Star.
London, England, 1829-11-17 00:00:00

ought not to be eompeUed by a Court of, Equity to permit to be I
given to the complainant the box and its contents. Subsequent
to the commencement of the negotiation of the bill mentioned
some correspondence relating to the matter in question
between me, Mr. Westmacott, and General Garth, and fahave
in my possession the original letters addressed to me, some copies
of the letters written by me, and I have also a copy of a letter sent
by Mr. Westmont to the complainant, and a memorandum deli-
vered to him by Mr. Westmacott, purporting to contain a state-
ment of the terms proposed to the complainant on my behalf : also
a newspaper, purporting to contain a copy of an affidavit made by
this complainant; and, also the receipt given for the box,
a list of which I have in the schedule to this answer annexed, and
all of which I am ready to produce as this Honourable Court shall
direct, without there is any other matter, cause, or thing, in the
complainant's bill, considered necessary for me to make answer
unto, all which I am willing to verify and prove, as this Honour-
able Court shall award and direct. And I humbly pray to be here
dismissed with my reasonable costs and charges in this behalf most
wrongfully sustained.
In a further answer made by Sir Herbert, he states, that as
far as any annual sum was to be secured to •the complainant,
it was not to be paid in any particular manner or at any parti-
cular place; but that it was to be paid by him or his Agents,
or any person he should procure to pay it ; and as to the sum to
be provided by General Garth, that, according to his under-
standing upon the subject, it was to be paid by the said General
Garth, or his Agents, as it became payable. The amount of
annual payments to the complainant to be regulated in the fol-
lowing manner :—The amount to be procured by him (Sir H.)
was to be £1,200, or, if he could procure it, £1,500, but to this
he did not bind himself. An equal sum was to be provided by
General Garth;• so that if he procured fifteen hundred pounds,
the total annual payment to the complainant would be £3,000 ;
or, if the Issuer sum of .tl,llOO, General Guth procuring a
similar sum, the total would be £9,400 per annum. If, how-
ever, the sum to be procured by General Garth fell short of the
amount stated, then the total annual sum to be received by the
complainant would be so much less, the sum so failing short.
That the amount of the debts to be liquidated under the circum-
stances mentioned in the former answer, was £B,OOO, including
£3,000 already paid, and mentioned in the former answer; and
that such liquidation was to be effected without delay, or u soon
as the complainant should furnish a list of his debts, or that they
should be otherwise aseertalped. That the payment of the
debts was not to be effected at any particular place, but to be
made by him (Sir Herbert) and General Garth, or such per-
soo as they should employ fur the purpose; and that a moiety
of the sum required for the payment of the debts was to be pro-
vided by the defendant, and the other moiety by General Garth,
or by any person or persons whom they should procure to ad-
vance the same • but It was set agreed to be effected out of the
funds of any particular person or persons. That the annual pay-
ment was to commence from the time of the deposit of the docu-
ments and papers in question—that the terms and times of pay-
ment of the annual sum and debts were to be secured by a deed, to
which he and General Garth were to become parties, and it WM
understood that Lord Glengall was to be named as trustee for the
complaisant ; but the particulars of stsch deed, or the time and
place for its execution, were never otherwise amazed than that it
should be framed with all reasonable dispatch.
To be continued.