
    The State against Gaillard.
    
    Under the amerciament act, although is*6 precluded ingmy°thing against the state, unless his account is delivered m m time: yet he himself against the state, to the amount of his discount.
    CASE for 12 per cent, on the defendant s estate, under , . , the amerciament law.
    Discount pleaded to the whole of the demand, for sundry articles taken for the use of the American army, during the ^yar.
    To which it was objected, that as Gaillard had not given ... .. . in. his account to the commissioners, within the time mentioned in the act of 1785, he was now precluded from it-But,
    
      
       This case was omitted among those of 1792.
    
   By the Court.

Although the defendant is by that law precluded from recovering any thing from the state, yet he may still defend himself against the state to the amount of its demand. He is not entitled however, to the balance which his account exceeds the demand of the state, under the discount law, though he is entitled to a verdict in his favour.

Verdict for the defendant, but without costs.  