Trustees Records, Vol. 3, 1859 (page 336)

336

Trustees _ March 7, 1864 _ Report of Com^ee on Mann suit _ continued _

the Corporation set aside as against the laws and
the evidence, was there any reason for abandoning
the claim?

Your Committee cannot therefore but feel that
the action of the Proprietors has been such as is calcu-
lated to do injustice towards the Trustees, and could
only have resulted from a mistaken view of the real
state of the case. _

At the same time your Committee, which
they cannot admit the right of the Proprietors to direct
or instruct the Trustees, consider the vote of the
Proprietors as a sufficient authority to do that,
which otherwise in the performance of their duty,
and with a just regard to the rights and interests
of the Corporation, they might hesitate to do, and
they therefore recommend that the request of the
Proprietors in their vote of the first of February
be complied with, and that the suit against
Mr Mann be discontinued.

Your Committee are also of opinion that as
the money deposited by Mr Mann with the Treasu-
rer was as security for any amount which might
be found due from him, and not in payment of
an admitted indebtedness, upon the discontinance of
of the suit, Mr Mann will be entitled to a return
of the money, but they cannot recognize any claim
for interest thereon. _

The voluntary deposit of the money in this case was
similar to an attachment of property in a suit,
which, though it may deprive the defendant