Star.
London, England, 1804-07-24 00:00:00

bb iii; dLiA 10

Chief juflice Dm/tilts, and Judges 'DAY And Os-
sotat, have been engaged Monday, Tuefday, attd
Wednefilay, at Kilmainham, invelligating the tom-
plaints of prifonets in the brit of that place, ■s Elated
in a petition to his Excellency the Earl of Haso-
wtc'Kt, and will make their report accordingly.
Enfign Cosvi.st, convieled of a concern in the
outrage at Rathfarnham, on a late occafion. has
been liberated from tonfinement, and it cannot but be
pleating to the libetal part of our readers, that the
Rev. Air. I.snwt c it (the chief fufferer on the occafion )
has bccn the principal advocate for an abbreviation
of his confinement.

Fixx.—A fire broke out. Come days (ince in the
turpentine warehnufe of Mars. Deuce and jaay es,
near Tritors.bridge, Diilol, which deftroyed thole ex-
teefive premifes. Three men were dreadfully burn•
ed; one of them died the day following.
MILITIA LAY/E.—Tile Court of Seffion, at Edin-
burgh, had lately under their confideration a moll
important queflion, on the import of that branch
of the Militix Laws, which regards b illotting to
fupply the place of perfons who have paid the fta-
tutory penalty of 151. netting, in place of either ferv-
ing perfonally, or findinz a fubflitute.
A gentleman of the city of Aberdeen had been
drawn by ballot, to ferve in the place of a perfon
fotmerly drawn and who had paid the flatutory
'peaatty. On being (creed with the ufual notice to
appear and be (worn in, he demanded a fufpenfion
of the order, on the ground that the At of Parliament
did not authorize a ballot for fupplying a deficiency
aiding from this caufe ; on the contrary, that the law
had made a feparate and fpecial provifion on that
head, by direfling that the penalties lb paid fhottld
be laid out and applied in providing a lbbhitute to
fupply Poch vacancy: and fhould Chef: prove in.
fufficient, then the requifite film was to be made up
by a tax on the valued rent of the county, in a
manner fpecially • pointed out by the flattne : and
it was further averred on the part of the fufeender,
that the Lieutenancy of this county hid in their
polreffion no lefs a film than 30001. flerling. notwith-
Handing whereof they were goiig on balloting to
fupply every deficiency occafioned by the payment
of the penalties ; a meafure which, the Cuff ender
contended, was both illegal and oppeeffive.
The Lieutenancy, on the other hand, denied hav-
ing fo I.lrge a fun in their hands, but declined to
Rate the amount they were polreffed of. As they
contended, in point of law, that the fufpenfion was,
by a fpecial provision of the flatute. altogether in-
competent, inafmneh as the Leginature had cx-
prefily enacted, that no order of the Lieutenancy
could be prevented from being carried into execu-
tion by the mode of fufpenfion or advocation. That,
if injultice, in any cafi was done, the party cm-

plaiuing•beboved to leek his remedy by a common
law aelion. In die prefent,,however, they pleaded
that no iniuftice was done to the furpender,
much as the flatute perfealy warranted the mode of
ballot for a deficitncF ariting from the prefent caufe,
as well as from any other caufe whatever.
Lord CULLE4 reported the cafe to the Court,
when their Lordlllips agreed that it was one of the
firtt importance, both to the public fervice, and to
the liberty of the Cubic& On the point of compe-
tency, the Court teemed in general of opinion, that
when the Lieutenancy went in any one initance
beyond the powers conferred on them by the Statute,
fummary redrefs was competent even in the form of
a tape:llion ; otherwife great hardthip, nay injutlice,
might mile to the fubjett.
On the merits of the cafe, how far the Lieutenancy
were lanaioned by the liAtUte to furply a vacancy of
this nature by ballot, a cnntiderable diverfr y of (pi-
nion took place on the Bench. The Bill was nlii-
mately raided by the narrowed poffible majority.
The fufpender reclaimed, when the fame ground in
point of law was gone over by both parties. In point
of fad, the Lieutenancy now Rated 'that, ist place of
30001. alledged to be in their hands, there was little
more than tsool. past of which was in the hands of
the Clerks to the Sub-divifinn Meetings, and the re-
mainder in the bands of the Clerk to the General
Meeting. held at Aberdeen; which became necetfary
from the greater number of men being there levied.
—This money, they Rated, wonld at all events only
raife eighty men, at the rate of 151. each, while dou-
ble that number was deficient of the quota to be fur-
nacd by the county.
The fulpender, on the other hand, repeated his
averment, that, whatever fan might now be in the
bands of the Lieutenancy, there moft certainly wee
not leis than pool. of unapplied penalties in their
hands, when the Bill of futpenfinn was piefented ;
and that the meafure had been Attended with the hap-
pier! .eonfequences to the Public, infomuch as the
Lieutenancy had fince that time been more than com-
monly active id procuring men, by the application of
penalties, notwishftanding whereof they were obliged
to acknowledge their having 1111 fnmewhAt more
than ;roof. in their hands; and therefore, they ought
not, in jultice to the (objet, to be allowed to conti-
nue to ballot fur men while any part of this fund re-
mained unapplied.
The cafe again underwent a very full dircitaion
on
the Bench. The Judges regretted that a quellion of
fo great and general importance, as the prefent was
acknowledAett to be, thould have come to be deter-
mined at to late a period of the feffion.—The former
ucigment, refitting the bill, was adhered tn.

On the ttth inflam, the Lady of the Rev. William Phillpott, of
of a fon.
At 1 t.o.n Grove, un the 18th inftant, 1..01y Charlotte Bathe,
of a fon.

wits

.....
At !inn. lunlicx. in May. P.n`.er. Shepheard, 111. Attor-
ney at Law. to MIN C.oh.triue t.fndlay, ..I,,ughter of We late
Alexander Lindfay, Efq of Mount Plea:Ant.
Fuefeay Eft, Mr. John Moore, of Symond'a•lnn, to Mita So-
phia Whdel, ad, of I nuk',-court.