By the Court
:—We do not think that this charge ought to be allowed. The general pra£lice of the United States is in opofttion to it; and even if that pratftice. were not ftridtly correct in principle, it is entitled to the refpeét of the court, till it is changed, or modified, by ftatute. ; ■
There are feveral ways in which the- charge may be expunged: l?ut we recommend, as, perhaps, the eafieft way; that the counfel for the Defendant in error, ihould enter a remitti . tur for the amount. .
A remittitur was accordingly entered.