No special damage was stated. The defendants pleaded
merely non assumpsit Both before and after the commence-
ment of the action a correspondence took place between the
defendants and the plaintiff and his attorney, in the course of
which the former clearly admitted their liability to him in
respect of this transaction. The plaintiff, however, remuned
in this country until the cause was in the paper for trial,
which was on the 1 7th of December ; and then it was agreed,
before the case was called on, that the plaintiff should have
a verdict for 40J1, undertaking that no fiirther action should
be brought. Upon the taxation of costs, the sum of ZOL
was claimed fur the plaintiff^i maintenance in this country
from the 7th of September to the 17th of December, which
the Master refused, on the ground that he was not a sea-
faring man, and also that the expense of his maintenance
was covered by the damages.
