Star.
London, England, 1805-02-02 00:00:00

NAUTIC.2I. ETITLLIGENGE.

. .
MAILS TER'. DAY.-411nd N. W.
, .
AIR. BUP. •
AU. ',UR.
Diil.lin • o 3 liamburgh s 0
VL'autrfunl o 5 Gotten,mrgb 0 0

FALMOUTH, JaN. 3o.—Arrived OIL. CHANCE cut-
ter, from Dublin.—Sa;led the Pe '4 CESS ELIZABCTH
packet, Capt. Kiroc, with a Mai:, fur the Leeward
Iflands. Wind N. E.

PLYMOUTH, JAN. 31.--The Faux fchconer, of
to guns, arrived here laft eveni4 from a craze, and
brings the melancholy intelligence of the lurk of the
Dolt's, of 36 guns, Captain CAMpeeLL, on the coati
of France, near Rochefort : the accounts refpeeting
the fate of the crew are various; but we hope,and
believe that the greater part, if not the whole oft&
crew, are Paved. The DORIS had taken a French
brig, and was in chace of fiveral others, when the
ftrtick on a rock, which proved fatal to her. Cap-
tain Jsavis, of the 'Forum; of 3,1. guns, we are
concerned to Rate, is drowned, as it is reported, in
attempting to rave the crew of the Dot's—other ac-
counts fay, that it was in patting from one [kip to
another in his boat, which we ;relieve was the fait.
The FELIX, it is reported, brinks an account of the
efcape from Rochfort of fix fail of the line, a frigate,
and a corvette, all French (hips ; their deflination
unknown. The Fame privateer, of 3o guns, belong-
ing to this port, is 101 l at Guernfey.
PORTSMOUTH, Faa. ll.—S:i!ed the WEYMOUTH
frigate, %rich the Royal George, Henry Addington,
Earl of Abergavenny, Bombay Cattle, and the Wex-
ford, unJer convoy for the Eall Indies ; alfo the Fitt,
NEWCOMBE, for New Providence.—Wind E. S. E.
DIAL, FRB. I.—Sailed the ARAB !loop of war and
a gun-brig on a cruife off the French coati. Remain
in the Dawns the reit of the nips as per 14.—Wind
E. N. E. blows hard.

Cac SPIT, WH !TINA Li.—Ycllerday, Wore the
Mo►t Noble and Rigiit Honourable the Lords Corn-
rs of App-.us in Prize Caufes.

De Goode Henfight, Gocken, Mafter.—This Ship, laden with,
a cargo of indigo, fugar candy, cotton, pepper, gum, cloves, and
other colonial prinluce, alfo a quantity of ebony wend, on a voy-
age From the Idle of France to Corr havol, was captured in April
deo, by hls Majelly's Blip of war Jui,o,r, George Lofack, Efq.
Commander, and carried firft to the if.•.nd of Madagafcar, and
afterw-trds to the Cape of Good liopL, where the tfuJi proceed
logs were inftituted. Their Lord(Lips• in this cafe, condemned
the Ihip, and that part of the cargo claimed on behalf of Meffr4.
Blacks, Widow, and Company, of Copenhagen, and reftored the
other parts of the cargo as claimed.

The Northika Wanikapen, Sko3ftrom, Mager.—•This Swedifh
hound on a voyage from New York to Nantes, lade', with a
cargo of fugar, tobacco, coffee, and other goods, WAS captured on
the 24th of May t 8 o, by hit, Majesty's trip Pluto, Henry Folke%
Efq. Commander, and carried into St. John's, in the ifland of
Newfoundland. in this cafe their Lordthips reams:id the Slip, and
directed t umber proof to he produced of the cargo within the ufual
time.

The Friendibip, Butler, Mafter.—Rertitution of fhlp and cargo
is this cafe were slesectd by confeLt.—Adjounied.

CnPANOR COUNCIL.—A Court of Common Coun-
cil was held yeflerday at Guildhall, at which the
Lord Mayor prefided, and feveral Aldermen, at-
tended with the City Officers, and upwards of 160
Commoners. The Clerk of the Court read the pro.
ceedings of the laft Court, which were approved.—
The Committee for Improving the Port of London,
laid before the Court the plan of their Bye Laws,
Rules, Orders, and Regulations for the better Go-
vernment of the Harbour Mailers of the faid Port,
&c. which being read, and the intended Bye Laws,
paragraph by paragraph, were in part agreed to, and
the remaining part were adjourned to the confider-
anion of the next Court. The Court unanimoufly
defied EDWARD Davis, by thew of hands innead of
ballot, junior Clerk of the Court of Requefls, Mr.
ALDRIDGE having declined the contell, and there
being no other Candidate.
We cannot help calling the attention of the bene-
volent to a moil useful inilitution which has been for
Tome time eitablifhed in the Boronigh Road, for the
education of poor children. At this feminary, a thou-
fend poor children are inflrueled by a Mr. Laricas•
Tait, a worthy (taker, without any charge to the
parents.
. _

The !chop] has nn fund whatever, except the unfo
licited donation: of the friends of unprotected childhood,
which, we are happy to find, have not been withheld.
Indeed, the good effeCts of this inflitution have al-
ready become fn oriking, that it is not unfrequently
vitited by the tuft charaCters in the kingdom in point
of worth and rank. Lail week the benevolent LAW •
C•STER was vilited by the Honourable JOHN Fos-
TEE, Chancellor of the Exchequer for Ireland ; by
Lord SOMERVILLE, RICHARD Islavit.t.s, Efq. and
many other Gentlemen ; and a few days ago by
his Grace the Duke of Somtassx, by Earl Lorrus,
the Earl of SL:octsa, Lord BOYLE, the Portuguefe
Ambaffador, and GEORCE SANDFORD, Efq.
Mr. LANCASTER had lately the honour of being
introduced to his Majesry, whom he addrelied as
follows :

0 Permit, 0 King, one of thy faithful fubjecls to
offer his fincere willies for thy bea welfare and pre-
fetvations May that Thetas Haan sthich bath been
with thee from thy youth up till now, and fupported
thee through many deep trials and agliaions, be (till
about thy howle, thy path, thy bed, and all thy ways,
and may peace and tighteoufnefs be multiplied to
thee, and thy family :"

The Kind' was much affetted, and gave a difplay
of that charaaer which ha: endeared him to his faith-
ful fubjefts, in the expreffions of kinduefs he made
ufe of to the good Q2aker. •
On the prefent occafion, we cannot avoid nrticing
another worthy charaatr, to whom the public owe
many obligations : We mean Mr. Coi.gl: nous, the
Magiarate. Some time aga he paid a with in Mr.
LANCASTER'S fchool, with the views. pion, and con-
dating of which he was fo much delighted, that he
instantly opened ()tic on the fame plan in P.mlico, at
hip own exptnce—Mr. LANCASTER giving him every
alliitance in his power to enable him to accomplith
the objea he had in view. Reader, have you the
meant. ?..." Go, and do

I•
ACCUSATION OF 11121:1/411.1.LIGHTER.

\i

The following motion, which was made in tee
Court of King's Bench yenerday, is of lo feriqus a
complexion, and it is fo particularly necefrary we
fhould be correct in our report, if we prefume to
give it at all, that we (hall Rate it as nearly in the
words of the Learned Counfel as we poflibly can.
Mr. Gatitow.—" I am 'Angled to move your
Lordfhips fora Writ of Habeas Corpus, to bring into
Court the body of a Mr. Peacock, who has been com-
mitted to prifon upon a charge of manflaughter. The
perfon on whore behalf I move is a mon refperftable
Gentleman, and refides in the borough S. mth war k.
He Rates in his affidavit, that he and his family
having retired to bed ; after he had been fume time
in his chamber, he heard a violent ringing at his gate.
He called out at his window, but no anfwer being
given, he came down Itairs in a batty manner, nod
went to the gate, where he found a per►on Dill ring-
ing at the bell. Upon applying to Ilion and Acing
him who he was, he found him incapable of return-
ing any anfwer. In fail, he found him in a Date of
complete anil brutal intoxication. Mr. Peacock then
fwears that he went in doors, for the purpofe of pro-
curing more cloaths, and on his return he found this
man in a fenfelefs Rate. He dilcovered, upon en-
quiry, that he had been drinking at a public-houfe
in Pepper alley, till the lan.ilord toured to let him
remain any longer, and your Lot dihips kn.iw ;►.,,t rh.
matters of publicimufes are not ye: r rem r'.:'.
turning their cultomers out too Mon. I.:v.
affidavit goes on to Rate, ihat h..: had di reared him
be taken to a public hook; that he had -t 1.!•-gc:m
for; and that he was afterwards removed to G,
Hofpital, where he died. He further Dates, that
wife of the deceafed came to him, and ioformed hi
that when her hufband was in a hate of iotoxicati
he afterwards remained ftupid and is for feve
days. Mr. Peacock adds, that he is mat conlciou,
having tiled any violence toward, the deceafed,
cept removing him, and pacing hint lg tin:l the fb;
of a waggon that flood near him. Hz a!fi fwears,
a teafon I will Date prefently, that he had not
bayonet about him. It appears tha., upon the
quifi:ion before the Coroner, a wi:nels lic-Nre that 1
Peacock appeared with a drawn bayonet to his ril
hand ; that he did not the his right ha• d. hot that
gave thedeceafed two orthrteLlows widt his :eft
—lt appears from the examinations of the Surge(
taken before the Coroner, that on the external p,
of the body of the deccaled there wer: no mark
violence, except a fmall mark or kratch nn the h:
part of the head, which did not penetrate to the !kJ
The opinions of the Surgeons were, that the deceai
died of an apoplexy. However, the Coroner,
his great caution, and there cannot be a more into
gent man than he is, left it to the Jury t:•l:ether fr
appearances might not have been the effet
blows? Certainly they might ; but the opinions
the Surgeons, on the whole, were, that the decet
had died of an apoplexy. It appears further, by
affidavit of Mr. Peacock, and of a maid fervant,
he had not in his hand any bayonet whatever.
verdift on the Coronet's Innuifition was fur mai
flanghter."
Lord Et.t.swaototrott defired the Learned Cot
fd to take the writ of Habeas Corpus.

On her MAJESTY'S birth day, Game Gentle.
amateurs performed the tragedy of Dougtat, and
Farce of The Poor Solther, at the Durntiies The;
for the benefit of the Poor.

The new comedy of the Nov; Moon was a;
performed lall night, and was received with the :
decided approbation by an overflowing lioufe
A pitched battle was fought at Hare-hatch, a
night fince, for thirty guineas, between a yoi
farmer of the name of BAYMF, and Sruttsm
butcher at Oakley, when the combatants were fo
haufted and beaten, that their friends inte:fered,
it was agreed on, that the fight Ihould be rene.
within a month. On Thursday the pogiNils
again, with their feconds, and they fat-to in the
refolnte manner. Many hard blows exchai
during the first four rounds; ar.4 in the one
cceding, Bayne received a blow which deprived
of many of his teeth ; but he returned the hit, wi
his opponent was rallying, which broke the nnf
Stubble in a (hocking manner. As tie fi,thCci
nued, the feelings of the fpeetatirs Mint much
relied: irrefirtible blows were exchani,c.l, and
battle was vigaroufly maintained, the
round, when the combatants both fell, and wert
a time unable to rife. It was thoogla that the ba,
in this inftance could not be determined ; but the r
batants rnfe again, and fought ar..i.ber round
redoubled fury, in which Stubble beat his oppot
down in a rally, which decided the cnntett.

pogilills were both dreadfully inclined ; and it
foam time before they could be removed off
ground. The (lakes were given to the visor,
the addition of a fpoufe, on whole account the
tell originated.

Fates.—On Saturday night, the tgith u!t. a
broke out in the town of Siqingburne,
wind blew very high from the calf, threatener
fome time the total denritaion of th.•
gan at a newly ereded carpenter's (bop, belongii
Mr. Cleave, fimated at the eat end of the town,
the Plough public houfe, which being built of weal
board, and lately pitched, was in the (pace of hal
hour reduced to the ground. From thence it I
municated to three cottages immediately adjoit
is another diredion, to a wheclwright's (bop
fheds, belonging to Mr. Harris ; at the fame tit
fpread to the oppofite fide of the greet, and ca
the roof of a thatched c, ttage belonging to Mr.
lener. At this moment the attest. ,a of the iril
tants, who had 11 eked to the fcene. became dill
ed in their endeavours to extinguifh the
engines, which had been brought to the fpot,
fully employed on the fide of the fireet where tin
began. Mr. Milltner's houle, in cordequence,
prey to the flames, and was wholly confirmed.
length, after the unwearied exertions of the inl
tants, Aided by their neighbours front Nikon
the adjoining enuntry, it was happily gut under,
having confirmed, betides the above-memion .d,
back parts of the three c. ttagi.s, the flied!, and
of the (bop and fume timber or Mr. Harris, and
damaged and burnt the frame of the window
meeting houte near at hand.

your
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.W"

• INTELLIGENCE.

I OF KING'S Ilepcti, jaw. 3t.

CIIMINAL INfORMATION.

3. application at the fuit of Mr. Stowe,
t. e Culioms at the part of Dover, and it
t:J aqainft a LieuteLant in the Navy, a
I r c f one of his rviajc:ly's hired cutters.
.;ARROW laid, that the cafe was of great im-
.becanfe the pubic health was immediately
Red with it, and it would be in vain that regu-

•is could he eftablilhed to guard againfl the MOII
!i..1 of all human calamities, if the condua of

s Officer was permitted to pals unnoticed. The
le ad-pted by application to this Court, for a cri-
.. ..sal proceeding by information, had been reforted
a• the moll lenient way of bringing this gentleman
a fit fenfe of his duty, and efpecially as it would
atT id him an opportunity, by proper conceflions, of
rreventing this dilagreeable fubjeet from again °tet-
?. mg the time of the Court. The veal commanded
by the Lieutenant, on account of the communication
it had had with another Ihip, was under quarantine and
was diaing 'tithed by a yellow flag. Not w ithdanding fhe
vas in this fituation, fhe was condOled into the har-
bour r.f Dover, which was one of thofe places the
moll improper to be expofed to the effects of conta-
gion. With this the Learned Counfel was not, how-
ever, difpoft d to find much fault ; it appeared the be-
came fhort of provifions, and an apology was both
offered and received. It, however, was abfolutely
neceffary that fhe thould be placed under tliiCt con-
trout, in order to cut off all intercourfe with the
port. After a certain time, when the immediate °b-
ra of this irregular entrance tinder the yellow flag
was fatisfied, Mr. Stowe direited, as it was his duty
to dire&, that the defendant, with his veffel,thould put
to fea. The officer laid, he would not go ; upon
which the Collector of the Colloms replied, that he
molt report trpan that Gentleman's condo& To
this the Lieutcnant returned, that he would report
upon the Collector, for not difeharging his duty, in
admitting the armed cutter into the harbour; thus
making the very indulgence which had been extend.
eel, the ground of complaint. The matter did not
end here ; Mr. Stowe ihon received a letter in the fol-
lowing terms:

■ Sir-1 feel no helitation in acquainting you, that I conctive
from your indecent latigulgc on rtu•fda) lA, you cannot be pof-
fcl•,ed of tither the n ineicre or the principle. of a Gcnticinan; and
1 r ciimmend,d your tiling more civil exprillions in future, which
In :•• eo.I.ICC L., fccurc you (loin the challifement you merit. I
act, &c."

Subfequent to this hoffile communication, Mr.
Stowe law a Naval Officer palling in the lreet, whom
he did not obferve to be the perfon who had com-
menced this correfpondence with him. The officer,
bowever, loon removed his uncertainty, and calling
to him by his nam:, he atked Mr. Scowe if he had
received a letter ? To this the latter anfwered in the
affirmative, and added, that he had taken the proper
motice of it, by reporting its contents to his fuperier
officers. On this, the Lieutenant laid, you know
any addrefs, and if you require the latisfattion of a
Gentleman, you are now appiifed where you can
meet with it," adding, that he was always to be found
at Deal.—This Mr. GARROW Paid, mull not be en-
dured ; for public officers ma be proteCted in the
execution of their duty, and, therefore, he trolled the
Court would grant its extraordinary interposition in
this cafe ; at the fame time he would repeat that this
application was not made from any evil intention to-
wards thi, met itorious officer, and lie hoped he would
feel what was due to the fltuatinn in which he was
placed, and render further proceeding uniteceitary.
Rule to thew caufe granted.

• THE WIC V. ALEXANDER MORRIE.
This was the cafe of the Q.2i Tam atlions, com-
menced by the Dcfendant, under the Game Law',
mentioned in our paper of Tuefday la& The Dc.
fendant was an attorney, and brought aaions againft
perfon fending game rom the country, to Gentle-
men in town, by the ftage coaches, which let up at
the Bell Savage-yard, where he refuted. When ap.
plication was made to him for the name and place
of relidence of the (12i Tam Plaintiff, he referred to
a perfon who appeared to he defuna. Upon thole
circumitances being reprefented to the Court, a con-
dhional rule for an attachment was granted early laD
term, which kept its place in the peremptory paper
ever fince.

Mr. Laws this day moved, that the Defendant
`aright be difcharged from under the attachment,
ifftwd in this cafe. He Rated that he was a
wretchedly poor mar, much thicken in years, and
of a very infirm habit of body ; he,had been in cuf-
sody upwards of a fortnight, under this attachment,
and was ill able to bear imprifonmeut ;—he had
made every pecuniary compenfation in his power to
the party, and threw himfelf entirely on their Lotd-
Ships' mercy.
Mr. Gaattow, on the part of the profecution, faid,
that he had undertlootl that the Defendant was a
man very much advanced in years, and had made
what reparation was in his power to the party in
the civil atliiin ; but it was entirely for their Lord-
Ships to fay, what Should be done in the prefent
matter beim e the Court ;—the cafe was a vet y bad
one; the Defendant bad brought an aelion, as had
already been dated, in which he appeared to be the
attorney, and the Plaintiff a deal man ; after this,
be had commenced a fecond inbirmation in the
name of the lame Plaintiff, who, upon inquiry, unfor-
tunately for the Defendant, had came to lite, and was
found to be living in the fame garret with the attor-
ney before their Lot dlhips.
Lord ELLENDONOUGH." Since he has made re-
paration to the party, the Court will not now require
more of hi.n ; but it is not right that the
Should he fuhjetß to his illicit praeices, and :az: is
not by any means a fit perfon to remain upon the Roll
of Attot nies of this Court. Diecharfie the rule, and let
Lis name be (truck off from the Roils of the Court."

Ilit SOS V. LORD PLUNNAURD.

This was an dlion up m a policy of a life infurabce,
effefled the 21d November, atoa, upon the life of
sally Ivilon, the wife of the Plaintiff, and was tried
at Manchetter tl.e affnes, when a verdict was
found for the Defendant.
A conditional rule to fet Ade this verdia was ob-
tained lai Term.
It appeared from the Judge's report, read by Mr.
Juiltice LE BLANC, that the warranty in the policy
was, that Sally Ivifon was in good health at the time

of making the infurance, namely, the t9th of No-
vember, and of the age of 22 years.
It appeared upon the evidence for the Plaintiff,
that the w:is a woman of remarkably good health,
and regular habit of body ; the had a good face
arid complexion, and all the fymptoms of perfea
fitcngth and longevity; her huroAnd was about 70
years of age.
Several witneffes for the Defendant had (fated,
that the was much given to the brandy bottle of late
years, and had got fo partial to it, and applied to
frequently to it For a little confolation, that it affeet-
ed her health to fuch a degree, as ultimately to put
an end to her exiltence. On the evening of the
day on whiclt the went to Mancheller, for the pur.
pole of being examined as to the (late of her
health, in order to effea the infurance, in returning
bocce on horfeback fhe fell to tie ground, and re.
ceived a confiderable wound in her thin. She was
carried home, and a female friend called to fee her
in a day or fo after this accident, at which time the
kept her bed ; the declared to this friend, that the
was very bad, and expreffed her apprehentions that
the would not live out the date of the policy, and
then her hatband would not get the money on it.—
This witnefs alfo Rated, that the had frequently
teen her take to the bottle, and knew leer to be in
the contlant habit of drinking, fometimes brandy and
water, fometimes rum and water, and frequently
brandy without water.
Upon the whole of the evidence for the Defendant,
it appeared the had contraCted a bad habit of body
front exceffive drink and frequent intoxication, and
was nor an infurable life at the time of etrefling the
policy ; upon which the Jury, without hefitation,
found a verdid for the Defendant.

The queition was, ,A•hether, at the time of making
the infurance, the was an incurable life ?

The Court exprelred their opinion of the Verdi&,
as returned by the Jury, which apneared to them
fully jullificd by the evidence. and intimated lo the
Counfel that it would not be neceffary to argue the
cafe.

Mr. Serjeant Cocatit. on the part of the Plain.
tiff, laid, that this was not the only ground on
which he had taken an objedion to the verdi& ,—at
the trial he objeCted to evidence, which, he contend.
ed, was inadmiffible, and ought not to have been
received. This was the declaration of Sally Ivifon
to a third perfon.
Mr. PARK, fir the Defendant, obferved, that this
was an objeCtion wholly unexpeCted by him, and for
which he was not immediately prepared, as he did
not till then underhand inch a queltion had arilen on
the cafe.

The Court, therefore, pdiponed the further mil-
deration of the queftion to another day.

THE KINK V. SUTH!RTON.

In this cafe, the defendant was cunvkled of ob-
taining a fuin of money, for the purpore of com•
puunding Penal AC lions, for his own private emolu-
ment, to the injury of the Crown.
Of this cafe, and the ftibfequent proccediwn, we
gave a report in our Paper of the zBth of November
le.

The Defendant was an attorney, and wrote feve-
ral letters to. perfons felling Patent Medicines, inti-
mating to them, that he had been employed to com-
mence criminal profecutions againtt them for felling
medicines without the neeelfary Stamp; but, if they
would confer with him on the fubjed, he would, for
a certain fum of money, prevail on the party to
drop the proceedings. Wpon thefe charges he was
convicted at the Atlizes for Sonterfet, and brought
up for judgment hat Term, when Mr. BORROWER
moved an Arrelt of Judgment, on there grounds ;
firlt, that it was nut an indidahleoffence, and fecond-
ly, the indidment was not fufficient.
The Arroasev GENERAL this day (hewed cattle
againtt the Rule for an arreft of judgment, and, in
the courfe of a very long and learned argument,
contended, that a perfon threatening to put a penal
llama in force, for the purple of obtaining the
penalty for the ufe of himfelf and the Crown, was not
an offence; but a man threatening to du fo for his
own private emolument, and adually procuring
money, to be paid to him by means of thefe threats,
was guilty of a mifdemeanour ; and, any at dune to
commit this mifdemeanour, was of irfelf a mifde.
meanour. The party in fuch cafe would by no meal's
be the only injured perfon. The King would be in-
jured, inafmuch as he would be deprived of his por-
tion of the penalty ; and the objet of the legiflature,
in inflituting thefe penal flatutes, would alfo be evad-
ed. He further contended, that a fraud committed
upon an individual was not an indk'lable offence
under the Ilatute, but the fubjett of a civil action ;
but when the Crown is concerns:el, and the intereft
of an individual becomes conneded with that of the
King, then the offence is punifhable by criminal pro-
eels. Afttr a very long argument, in the courfe of
which he adverted to the leveral counts in the in-
didment ; and in fopport of which, he referred to
the various Aits of Parliament of Elizabeth, of
George ill and ad, and cited a number of cafes, he
concluded that, upon thefe grounds, the offence in
quettion was a mifdemeanour created under the (la-
me, upen which the judgment of the Court (hould
pal.
Mr. Gums and Mr. Ser3eant 'Arras followed on
the fame tide, contending fiat, that a penalty was
the punifhment inflided upon an offender for an of-
fence committed against the King ; and, fecondly,
that this was a breach of a public duty, and not
merely of a private nature. The arguments of thefe
Gentlemen took up the greater part of the day ;
and Mr. DAMPIER was proceeding to follow on the
fame fide, when the Colo t diredzd, that the further
coutideration of the quc:tion thould (land over till
Moncray neat.

inras W. swAmcnTr.

Mr. LAWS fhwved caufe againft a rule obtained
by Mr. Jarvis, calling on the Plaintiff' to [hew caufe
why, ninv.ithlianditig he had obtained a verdict for
tol. he fhoold not pay all coils of fuit in this caufe,
and this was moved upon the provifion of a late
wholefome Ad of Parliament which provides that if
a Plaintiff [hall hold a Defendant to bail for more
money than he recovers by a verdid, the Court upon
affidavits, being fatisfied ha had no ptobable or rea-
lonable caufe for holding the Defendant to bail for
that amount, [ball have power to order the Plaintiff
to pay ail coils of fuit in like main= as if he had
been nonfuited.

Mr. Laws obferved, that in this eSe the Plaintiff
bad held the Defendant to bail only for t zl. That

be had recovered, by verclitt, nn trial, tot gs. the
'excels was only 11. ifs. fo that it was impoffible to
fay, the Defendant had been held to bail for a film
for which there was not reafonable or probable cattle
of its being due, for which reafon he lubmitted the
Rule ought to be difcharged.
Mr. Jetty,: replied, that the Plaintiff could not
poffibly be ignorant of the amount of his demand,
for he had fold five chaldron of coals to the Defen-
dant, and delivered them Ihort of meafitre by three
quarters of a chaldron, for which he had been pro.
lecuted, and had paid the penalty of sot and then
brought his aftion for the value of the coals.
The Court unanimoufly held that this was a Clic
which came within the meaning of the Aft of Parlia.
ment, and made the rule abfolute for the Plaintiff to
pay all coft;, although he obtained a verdift for tol.

Q. 171 TAM.
In a Ryi tam Mlion againit Hon Man for deliver-
ing Letters contrary to the provitions of the late Al
of Parliament, whereby a penalty had been incurred,
on which a Motion was made to compound it on pay-
ment of 21. los.
Mr. ABBOT faid he had inftruflions from the Poll-
Matter to content, but at the fame time to take this
opportunity of giving notice that this pradice mutt
be difcontinued.
Lnrd ELLINBOROUGH. Then he had better not
compound."—Rule granted.

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