The Sun. — London, England, 1815-02-07 00:00:00

, .. . . , • . , ' " ''&le"r is wiii.ti lie exc use f or d i e piaicipttate Iti:. .• ditii.. r aised the siege of Tarragona,- (-41er3 and i edlties which never existed ;,. he has endeavoured to establish a belief, that he could not have got : I lia pins an d stores on hoard before an enemy ar rived, but he has never yet been able top r rove that the enemy was neareron one side than' N illafran ca, or that any force •waS ever as far as Perillo' on I t he oth er , w h en he decided, on leaving "the . guns "eland.. It appears th a t Col. WillianiSoll pledgei ( h imself' to Si r J o hn M urray t h at the guns and all the 'stores should have- beet brought down to the beach ready for -embarkation on the night Of the 12 th, and I had pledged myself that every thing thottld have been taken off. The means I pos ' lessed,were More tha n a mple f or th e execution of that service.. That no enemy could have. been Pear is evident' from Sir J. Murray's-conduct on ' stir arrival at Balaguer . ' on the 13th. :Sir John Alarray decided, immediately On. sending for the I vhole army to land again. Surely if Suchet was 21 1 (It ' t oo Powerf u l fo r him on the 14th, when he 11 ad ti me to haVe colle c t e d hisrarinforcem ients, le 11 .,,,.°P 1 (1 not " h ave b een in slifficient force on the : 41 ), to -have created the Plarin he did ; and so littl e ai d Sir John Mttrray think of an immediate 4clvance of Sucher, that On the evening of the 14th or 15th, h e.pro p osed to me the re-e mbar,i,- ,ing the troops at Bala guer ,' l an di ng t h em at Cain, ' e ls, and thence t o push on 5000 men, to end ea to to Surprise Tarragona. The proposal was made in the latter part of the afternoon, on t h e star b oard side of the quarter de ck• Sir John informed me, that although w e had differed respecting the raising the siege, he h ad only, obeyed Ilia orders ; b u t th at every thing did now was an act of his own, and he wished to submi t his ideas to me, and to have my opinion (lo;aitetii ; 'he then made the above proposal, Stat irig that:he knew the enemy had received no rein ,TeeMent; and supposing -he was going away they t hat off their givard. I gave him my opinion, :s aa t as- he (lid not feel *himself equal to . such an ~t ' lltise when he was there with his whole force, --''' bis batteries erected, that I did not think him -(111al to'it no w with 5000 men. Here he as k e d t:IY advice. I gave it, and he followed it. ~s a:forther peoof that there w as no occas i on to - gtie the •seigts. in- the Inatiner it was done, I will l t , l 4 te, -that Sir John Murray did, oit•the ' 15th, 14 ,' L l all his troops again, except a part of-Gene'd in:tttingliarn's division', with an intention'of tak to thelield to fight Sachet. His artillery, and : remainder. of the 9 0th dragoons, were landed ti t ( ' t his day : :::: On the 16th I received -an applica o from him tO have 9 00 marines in readiness to Po' in the Fort Of Balaguer, to enable hint to take t t- 1 , 1 field With 'all his force,. which he had propos . e l l (10 i 0 g 7 T Pte marines wer e p ara d e d an d k ept i n .e/nstartt readiness to l an d the moment they should 15 ealied,' and in the :afternoon I landed two 12- poander earronades, with 50 seamen, to serve with the artny. cozkutritd 'here? beg . to call the attention of the 4)-C°l° "el ‘Vitli• nsOn's evidence, by Ivhich it appear s On C u t 1, rt ,':' ' r letter f r, le - : - '" 1 --''es 0. the Court, that the that ti l l : c nl ca ' - uri Tn o s i . (trly, informed 'Sir J. Murray ill lr mt - •loo l , m i d „i nt :, fl ct eltly at Villafranea was would vir(f hint orders Isee the -British General 'duct he• le,, is to pu ., : _ lic , 'Pect . ing the line of C 0 .11.- IS j blit It does not tell hint what way th e e emu' , t'oin Colonel .." " --- J 'were Pointing. The letter Lan (I ar, which is . before the Court, Zl e :'• i - hat . ' O n. th:if, evening, the enemy returned h are • t mla• The statement of Colonel Villa:- till will he seen in Colonel Williatusow s evi- Aeuce w 1 •-' at t 1 :at •• ' c ull) he relates the force of the enemy, v... :at !joie, to be between 5 'and 6000 men pt j o il t i l "fi'ana " Colonel Williamson is not mistaken 4:41 le tiine of the Spanish Officer's arrival. I was I,,th, beach With General Donkin at half past . „:04eliwdere he Was speaking to me of the move ir, :1. tile enemy. 'This induced me to look at I,?:,_ w atch, 'T - id I informed him of the lrintr, which t , s 'xss me positive as to the time. We then went 14.7ethar t o the General's head -quarters, where we ,11.. thi.!-.B.pitaish Offieer.4 accompanied them from ~..cnce_to look for ; and after ive met, Sir J. Mar ..i':l3:. deeidett :to embark the troops immediately; Mar aud leitVe the guns behind.' I mentioned this eir i4'n„state.e to . spew that I 'could not be mistaken b .. “?e to. the Officer arrived ; and that General Lii:trin hits not been correct in the statement he Th e ' tn 4d,e, of i ts being between e i g h t and n i ne in oat Ploriting when he met th at O f fi ter, instead of i qi z A i t c° tti. indecision Of Sir John Murray, a (lay . 4et . (-4 pass i v ith ott t instances. He 'seemed to ...,, li ` ( : . °lt. the spur of the Moment, froni the last te,,.e or opinion he had received; one while all ~,,,g;'l'tr, Iteit ti/I doubt ; one while to fight, one Lis ,e.t(tlvitildraW.; and had' he either wadi up 1). . I. ' ll { l to fi,, ,, lft or;to re-embark, ;ill might have ae ic .._ , ~ . tv er ,.. w elt • but his Colistatic vaccilatiohs made orde2r..trteasiir..e Useless, and the orders and counter t..4ee:;; tell Owed s o faht upon one anc,ther, that to itit_ i ,,,e t heta was impoWhle. If s o active and foliZl"lceit.t an (Meer .as Lieut.-Caen:..a.:ll -Clinton it lib • • . t hin, _, .Possible to keep paoc with their rapi tti-Irt", i . w ds it likely they'cotild generally have been ~,'piited With 41 Nit,_ J , - •• e . .Igurray meant to light De . Caen, did ~. t a t, e nt _ id - • - IY proper measure to do So; and if he 1 - • -I to rein , - Li4ll2 ° l. t , ' .l vhen lie El:id:Made up is min.. . -11, 1 t. '‘ '9) , not.t4ke proper ideas:fres to reimbark 'iiia .; '"*.verit?t; between *these two .measures, he .q...,s'?either as' it ought to ; liave'been done. It q._i, 11,41 §nebet iv; .r. ii-o 'inoine'_nt'ardY .expected, 11'144.ln:it insanity . conlilve.indneed Sir John Rite,..: .to sen(l..bis artillery .-..nd cavalry to Bala .ll),' ? V.attly, and Cacti en:accompanied bvinfan tiv`)all . ll 'lt but the''lno,'-t unwarrar;table - neglect i . dv e ~.. •- - - • • se ili s f i . !‘ : ett, rise to seell:extreme ignorance ttiti,, l ` n ee of th e enemy, as to. produce an as= ;':11:,. y , ; i :!t : four oclock ire the nuirtting, - that the T. r hr,, i , 'gilt he hourly expeeted, tinder the walls lliy),;;(.)'111? lint bad • .as the ildeci4ion wasat ~ t i ll l e ( f,„ ..i_t waisointhing to that of I.l}:.lagticr. , i • 4li , -.oarkation and the re - ettiharkation con (. ati„ os ..-, t, was 'enoiigh to confoniol any t i v v eled. .'4 tike world. ' livery mast4tead waS . • vv,n I , . ',, 3 ;ye t " ` 1 111$ Sigitals, atid four ' faitlrOwidg ili,'ls 'i,.j-lc(IY sufficieuctO Convey til l s orders. ". tii . .: - , 9 '1 1 1 Aitiiira, has repeatedly in :his ad ll'Y `; ' '' ji I° ' 'F'" 'e( " o lt...i;:t,..Wliicit•:.l l *r held. (Hiss Noll a c ', tkt " '''t military subjects it . may not be -he • rire 1 . • - Y 1 'il , , . "thelode ray reply, to. adduce one . e (0,,,: - ,tanc e of i • - , 4 hi itself in 41.‘ ~.Nri)eai to that opinion, when a case dittenlty.. , • Sir Joha .Vlntrens. eaneonhave farnat:cai "k - h:lt , then rermesting Sir J. ifirerti , ..floky We deserters arrived at Baiaguer'on the 16(ii, p rocee d D o e s not t hi s, I wou l d ask - the. Court, with the ac count o f t h e enemy ' s approach, that disqualify the statement Sir John - Murray. has be immediately came off to ask my opinion of the made as to his motive in having given this most.in line of conduct he should adopt., -On our going einiSistent order, and it having become null from the on shore, be directed the Chief. Engineer to point I circumstance' ofGen.Copons!pretendedmovement ? out the positions he should occupy, and having J Sir J. Murray states, in another part o(his ad made his arrangements,- he decided :on waiting dress, that the Mite of Well:ngton was fortunate for the enemy. On his expressing this deternint-: in 'acting alonethat he had no naval coadjutor ation, I took the liberty ofteiling him, that I was l to impede or thwart him,. and fan the flame of sure he , had an army that would (JO him credit— . discontent in the.army ; and states also, that I was that they would do more than any army of the (comparatively speaking).little more than a spec same number in the King's service, because there taint of eyents, in which 'my own honour was no was not a single man under him who did not feel way committed ; my own responsibility was in no that he bad something to recover, and the only i way compromised ; my own 'safety, by tvhich, of thing he had to guard against was, being .per a Course, I mean to understand, of those under my Suaded to change his deterniination again ; his command, was no way endangered or concerned. reply was, that lie would not chalice. Colonel 'Phis-is the first instance I ever heard of an Officer, Thackary was present at this conversation, which j in the command of the naval part of a conjunct• circumstances now call upon me to mention ; to expedition, having no responsibility attached to state a new act of indecision, he decided the next i his; situation,oe that his honour was no way,com morning to embark again. mitted in the expedition ; f confess that I must now beg l eave to offer a remark on the ! differently. I felt my- honour committ e d in th I felt e late evidence of Captain - Milner of the 18ils Hussars. transactions, and with those feelinesl'consideted Sir John Murray asks him if he has the means off it nay duty to Write the letter I did. Sir J: Mur knowing that his diSpatch Was written in a p t great I ray denies his havi ng ma d e al:v charge against hurry ? Captain Milner, in reply, states, it was me ; let the world read this, and then judge ofthe written a great burry, it only- came on bOard truth of such an assertion. Every one has heard as 1 was.going. to semi a vessel away'; there was it, and is bis ipso dixit to contradict the voice of no, time to copy the dispatch. Who could have - all ? Ile Writes a public letter, acknowledging believed that an Officer, holding the high and ho- l the Cordial co-operation of the fleet ; and a pri nourable rank of a Lieutenant-General in the g gate letter-to Lord Wellington, that the delay and army, possessing the fortune, and moving -in the irregularity of the transpOrts was the cause of the high circles in which Sir John Murray is in the batteries not being opened 24 hours sooner than habit of doing,—wh o could have believed that he they would have been. This I deny in.toto: The would have permitted his Military Secretary to f transport service was carried on to my Most per have fallen into such a spare, for the purpose of .i feet satisfaction, and the Commanding Officer of eliminating me Who could have supposed -that I Artillery has acknowledged that his wants were he could have allowed hint to give the answer he even anticipated. has given on oath, without attempting to set him , I wa s in hopes that Sir John Mtnray would right, when he l;nsew that the original, letter waS- have confined his resentment to me alone. See in his own hand writing ? No one could. have be- ing with how little candour he has directed all his lieved it, had not the transaction been recorded attacks against me, 1 have learnt to bear them on the 'minutes of this Court-Martial, .and ;t without emotion ; but when he ventures to attack can never be forgotten., Captain Milner was j the avhole profession, lam called. forward to vin warned by me to be on his guard, it was there- I (Heine its character against so foul, so malignant a fore after • mature aleliberati in that he had stated I charge. What does Sir J. M. mean by saying that on oath . , that he had not time . to take .a copy of those serving under me were not exposed to dan the letter sent away, and it is afterwards proved i ger, when he knows there was scarcely a day by his own evide nc e, th a t t h e v ery di spatc h which passed that they were not 'employed in boats un was forwarded to Lord Wellingto n was A copy, der fire of the enemy's batteries ?' There was no transcribed by himself from the original drams work on shore which required kissistance from the up by Sir John Murray. As to the expressions ships that was not instantly granted ; and in all imputed to me by Captain Milner,.l do not admit-1 working parties during time night; Y• 'well :as day, that I ever made use of,them ; but admitting that I they shared ti l e same dangers as the soldiers who 1 did, what have they to do with the .charges were employed with them. The conduct..of the against Sir John Murray ?. If they were uttered, boats could nut have escaped , his observation ; it was after the troops had left Tarragona, and 1 eind if Sir John Murray, or any of his Staff, had could scarcely - believe, that an 'thiicer who 'was I been present with the working partiesnat the bat- Sleeping in my 'cabin, and living as a pleat at my i tery, be and they would have heen convinced that table, as Captain M. was, could at the same time J their conduct merited a different representation ; be making remarks- of my conversation, to bring- and if Sir John Murray considered there was any forward as a charge against me at a fatiare period, danger from an- euemy on the night of the 12th, Ido not envy either Sir J. M. air his 'Military Se- when he was. hbatnioaing every thiug to its fate, cretary, Captain :Milner, th e consolation they' the officers and seamen of both men of war and may derive from their reflections on this occasion. transports were left to share it, while the General The attack made upon my military witnesses who thus calumniates them was enjoying his re cannot have escaped the observation of the Court ; _ pose in bed. I trust it will appear by the evi of Colonel Williainson he says his evidence is but thence of those Officers who have been examined, repetition; I trust it will be n o ticed his Was given that many inSianees have occurred of Sir John before the evidence was canvassed in the News-, Murray's indecision, at times, and on occasions papers. General M'Kenzie's evidence, it is said, where prompt treasures. and a decisive conduct was given with precipitation. With respect - to were necessary, and consequently that I had just 'General Clinton's evidence, which Sir John Mar.: reason for expressing my apprehensions that the ray has thought fit to term an evidence delivered future movenieuts of the army under his direction with asperity, and which by the concluding ques- would add to its disasters. tion on the Lieutenant -General's first examina- I presume it. will also appear from the same tion, it was most unjustifiably endeavour e d to stamp evidence that no measures were adopted tovrards with the impression of having been uttered in a raising the siege of Tarragona previous to the or spirit of personal animosity against Sir John Mur- r der width was suddenly given on the night of the ray, I feel myself warranted' in saying that Sir llth, t,o commence the embarkatfon, and that Sir John had no right to put such a construction On J; M urra y did precipitately order the embarka that evidence. Circumstanced as Sir J. Murray fourd himself, such an ev id ence s h ou ld h ave been tion of the troops under his c omman d ; an d aban ' dolled his guns and stores without necessity. This met by a disproof, not b y an a tt em p t to . delay it' will appear evident, from a letter from Sir John merely, which argues a bad cause, to me, dated on board the 'Malta, June 19, 1813, Nor is Sir John Murr a y mote correct when he in which he says, " Upon the late business, how observes. that General Clinton was the last man ever anxious I was for this cordial co-operation, from whom he had a right to expect such evi- the heavy responsibility which I had, and the (hence. 'ln this instance too, have reason to dangers which I saw in delaying, prevented me know that lam warranted in saying, that at' an from - adopting your opinion, .which, as events early period after the termination of the unfortat- have proved, might have be-en safely followed." nate expedition against Tarragona, Sir J. Murray That there was no necessity, I trust will appear was told at 'Alicant by Lieut.:General Clinton, on the evidence before the Court. that he did not think that time Measure of aban- .Ist. Because the enemy was not 'nearer than (toning his or d nance at Tarragona could •b e Vi llafranca, ( a distance of more than thirty miles) justified. . . at thefime he adopted this measure. Consistent with the feeling which dictated that . „2dlyeßecause at the time our troops were em- Opinion, has been the evidence given by Lieut.- barking, add We s'vere destroying our guns and General Clinton, and hail he .been so questioned, carri age s, and at the time such alar:a was express lam confident, that with time same consistency eel on the beach of Tarragona for time safety of our would Lieut.-Gen. Clinton have•spoken to any army—the Spanish division under General Copons fact, or even to any opinion lie might recollect to w as ni ne miles in our front remaining at, their have held at that period, which m i g ht h ave beet) post, without any apprehension for, their safety. deemed advantageous to the defence of Sir John And lastly, Because time enemy was tiot in stiffs . - Murray : I must, therefore, beg again to repeat cient force to oblige us to raise the siege in the that Sir J. Murray was not warranted in putting manner we did, even if he had advanced against ua. such a construction as he had endeavoared to Sir John Murray has attacked my character,' press on the minds of the Conit and public, with not met nny charge, and every thing I have heard respect to Lieut.-Gen. Clinton's evideace, in this Court, convinces inc that your decision I must now beg the serious attention of the will be such as will vindicate the honour of the Court relative to the first order sent to Lieut.- service, and satisfy the expectations of the Sove- General Clinton on the Morning of the 12th of, , ae i gn and the nation. June. Inconsi s t en t a s t h at or d er was with what On. time Admiral concluding hi s R ep l y , th e has appeared in evidence, namely,. that on the Court was immediately ordered to be cleared. — night, of time 11th all prospect of getting hrdd of The' . sentenee will not of' course transpire till it TarragiSna bad ceased, and the embarkation of receives' the approbation of the:Prince Regent. the army had been decided upon ; but setting the inconsistency aside, what will be the astonishusent - of the Court When they see Sir John Murray as serting, as: he did in the statement he made ''on Faturday last, in reference to this order, " That his motive in gfring this order had been to cover a .retr4rade.movenlent of the dfrision r f Gen-, Capons army on the great road, but that the movement had been elected during the night: and the troops from Lieut.-General Clinton's divisioh were not requir sed to assist it,. and the order became mill from this circumstance." I ask, Sit' JOhn Murray what, movement had _General Copona, made disriug the night to warrant such • a statethent on -his part 7 Msr none. Is it not in clear evidence ahewn that Capt. Stocidart : and ,Lieut. Bowie. ;were both in commtmieation with -General Cop.ons,at Altafulla and at Torre - del Barra, until sunese4 on the.even line of the 12thlane, and that Sir John INltirray himself had - been.-waited upon daning the 12th, by an Officer, Colonel Villamill,, with a letter from Gen. Copons, dated front Tom del Barra Extract of a Letter from a Gentleman at Paris to . his Friend.---" It is impossible for we to just con- vey a idea of the' awful - sublimity of the Cere mony which conveyed the. remains of the amiable Louis XVL and his Queen to the place of inter ment.—The Oration of the venerable Bishop of TrOyeS dissolver! conqegation is tears.—The spirit.of.Massillon rested on himH.ll.lol a propos. I am obliged toansw9l- sonic of your queries as to Parisian costume, &c. with the sombre -impres sions I received from' the spectacle I so lately witnessed. I can only say at present, that the Parisian Ladies- with all their errors, in respect to their pyramidical; bonnets, have a classical taste 'for dress-,they pay uflcommon attention to the improvement and decoration of their Hair. The MAcassAa OIL, of which you have heard so much in England, is in. high estimation.—Monsieur Rowland, q.'est une grand' favorite T with, the famous Parisian Ladies, some of whom have ac- Nally . had his TrEntico tynnQbapii ;ntr, Rrniint . .. ~ . .....• .. imppitTANf ,0171 ,- icLui, yNiq_)lßlATios RELATIVE TO ASSESSMENTS UNDER THE PROPERTY TAX ACT. (From the Bristol Journal.) - • • Very considerable misapprehension having lately arisen relative to the construction of the - Property Tax Aat, as.far as concerns the Shipping Interest, we are happy to be enabled, through the medium of our respected Member, 'Mr. Davi*s, who has been parti cu l ar l y a li ve to the interests of his eo;1- stituents, to give publicity to the following iht'or 'natio!, ; 'by" which it appears, that upon applica tion to the Treasury', relief will be afforded iri all cases where the iadividual is assessed to more than 10 per cent. upon the average profits Of the whole of hisconcerns,; and it will be particularly gratifying to the public to learn, that a limit is fixed to any revision of returns already made. " Tre4a l s . )yi chanthers, SOth .lan: 181 5. " GENTLEmEN—I am commanded by the Lords Commis sioners Of his Majesty's Treasury to acquaint you, that upon an attentive perusal of the papers stihmitted by you to their Lordships in respect to the mode of Assessing the Profits of Shipping in the Port of, Bristol, it appears to my Lords, that, mistaken apprehensions have prevailed at Bristol, in respect to the consequences to follow from the mode of assessment contended for by the Inspectors and Surveyors of Taxes. " The clear : intention of the Legislature ttroughout all the provisions and clauses of the Property Tax Acts was, that Merchants should pay fur the exigencies of the State 10 per cent, of their net - pyofits and .no more. If, therefore, a merchant poSsessed of four or more ships should be found 'a gainer upon one or inure adventures,and a loser Upon the others, the loss must in justice be deducted • from the gain, and the assessment finally made of his profits be regulated accordingly. .igain, supposing a merchant engaged in the commerce of shipping, and also in generdi men handize, the profit or loss to be made in the one would be to be deducted from the other, and whatever might be the net gain of both, the proportion of 10 per cent. would be that share, which such merchant would be called upon to pay to the Gorern went. " This explanation will at once remove all ill-founded ap prehensicius of any oppression from the conduct of the sur veyors and inspectors of taxes, and satisfy the merchant that nothing more is sought for than the fair return of the profits' of his trade. This just object it has appeared to the Commis sioners of Taxes, and my Lord§ concur in that opinion, wduitt be more effectually.accomplished by a strict adherence• to the principle established as legal by the judgment. of the Court of Exchequer, namely, that each managing husband of every ship should be chargeable with the income tilt upon the whole profits of such ship ; leaving to the parties interested; and who may be concerned in other ships or in general merchan dise, the final adjustment, upon" 'dire proof before the Com missioners of the distHet, of their yearly profit or loss upon the whole of their concerns. • - , « But 'in carrying this principle into exception with per sons who may have been ship-owners in preceding years, my Lords apprehend that some difficulty and distress would arises if the law s'. - tonld now be rigorously applied. ". Whatever delay may have arisen, beyond the usual term for making surcharges and hearing appeals, is not attrebut 7 ahle to, the skip-owners, but to an impression. upon which the Commissioners of the district profess to have acted of the real construction of the law. "Therefore, whilst my Lords maintain that construction as pronounced by the Court of .Exchequer to he the true and legal construction, they are'Ll opinion that it will not be expedient to extend the revision beyond the sth April, 1813,, in the cases of ships uponwhich no return of profit has been made ; and in those cases where the return of profit has been charged by the Inspector-as in : - , sultivient, that the revision be not extended beyond the (Ala April, 18i4. " I am, Gentlemen, your Oedient Servant, • " LUSHINGTONT. " To the Merchants and Ship-owners of the city of Bristol." LAW INTELLIGENCE. COURT OF CLIANCERY, FEB. G. TheLoRD CHANCELLOR was occupied the greater part of the morning in hearing Counsel in causes, of no public interest. COURT OF KING'S BENCH, FEB. 6. The ATTORNEY-GENERAL moved the judgment of the Court, on J. C. Horpheth - vtho had at one time held a commission i lk a Vol un t eer C orps , f or receiving 100/. as a remuneration for recommend ing the donor to an Adjutancy in a Yeomanry Corns. . . After hearing the ATTORNEY-GENERAL for the pro3ecution, and Mr. GURNEY far the defendant, Mr. Justice LE BLANC declared the sentence of the Court to be; that the defendant, for his said offence, be committed to the custody of the Mar shah of the Marshalsea of the Court, for twelve calendar months. THE KING V. BAKER. The ATTORNEY-GENERAL moved for the sen tence of the Court on a. person n:: wed Wm. Baker, for obstructing Lieut. Win. Dean in the execution of his office, as an ImpresS Master, and resciiing from out of his custody a seaman, whom, as liable to that process, he had regularly impressed. After hearing the ATTORNEY-GENERAL for the prosecution, and Mr. J. P. SNTITti for the defend ant, the sentence of the'Cburt was; that the de fendant be committed to the custody'of the Mar shal of the Marshalsea for three mouths. . • THE KING V. TROUGHTON. Mr. ABBOTT moved for a Rule why a person of the name of TrOughtOn shoUld not'be called on to shew . cause by what authority he 'exercised the office of one of die 24 principal . Burgesses or Com mon Councilmen of the Borough of Eye. 'By the Constitution of the Borough, when . Any Ofthe 24 principal Burgesses, of whom with a Mayor and the Corporation consists, die, the risidue cause out of the inhabitants so many reputable men as may fill up the vacancieS. — The quistion was, whether this Rule had been complied with on the present occasion. The person against whom the 'application was made was a hoarder and lodger, hitt no householder or occupier of land in the parish, except to a very small extent ; and, even 'as to that extent, thel'e was no general practice. Lord'Et.tr,NpoßouGn thought the plaintiff en titled to a Rule to she w cause--Rule gr anted_