Star. — London, England, 1804-11-08 00:00:00

4P4R4'INC ISTELLIGENCE. Ti • —..017 Morning a perfon in the neighbourhood of the Foundling Hofpital trotted his mare for too guineas, bin chaife ; he (farted from Iflington at ten o'clock, and was to go twenty miles in two hours, which he perforated with apparent cafe in fix minutes within the time limited. Royal. Husv.—The deer that was turned out on Tuefday morning, was a remarkably fine yoting .one : he never had been hunted before. In the courfe of the day he (hewed great (port. At flarting, near the dog-kennel, he ran with great (peed towards the rice conrfe, makin g . for the Baglhot road ; an d, a f ter .1-, , aiug upon t h at f or Tome time, he croffed it, and •:rt with great fwiftnefs acrofs the heath towards i•lsham, where he made feveral turns: he then took the left, through the inelofures, making to the !ight O of Bottley, taking his condi by Weyb r id ge and allands, and eroffed the Thames next Shep- Petton. Here he was clofely purfued, and being measly saltaußed, lie WAS taken after a very hard run of about forty miles. His MAJESTY was in ex;:el Sent (pints, and appeared ri enjoy the chcce extreme ly. Numbers of the Gentlemen were thrown out. RACES AT Essom.--Two Matches have for Come time been pending, which were agreed upon by t h e parties to b e d ec id e d on Epfom Downs yefterday. • The fits was a match between two ponies, for fifty guineas each. The one a beautifttl grey, belong. Aing to Mr. Fame, and a long time cruitideied as te Gaga goer in England ; the owner has long challenged to run him againh any horfe of Lis faze. Te other a handfome bay, the property of Mr. SHousimct, Of Brighton, and had run only once before. juft before fiartmg. the - odds were fie to four on the grey,. but, when toady to (kart, the bets were even. A bitter race has feldom been witnefred. The two animals continued together, almoft neck and Peck, till they came near to the diftance pofl, When the bay took the *ad and kept.it to hee d or the race. The two-mile heat was run nearly all the way at full (peed. The fecond match was tun between Mr. Woow *au and Mr, Dv sores grey mares (of %Vatford.) 'they are both well known in the footling maid, aving run together on a former occation for a con liderable rum. Mr. Drsom's mare war the favourite at fluting ; and odds as hi g h as t h ree to one were ketted. After running two miles they vrxre abreafi of each other; when Mr. DYSON'S mare bolted, and Tan a confiderahle way out of the mink! terore the rider could bring her into the cootie again, Mr . Wponatates mare had got a quarter o f a mile the !tad; and twenty to one was offered on the race ; notwithflanding which, Mr. Dvxmt's mare made a punt, and recovered her loft ground, when they bad about a mile to go, and after much whipping Ind (purring, ultimately fucreeded in winning the race by feveral lengths.—The ground was very crowded, Tuerday lan Mr. Durand gave a grand Courtiorg day on E . plom Downs to a number of his Sporting friends out of the countiesof Middle. fez and Hertford, who brought with them a feleilion of the choicsa dogs the country can produce. The weather proving extremely favourable, a great ioneourfe of people attended.. And never was a finer (port witnefred. The Gentlimen met eel the Downs vihnut ten o'clock, and the firft hare was Ilart. ed half an Robe afterwards, when an e#ellent courfe itiok place between Mr. Harriion's red dog, and a favourite dog belonging to Mr. North; deci.:ed in favour of Mr. Harrhun. Second Cuarfc.,--Mr. Littra red deg anima Mr. tiarrirres tried wiikb proved an excellent march ; after rlueli Laudon tar furriority was decided in f.ormir of the S ri. Third Courfe..-:-Mr. Durand's Leadcr avinit Mr. Mich'. yet low slog Spring; undedded. . Fourth Courfe—Mr. Durand'. Mt.'s agairft Mr. Bridge's I:own dog; the bitch made a c2pitd courfe,the dog never taw the here. • . . . . Fifth Courfc...-Mr. Woodman 's re.' In. Smotter azai:ll Mr. N.,:tbl e ',leek dog Da& ; fa nice a 'Am luNnardy could unt. be &ciao/. atb tuerfr...-Mr. North's WA Lade n...irft Mr. Deddfolithli waxe re dog Spring ;a I. duce; the dog. w.r e our .21 ilht Whim tlr; ba war killed Seventh Conde—Mr. Woodman's red bitch Fly againtl Mt. Durand's Trifler, black bitch w o e.. Eighth Cootie—Mr. clsby's Spring, s:ainft Mr. brindled bitch Pham; Mr. Ashy won. Ninth Cohtfe.--Mr. lain black bitch, againd Mr. nridg...i brown dog; area by Mr. Luff. tank Courfe.--Mr. Abby's red dog, agahtff. Mr. Durand% fa. Onus black bitch Medic; an rate/hut cootie; Needle won. F.kvctatuCourfe —Mr. Duresid% Jug g kr ; 1 / 4 ta ioaft 8:. b.indkd bitch ; juggler won. Twelfth Courfe.—Ntr. Durand's Leader valn:t Mr. Min.'s yel l's' 4 .1 Si tiny; won by Spring. Thirteenth tborfe..—Mr.Duraotl's black dog Leader *kat Mr. Morriton'. red dog: won by Leader. Fuorteebth Courfe —Mr. Durand s red dej Caret 'gala Mr. Nerd's black dog Dab; won by bath. Fifteenth Cootie —Mr. Wt;odman's bitch Fl 7 again; Mr. Am :l...frock dog Driver. Driver won. Sixteenth L.uf Nelfoo ag.:inft Mr. Itarrifun's hitch; uoffec:ded. Mr. iturand's blue bitch Fanny againA Mr. Wootirnares Fly; a tangs. match: um:red.!. Mr. Abby's rt.d dug ag.drill Mr. Oeby's blue bitch. Mr. 0'67 R un. There were feveral other courfes by inferior dogs. Mr. Durand took great pains to find amulement for the day. Several men were employed the pre testing night to Sop the holes of the warren, to pre ki.t the hares finding Socket In them ; in confe -1 'wee an unufual number of hares were Ratted, it s.is furpofed not fewer than twenty brace ,n ail uurfe of the morning--.half of the number, at lean, Pere killeJ. To prevent that ennfuSon and diforder srWch ge ^rally prevail in the field on nccalinns like the pre rt, eight Gentlemen Sprortfmen were choler, nut of le number of Mr. Doraiod's friends. anJ nominated Jeri. Thep pieced"! the tell of the company and c dogs, rids yellows taiband. in their hats by way dialatiun, and t. and their !tame in high flyle, as .;lit be expecied from old praaitioners. Ile day's (port clofcd At Nil' o'clock. Ahnnt that roe a rabbit was darted by Cone of the people, who I tied it with bludgeons to kill it, as they had done in , dozens before. Whin a pet fon (* . the name of wde was making a blow at the animal, a Game. epee fired at it, arid iiniortur.2:ely !hut the man :tr the eye. ste•tra: plAcc: es !,ere the Ilint had en re I. were to he ken about his forehead. His eye relied and doled. Medical adirlance was fent for a neighbouring •illag:. Antitl.-r porton ago re ;vett literal Shot from the Aun WI below his back, '. however, did sot Greaten say dangerous . : • t ueaeas. d AI/LIT-Mr .. • Leiden H eat h C amp was fina i l ,• ly brokm no on Holliday fennight , on whi c h d ay t h e few remaining regiments (truck their tents, and rioceeded onaheir march into winter quarters. The following approba tionary Order, no left honourable to:the troops than to the Commander in Chitf of the Maria, has been iirued on the notation : GENERAL ORDERS.-.Lexilen Camp, Pdt. 30, toot s . Lieutenant General Sir James Crai deares tbe fcseral • 'e ments that have formed the Camp at Leaden, mry be affured that the regular and orderly cenduet which has beet, 're uniformly Otewn by the men, has not paffed unnoticed by him. He bas great fatisfaelion in obferving. that he has net received one com plaint of irregular or difordcrly behaviour in any individual be longing to the camp, during the three months it , has been on the ground. The order ot the isth of September was ilrued in the anxious defire of putting a flop to the pollible pragrefs lg./irregu larity ; but the complaint which occilioned It vraaacce-dingly trifling, and not at ail of a nature to Rand in cantradißindlion to the obfervationa. The Lieutenant General's duty will lea Mm to make a freial report on the fubjedt to Maßoyal Meiners the Commander In Chief, in which, while doing .ettcsyjultice to the men for the pa. t they have borne in • conduel fo worthy in them, and fo highly to the credit of them.,lic4sall not fail at the fame tin, to offer to his Royal Highnefs bls teftimony of the exemplary attention and seal which the Glicers on their part have as uniformly manifefted ; and which, there can be po doubt, has had on this oecabon, as it ever will have, its due ME eence on the behaviour of the men. The Lieutenant General laments exceedingly, that after the above Order was penned, and Vii n it was adivaliy inAliphands of the Afliftant Adjutant General,fur the purpofe of being Med, an inltance of irregularity and mikonduet mould have been re ported to him, Isi from which, In th e B r it moment, he felt mfelf an der the nec eflity of recalling it. But although the cireundLuice alluded to certainly does away the ;illation contained in 11.44 Or der, yet, upon confider - Atkin, the Lieutenant General has thinght himfelf warranted iu letting it Rand as it did ; not thinking that one Ungle instance of mitlichaviour in fo large a body oilmen (how ever it is to be regretted) ihould deprive the remainder of the me. Mendation which is jultly due to therm Head.quatters, Canterbury, Nov.r. Ott the feveral Brigs,lrs anti Corps taking up their Canton ments for the Winter, the following Orders are to be ftrietly at tended •to t—• • Every Corps will continue to confider Welt u liable to be called upon at the (bonen notice, to move, or change ha fituation ; . and Commanding Generals, and Cionmanders of Regiments will re , fpeetivaly give die rtquifite orders and initruifikins to that end, that no hindrance or obits,* may arife on a fudden enscrgency ; and with thi. view it If particularly enjoined that Officers are DOC ptrrnitted to be &blew I rutn thtir quarters but by proper authority„ according to the known Rules of the Service; and that a regular attendance at the pontiff. as well as other dutka of the Regi ment, arc nit no account to be difpenftd with. Until fat, hzr Ordet s, Major General I.ord Forbes is Rationed at Dover. MAjor fltraeral W'royard at Deal, and to take charge of the in• Pantry Ilagiaord t ht a c. klalorDenTralS; lohn Stuart h. Rationed at Canterbury, in chArge of the Truantry dr,gade there Rationed. Major General I.urdhoiitharnplon will be Rationed at Milford, and the Corp. occupying Rhling-ftrcet Barracks will rtpurt to his 1 •^IdBOIL futajur General Cartwright willibe Rationed at Deal, and continue in eominand of the brigade of Cavalry on the Coaft. Brigodier General ill:..nningham will be Rationed at Favertbana, and eunimo,d the Brigade tenoned there and at Ofprinre. Mapr lid own, Ifittant Mutant General, on breaking up of the I.:exhelth Encampment, will, till farther Orders, be Rationed at Chatham. he Oteloiis of elhohei Central and Star OMeers not lure partieularlied resnain as bvrotofore. General and Comotandioi fllnceo will no fall to make life of every opportunity which the weather permits, to take out their Bri-adat or Corp. in couplet, order and equipment for ferrite, and march them to fume dillante into the country, ocrultoming then , to fr, - qttent formation, nn hroitem and irregular ground, and huh other crolutiona at are adapttel to fituation. (Signal) I , CA1.111111.t., A.A.G. 11VrEiLIGEi'Ci COURT OP RING'S BENCH, KO%. 7. CRIMINAL INYORMATION. • • ERSIIINII laid he was to apply to their Lord. (hip, for leave to tile a criminal information, at the intlance of my Lord Darnley, againli Mr. ReiSart Bligh. This he moved on the affidavit of the Noble Lord, tinting, that he was under the neceflity of ap plyingao this Court in Hilary Term, a :!3t, this fame gentleman. My Lord Darnley 'buret in a peculiar and delicate fituation relating to the family of both, when lie was called upon to !viol to Laws which the Court neither knew nor would hear of— Laws called the Laws of Honour. The Noble Lord !local in a very nirtrarratling lituation towards this Gentleman, when lie came to the Court by affidavit, now upon its rile, Hating the contents of two latt er' he had ivcciyed from Mr. Bligh muting him with blacknefs of heart, and calling him coward ; RUA that he was a liar, and that he thould ieceive no an fwer but a blow, &e. for all which m 7 Lord Darn ley gave no real cau le, and being fo delicately;circum rt anent, for family realms, towards this Gentleman, lie had ho means of delittering himfelf from this at. tack, but by coming to their Lordfhips, and II:e Court immediately granted a rule to (hew caule why a 'criminal itifirtmaiinn thonld not be filed againfk this Gentleman ; but, Paid Mr. Erfkine, a My Lord Darnley, with the fame referee as he always withed to ditlinguilh him tnWar.ls this Gentleman, and not *Hiring to pref. upon him, and Mr. Bligh being dif poled to make an apology, entreated, by me, that the tole Mould not be made abfriute, and fo the rule, not without tome reionance on the part of the Court, a as nit made a:it:dine. on an ;apology being read nn behalf of the David:int, flirting. that he wa. lorry to have made ufe of improper language in his letters nr Mlr Lord Darnley, asking pardon, and requelling that the prolccution thirtild be fioppedi—upon this their Lordlliips made grime obfervation., that the Court would be no parties to a compromife of nail demeate.ms on accoirat of apologies, but however allowed the matter to tell ; and my Lord Darnley had no Monte or intercoinfe with this gentleman from that lime until the sad of 00.6.. r lath, when his laadthip and Lady Darnley happened Sri he on their return from Bright/kir:inn:re, at a place called Cosecs, near Tunbridge, where they happened to alight, and were waiting while the bodes were put ting to She can lam they law Mr. Bligh Rending at the door through which they went to pab. Lord Darnley and his Lady ware aim in arm. Mr. Bligh bad his arm extended, apparently with a view to ob. (true) their pillage. The Lady inquired whether the carriage was ready, and my Lold Darnley gently touched Mr. Bligh on the Moulder to make way— He catered Lady Darnley to pan, but obliturfled b;s Lordfhip, and while Lady Darnley was under his l.ordfhip's arm, Mr. Pligh laid in him, • rots are the grcatell tioundrei ;.1 England,' and aimed a blow at him with great forte. My Lord Darpley was ex. tremely irritated, and expeerfed his furprife at this, but, as his Lady sea• with him, no further violence ratted, had lie not, it was not poffible to know how his Lordihip t at that moment, might have been ia- dined to relent tin indigajty. tit Oahe tneollett etl.the &nation in which he Rood with refpeil to this Gentleman and his family. Led E LLLLL ottoston."..• l l What is the relation of this Gintleman to the Noble Lord P' Mr. They are fecond costing. my ' Lord.. and they are, beti d es, relations by marriage. My Lord Darnley is very lorry to cone before the Court with fuch a cafe. This is the very cafe in which your Lordthip would grant the extraordinary interpofition of the Court, and it would be walling time to fay more.uonn tbe fithjea." Lord Exxersosouott." Take a Rule. CLEMENTS Abb HIS WITT V. REEK. Mr. CASELLE moved for a Rule to thew Caufe why this nunfuit fhuuld not be let elide, and a new trial had. It was an action for an affatilt on the plaintiff's wife, and tried,before his Lordllt:p at the fan amzes for the County of Devon. The Learned Gentleman obferved, he believed he was correet s when he Paid he had his Lordthip's leave to make this motion. Lord Ettleanaotrom (aid. he believed he yielded to the importunity of the learned Gentleman who preffed for that leave at the trial. - Mr. GA Paid, that this quellinn was to be decided by the conflruaion to be put upon the excite laws. The defendant was a perfon who aged under the immediate order of an officer of the excife, but who had no deputation himfelf, neither was the offi cer who deputed him prefent at the time when the affault was committed, hut at his own bottle. he cafe WAS !bortly this : The defendaat was what is called an extraman acting hi th e excite bufinefs, employed at the will of regulatly deputed excisemen, who while employed, had - the rtme as an excifeman, and that allowed by the Excife Huard; but theft ex tra-men were liable to be difinilfed at the will of the excifeman who employed them. On this oceafion the defendant was employed as an extra-man by an excifeman, to lie in wait for a paffage boat at Ply mouth, and to (catch the paffengers for contraband goods, the excifemen himfelf going home, and lea,. ing it to the extra•man. The defendant behaving in a rude manner to fnine of the women, the plaintiff's wife aiked him at lead to behave with common de• ceney, when he made an alfault upon her, to obtain j redrefs for which the prefent aition was brought. Mr. DALLAS. took two objeaions to this adion. upon the Statute of 23 Geo. 111. cap. 37. fee. 25. which protets officers of the revenue from faits for if what they do is under the execution of their duty, and they do not commit any blameable j excels ; and alto that nn anion (tali be brunght againh them, onlefs within three calendar months after notice !hall have been giten to them of foch aeit . in being intended to be be - Ought. In thi s cafe there was no such notice, and therefore his Lordllip nonfuited the plaintiff. The quAhln war, whether ' this extra m an cane tinder th e rrntetion of this (la lute, and that depended upon the conftruelion of the aid claufe of it. He fahmitred that the excifeinan could not depute another perfon, not a regular ex eiteman, to fearch bolts 4r prams, withom being prefent bimfelf: all the excite laws made a diniraion between of add extra-men, in point of their au thority to ketch, /cc. This cafe was important to ttie public, institute.% as it was eitential to know. the extent of the authority of excite:nen and their ants M the way of Search, Sic.; a point in which the liberties of the tubjett were deeply concerned, and that the more efpecially, as the party complaining had treble cons to pay, in cafe be did not succeed in :Winn at law. Lord ELLinnotonou kid, that it might be ye celery that the officer Iliould, in fame cares, appoint another man to (catch, for, as he might be known !lineal, his appearance, at a ditlance, would give the party (itch notice as might enable them to defeat the coblB of the fearchl and the wieltion bete would be, " Whethe: it be not neceffary, under the ad of Parlittnent; that m'ery man hatching ;ants or per. font Mould himfelf h ave an immediate appointment from the Board of Excite? and the onellion was of tome importance to the public, and efremially to to the revenue, for, in (catching boats, it was fometimes neeeffiry to have alma as many officers as tbore were peffengets, otherwife white an officer iris (catching one patfenger, another might run away with the goods i at the fame time it was 64 to Weer. tai.l the extent of the sutbority given to revenue officers and their affiltants. Role to Mew C,auk granted. nos ON Tits MUSS OF SA*l.l V. TOOLS. rsrr. Dam me applied for a rule to thew cattle why the nonfuit in this cafe thonld not be let a fish.. He confeiled it was not continuity to grant Inch rules in cafes of ejeament, but when he (ated that the ver did was both contrary to evidence, and in the face of the recommendation of the Judge who tried the cafe, he nutted that not only the rule would be granted, but that it would he free from carts. The leak was tried at the last Arells Mixes before Mr. Baron Tnorarsoo. The plaintiff bad let a peifon of the name of Gofs, from Lady-day, 0 1 03, to Lady. day, 1804, three acres of LW, which lay immedi mely contiguous to other acres poicelied by the de fendant Poole. Poole finding that it would be more convenient fur him to poffefs the whole, bargained with Oufs for his three acres, and Eayle agreed to the trantiaion. Kooning, however, that Gin's, in whore tight Poole had come, was only tenant for one year, and not from year to year, he, at the ex piring of the pet hot agreed '.n: without giving Poole any notice, brought 4;1 ejeftment againrt him. Gofs putrid! the wore of his poiredion which he had made over to Poole, to he fuch as the Learned Connie, had now reprefenied it. To Jikrectit Gvfs's evidence, the defendant hienight forward a sinners who alleged that he had overheard him, in a public bottle, give a different ac:ount of the bargain ; but, to rebrett this evidence, the plaintiff produced a wit , nels who had been piefent at a meeting between I Balite and Poole. at 1101..'s /inure, on the 19th of June, fit 4, when Poole come:idea fur no farther tight than Gofs had defoibed. Notts kb:landing this evidence, and the recommerdatiun nt the Judge, the jury thought proper to lind w the defendant. pro. ceeding merely from pre . jud cc. Lord ELL A LL nlfllonm taid, :ha, the Jury probably difcredited Gores evidence, and though the C..uit might have formed a different conclufion, they were not on that account to overturn the verdid of the jury. The opinion of the Judge, however. ought to be had, that k tnigin be teen bow far it foppotted Ithe flatement of the Counfel. It was at all events impotTble, ales fome thing highly improper ap.i peared in the condua of the Jury, that 'the Rule eould be granted without cofisi , --Ritk graittal sg DOE ON Tile DEMISE OR GEORG, IP. /ERROR. Mr. CLARK applied for 8 rule to (hew cattle whys new trial fhould not be granted in this cafe. yhe title Set up in this cafe, which was an Olga of ejett roent, was as heir of law to John Jeffor, the fen of Thomas Jeffor, who, it was admitted, had been in poffeffion of the rents in the year 1777. He died, leaving a fon, John, and a daughter. The Inn went abroad at the age of thirteen, never having been in poffeffinn, and the Jur, found that he died between (even and ten years ttrthe period ofhisgoing abroad. It was therefore a matter of doubt whet/per be had died in minority or after he came of age. In either event, however, the Learned Counfel contended the Statute of limitatoons applied, for fuppoling that be had attained the years or majority, more than tea years had elapfed from the time of the title accruing to the filler in confequence of his death, or from the period of her own majority, without any claim hav ing been made by her. It (tad been contended on the other fide, and ruled by th e J u d ge who Aria the cafe, that the heir of the fon, as well as the heir of the father, were entitled each to the twenty years. Rule granted. TUE R 7 1 ,10 4. MU PHILLIPS, fsn. Mr. GARROW moved for a Kole to enter thii vets. din according to the finding of the Jury, which he underhand to be oecelfary in this cafe. The Jury having found the Defendant " not Guilty of fending the Profecutor a challenge t but guilty of fending • letter provoking the Profecutor to fend hint, the de r tcndant, a challenge." Lord ELLsmnottornit.—" There is one Count in the information applicable to that ad—the Jury have found him guilty of it—they have found their rerdid in the words of their own, but.they have found the fubaance of that Coont, and therefore, I think, they have found him guilty of that Count, In that the verdid may be entered•without any formal rule. Let them move to fcl it afide if they think ft is not right." THE sign v. ,IPSIP/4 HEATH. Mr. MILLS Paid, that this was an attachment far not delivering a Court Roll t be apprehended the de fendant had complied. as he bad beard nothing ott behalf of the profecution. Lord ELLIN at:motion Paid, that as the public bad no patictildr interett in this nutty', it might be !truck out—Which was accordingly done. THE KING V. routs. Mr. GARROW Paid, he had no infirwelion in thilt cafe for the pr. ) fccntion. It was for bringing its. proper afinns upon the Game Laws. Lord Ettstisosouott fai4 the public had an in well in this, and therefore whether the policed. for moved it or not. it fkosld keep its place for the prefect. TM 1611/0 O. BAIMIT. This was a ptofecution involving fome qnegion of • accounts and correfpondence between Lady Gra. Turd. the Margravine of Anfpacb, and the Deka dant. which had been referred to the Mailer of the Crown Office. The Defendant, when in confinement, had made an afsdavit, the lel paragraph of which was in the nature of an undertAking, that he woold never difclofe the corsofpondence between the& Ladies, Ste. Mr. Buittorom laid, that this affidavit might so be taken cff the 6le, upon the Defendant milting ano ther in the fame words, omitting the lad femme. Lord E LLLLL carman tail , the lad fentence wa► certainly eztrajudicial, nor tbould it have been made els of if the Defendant had nbjeaml to i t w h en h e was brought befor e hi s Lordfhip to tie 6d-charged. bat nothing was Paid on that fubjea. The Mailer reported that he was fatisfied with the accounts of this Gentleman except one item of s3l. 6s. and that holy required an explanation, that the bearer ef a note from Lady Granard. had received a check up on the Defendant's Banker for her the. The Court gave leave to make that explanation to-morrow. COURT OF COMMON PLIAS, wovEmstit y. SIVA* Mr. &dust Bur moved for a Rule to thew /wife why the plea of the Defendant in this cafe Ihouldoot be allowed to be amended, under.the following cis etimllances. A demand being made by the Plaintiff upon the Defendant (or a certain fum of money, and untie, of trial given, the Defendant applied to the Plaintiff for a bill of particular; in order to enable him to fettle the proper plea. This however had not been fent in time, and the confequence was, the Mk:Want was reduced to the neceffty of pleading the general iffue only. Upon examini ng t h e Plain tiff's bill, he found that he had a fet off which would neatly cover the demand, and therefore applied to the Cowl for leave to amend his plea, and plead the general tea; the fet off, and the Wellmintter Court ot Conlcience, as the Defendant had been obliged to plat in a wrong plea by the negligence of the Plain tiff. He trulted the Coort would give him an op. portunity to alter it—Rule granted. WWl* V. LORD waittricc. Mr. Setjeant &nen lan mowed for a Role to thew caufe why the proceedings in this cafe lliould not be flayed. "l'he application was founded on the Statute again(' rfury, and he contended, that this was a !moll itfui tout comma. The declaration Bated, that there wept it-veral counts, but the eerdift had been, taken opon'the fir(', and it was that upon whi.h he ' relied his prefent appl:cation. The defendant hat' v on the sth of January, borrowed of the Plaintiff the turn of soool. for which he had agreed and hound himfelf to repay the principal. together with .iooi. over and above, and 1./cwife to pay 5 percent. legal intetell, until fuck time as the soool. principal wt* refunded. In this oscura& the Defen.tant had under. I taken to pay not only the sooo l. pr i nc i pal, and r per ccnr. lawful intereft upon the fame, but likewifa the further funs drawl. which, upon the face of tba At was a conned of the tuft aurious rsattare, aad utterly illegal. Sir lasts. Max sr' ss.a—in Take a Rule, and let II have eistel of that mania the declaration,"