose house he [387] often lodged, using the same as his own; and being under many obligations to Mr. Thornhill and his family, Mr. Pigot, on the 13th of February 1716, duly made his last will in writing, and thereof appointed the appellant Mary his executrix and residuary legatee; and on the 22d of March 1718, died. But in his last sickness, and a few days before his death, made this declaration touching the respondent's bond, viz. "I have Raby's bond, which I keep; I don't deliver it up, for I may live to want it more than he; but when I die, he shall have it, he shall not be asked or troubled for it."