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, 1764. Clarke, knight, master of the rolls, 5. The hon. Mrs. Lowther, moand a privy counsellor. He is sup- ther of the present sir James, and posed to have died worth 200,000l. of the countess of Darlington, at of which he 'has left 30,000l. to Bath. -Sir John Sinclair, near St. Luke's hospital, and the re- . Dalkeith, Scotland. mainder, all to a few small legacies, 8. Her grace the duchess of to the right hon. the earl of Mac- Roxburgh. clesfield.

15. Mr. Robert Lloyd, the ce14. Sir Philip Chetwood, of lebrated poet. Oakley, in Shropshire, bart. fuc- 17. The hon. lady Amelia Hotceeded by his eldest son, John. ham, niece to the earl of Chester

15. The lady of fir Henry Law. field. fon, bart. Yorkshire.

18. The right hon. lady Ross. 16. Lady Graham, wife of the 19. His grace doctor George late colonel Brown.

Stone, archbishop of Armagh, and 30. Lately, Sir John Wynne, primate of all Ireland. of Leesewood, Flint, bart.- Mr. The lady of fir Wm. Owen Charles Churchill, the celebrated of Pembrokeshire, bart.-The hon. poet and fatyrist, at Boulogne, William, son of lord Walpole of on a visit to Mr. Wilkes.-Mrs. Wolterton. Lowther, sister of the late earl of 28. The right hon. Henry earl Tyrone.

of Shannon, viscount Brandon, Sir Nathaniel Thorold, of baron of Castlemartyr, and one of Harmston, in Lincolnshire, bart. the lord justices in Ireland, aged

The princess Sophia Augufta, 82. fifter of the king of Sweden, prio- 31. Lately, The celebrared biress of Quedlinbourg, aged 59. shop of Pontoppidan at Copenha

December 2. The right hon. the gen.- Lady Ann Wolfe, aunt lady viscountess Irwin, one of the to the late general Wolfe. ladies of the bedchamber to the

princess dowager of Wales.

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Extract from a direction lately In civil actions, therefore, ju

given to a jury in Dublin, by a ries ought only to take into conlearned judge of the court of fideration the damage sustained by King's Bench in Ireland, in an the party. If they go farther, action brought for false impri- and, under pretence of giving sonment.

damages to parties, really set up

to punish public crimes, it is Cavannah May 15th, 1764. At usurping on the constitution as against Nisi Prius in B. R. to criminal jurisdictions, and must

Poole, in Ireland, an action be attended with bad confeof false imprisonment; and issue quences to the fundamentals and joined on the plea of Not Guilty. balance of our conftitution ; as

indeed is, generally, the case of Part of the judge's direction to the breaking any of the limits which jury.

the law hath settled for the several

offices in its adminiftration. I S to the damages, I must have sometimes known juries fall,

observe, that in cases of in- by mistake I presume, into a juries to particular persons, the wrong behaviour in this particulaw hath instituted civil actions lar; and they have made themfor the recovery of such damages felves censors of offences against as the party has sustained by the public intereft, when the law oninjury; and the quantum of the ly appointed them arbitrators for damage the jury mult determine, valuing the private loss of the upon the circumstances of the evi- party. dence.

Therefore, it is expedient to It often happens, that such inju- warn you, that this action is not nies are involved in, or comprize, for punishing the usurpation of crimes of a public nature ; but this a jurisdiction by the court of consideration, as it really is in it- conscience againit law : the profelf , ought to be kept distinct by ceeding for this purpose must be

and the punishment of the in another method : but you are crime, as it affects the public, and only to consider what damage the as an example to stop and deter plaintiff has sustained by this arothers, belongs to another method rest and imprisonment ; and upon of proceeding, viz. a prosecution this point, you are properly to on behalf of the public, under the confider his condition in life, and prerogative of mercy dispensed by what he hath suffered in person,

juries ;

property, or even fame and cha

racter

i

the crown.

racter ; and, on the whole, to Lord Holland's black horse, proportion his compensation to Paymaster

2d. what you really think his loss; but Lord Halifax's brown mare, public interest or example are not Falconer

3d, proper for your consideration on this Sir Francis Dashwood's forrel accasion.

horfe, Redstreak

4th. His readiness of submission to Duke of Newcastle's grey horse, the warrant has been urged as a Smuggler, aged, fell lame desire to go to gaol; and fo, upon in running: the principle of Volenti non sit in- Marquis of Rockingham's juria, pressed as an argument to Swiss

dr. fhew, he could not be hurt by Lord Ashburnham's Ranger ditto it. This seems very strained ; for Lord -Kinnoulis Lancaster, dishe could not avoid gaol but by tanced, owing to his being rode paying

in a Pelham bit. Make the plaintiff what, on Duke of Devonshire's Old Whig, your oaths, you think an amends ran out of the course. for the damage he really sustain- Henry Bilson Legge's Southamped; but public considerations of ton, paid forfeit. correction, punishment, or reform- Mr. Wilkes's horse, Liberty, rode ation, are not your business or duty by himself, took the lead at at this time,

starting ; but being pushed hard by Mr. Bishop's black gelding, Privilege, fell down at the

Devil's Ditch, and WESTMINSTER RACES. where,

was

no

1762-OCTOBER MEETING. 1763-OCTOBER MEETING

2d.

ORD Bute's Favourite (the

King's PLATE. noted Scotch stallion) won the king's plate; beating Mr. Duke of Bedford's horse, PrePitt's famous horse Guide (who sident

ift. had won several plates in dif- George Grenville's Gentle serent parts of England) and Shepherd lord Temple’s bald faced mare, Lord Sandwich's Jemmy TwitMoll Gawky.

cher

3d. Betts before starting-Favourite Lord Egmont's King John 4th. againit the field.

Charles Towníhend's horse, Trim.
mer, ran on

the
wrong

side of the 1763--SPRING MEETING.

post.

Mr. Pitt's bay horse, Guide, was Noblemen and gentlemen's great in training for this match, and subscription.

expected to enter at the pott, but

went off. Lord Bute's dun horse, Trea- General A Court's horse, Major, SUTET

ift. col. Barre's Governor, and gene

ΤΗ

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tal Conway's Dragoon, paid for- Heads of the militia bill, which feit.

received the royal assent on the Great expectations from lord Shel- 24th March, 1764.

burn's colt, but he ran rusty ;
and it is supposed he will not HE sum of 20,0001. being
start any more.

Some knowing- granted to his majesty, upon ones, who had backed him for a account, towards defraying the considerable fum, were taken in charge of pay and cloathing for deep.

the unembodied militia, for one Mr. Luther's colt, four years old, year, from the 25th day of March,

weight 8ft. Alb. beat Mr. Con- 1762 ; in order that the charge of
yer's Freehold, aged, weight gst. pay and cloathing for such militia
-It was observed at starting, may be duly and properly defrayed
that Freehold carried too much and satisfied.
weight. However, it is thought Where the militia is or shall be
he would have won the heat, raised, but not embodied, the re-
had not a person, belonging to ceiver general of the county shall
one of the public offices, cros- issue four months pay in advance,
sed the course whilft he was run- according to the establishment of
ning.

pay here set down ; that is to The sweepstakes, over the duke's lay, for the pay of four calendar

course, was won hollow by lord months in advance, at the rate of Albemarle's Havanna from a 6s. a day for each adjutant ; 1s. great many others. But dif- each serjeant, with the addition of putes having arisen, whether or 2s. 6d. a week for each serjeant not Havanna was duly qualified, major ; 6d. a day for each drumpart of the money is detained in mer, with the addition of 6d. a day the hands of the clerk of the for each drum-major ; five-pence course.

a month for each private man and

drummer, for defraying continAPRIL 11.

gent expences ; and also half a

year's salary to the regimental and The second great match was battalion clerks at the rate of 501. decided between the two fa- a year, and allowances to the mous Persian horses, Mr. Suli- clerks of the general and subdivivan's Leader, and Lord Clive's fion meetings, at the rate of 51. Nabob. Though Leader won 5s. for each general meeting, and at the former meeting, yet he 30s. for each subdivision meetbarely faved his distance this ing; and pay for cloathing of the time. It is said this remarkable militia after the rate of 31. 10s. difference in his running, was for each serjeant, 21. for each owing to his having changed his drummer, with the addition of rider.

203. for each serjeant-major, and Odds at starting-Six to four on each drum-major; and where the Leader.

militia hath not already been copy

of the race list. cloathed, or not been cloathed Witness my hand, within three years, 30s. for each

HEBER, jun. private man.
Vol. VIL

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The

A true

The above sums shall not be of exercise, they shall certify the paid, if pay has not before been same to the receiver general, speissued, till the lord lieutenant or cifying the number of men and deputies shall have certified to the days they shall be absent from treasury and receivers general the home. The receiver general shall inrolment of three-fifths of the men issue thereupon pay for the men to and officers.

the regimental clerk, &c. who shall The money thall be ifsued by pay over the fame to the respective the receiver general to the clerk captains. of the regiment or battalion (ex- Captains shall make field returns cept the allowances to the clerks to the commanding officer ; and of meetings) upon producing the keep an account of every day's warrant of his appointment; and exercise, to be examined and comfor independent companies, to the pared with the return. respective captains, or to their or- Captains shall make up their acder ; a second payment shall also count of all monies received, by be made within three months after way of debtor and creditor, to be the first, and a third within three figned by them, and countersigned months after the second. Receipts' by the commanding oficer, and deof the persons to whom the money, livered, with the balance, to the shall be so paid shall discharge the clerk, or receiver general; which receivers general.

accounts shall be allowed to be fufThe regimental and battalion ficient vouchers at the receipt of the clerks shall pay and advance one exchequer. months pay to the adjutant, and During the time the troops are two months pay to each captain, embodied, and called out into acfor the serjeants, serjeant-major, tual service, and receive pay as the drummers, and drum-major, and king's other forces, all pay from the contingent expences of his com- receivers general shall cease. pany. Captains shall dittribute The clerk of the general meetthe pay accordingly, and accountings shall be paid his allowance, for the fame yearly, to the clerk ; upon producing an order from the or, if an independent company, lord lieutenant or three deputies ; to the receiver general ; and pay and the clerks of the subdivision back the surplus monies in his meetings, upon producing a like hands, except the contingent ex- order from one deputy lieutenant, pences, which shall be accounted which orders shall discharge refor, and applied to the general use ceivers general. of the regiment, &c. Captains of Regimental and battalion clerks independent companies shall distri- fhall give security for paying and bute the pay to their men, and accompting for the monies re. apply the money allowed for con- ceived by them; the bonds fball tingent expences,

be lodged with the receivers geThe clerk shall retain money in neral, and put in suit by them his hands for his own salary ; and on non-performance of the con. shall discharge the cloathing bills. dition ; and they shall be intitled

When the lord lieutenant, and thereupon to full costs and charges, deputies shall have fixed the days and 51. per cent, of the money re

covered ;

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