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prosecute, and make effectual such forfeiture, in the name and for the behoof of his Majesty; and such is likewise the [420] practice in England; for in the present case, relative to the said ship and her cargo, one of the appellants, George Gostling, junior, Esq. his Majesty's Procurator General, in his office of Admiralty in England, is the only prosecutor in the High Court of Admiralty of England for the use of his Majesty.

But after hearing counsel on this appeal, it was ordered and adjudged, that the interlocutors therein complained of, should be reversed. (MS. Jour. sub anno 1779. p. 402.)

Sophia Stuart was entitled to an annuity of £200 during her life, under the will of her father, Sir Simeon Stuart, deceased, who had charged his estates in Hampshire with the payment of it. Sir Simeon Stuart, the son, who, at the death of his father, became entitled to the estates, subject to the payment of this annuity, suffered it to run in arrear to the amount of £2000 and upwards, at the death of the annuitant.

The said Sophia Stuart died 1st July 1779, having first made her will, and appointed the respondent her executor, who proved her will, and thereby became entitled to the arrears of the annuity.

The respondent employed the appellant, who is an attorney, to recover the arrears of the annuity, which he did, and received to the amount of £1659 17s. 5d. but never paid the same to the respondent; and therefore the respondent, in Easter term 1782, filed bis bill in the Court of Exchequer against the appellant, and thereby prayed an account of the movies received by him, in respect of the annuity; and also an account of the monies owing to the appellant for his fees and disbursements; and that the balance might be paid to the respondent.

The said appellant, by his answer, said, he went into Hampshire, pursuant to an authority from the respondent, for the recovery of the arrears of the annuity; and that he paid, laid out, and expended, divers sums of money in post-chaise hire and other expences on that occasion; and that the appellant made several other journies, in the lifetime of Sophia Stuart, relative to her affairs, and laid out, expended, and paid divers sums of money on those occasions; and believed there was very little, if any thing, due to the respondent, after the appellant had had all fair and just allowances made him.

[421] To which answer the respondent replied; and a witness was examined on the part of the respondent, who proved a letter signed by the appellant, in which was stated an account of the clear monies received by him, and that the same amounted to £1659 17s. 5d. in respect of the annuity, after making allowances to the tenants for taxes and other outgoings.

The cause came on to be heard on the 6th of February 1783, when the court ordered and decreed, that it should be referred to Francis Ingram, Esq. the Deputy Remembrancer, to take an account of the monies received by the appellant, in respect of the annuity; and also an account of the monies due and owing to him, for his bill of fees and disbursements. In the taking of which accounts, the Deputy was to make the parties all just allowances.

The respondent, on the 18th February 1783, left his charge on the appellant in the Deputy Remembrancer's office, which consisted of the said sum of £1659 17s. 6d. and the respondent, on the same day, served the appellant with the copy of a warrant, on leaving such charge; and afterwards took out seven different warrants, to proceed