The Sun.
London, England, 1802-01-28 00:00:00

PAYLER V.. DUNLOP, BART.

This was an Action tried at-the same Sittings at
Westminster. It was brought
.to recover from the
Defendant, who was the Colonel of a Fencible Re-
giment; the sum of 4001. paid to him by the Plaintiff's
father on account. of the ',Plaintiff, upon the faith, as
it was alledged, of a promise made by the Defend-
ant to procure for_ the Plaintiff a permanent rank
and pay in the Army, which promise he had not
performed, and it was also alledged that he had
taken the money in direa, contradittion to the Letter
of Service which authorized him to raise the Re-
giment._ It was alledged on the part Of the De_
tendant,.with respea to the form of the aftion, that
it ought to have been a Special Aftion for the deceit,
.instead .of being for -money had and received, and
with respect to the fitas, that the Plaintiff was not.
decei7ed, as he knew he was. not to have any per-
manent rank or pay, and thatb an arrangement had
been made-with the consent of the Officers of the
Regiment; among whom was the Plaintiff, by which
the spirit of ;he Letter of Service was complied
with. The jury,, however, found a Verdia for the.
Plaintiff with 4.001. damages,
Mr. Serjeant Ccertett, now tnoyed for a new
trial upon the same ground
_relative to the form of
the aaion, and also that the Evidence on the 'trial
was in favotir of the Defendant, . The Plaintiff's
right to bring the aftion was also disputed, the
father having paid, the money to the Defendant.
- Lord ALVANLEY was of opinion that whatever
arrangement the Defendant chose to make incon-
sistent with the Letter of Service, he ought first to
have obtained the King's consent. -
Rule to shew cause granted.

Mrs. BILLINpToN is, out of all danger, and is
soon likely to resume her musical exertions. Her
illness was so severe that the most fatal conse-
quences were apprehended.

HOLMAN is performing with success at Dublin.
He is-preparing the new Tragedy of Alfonso for his
benefit. • His friend REYNOLDS'S last Comedy;
Folly' as it Flies,' has been represented several times,.
and is a great favourite with the PUblic. •
The Family Of GvlLvFoß.ti, as' may be readily
supposed, are inconsolable for the losa recently
sustained of the only Son and Heir to that noble
Family.
Monday morning a.ciuel was fought in a field at
Boxley; between Mr. F and Mr. W-,
two Officers of the Depbt, who after exchanging
one fire each, by interference of their seconds,'
all differences were happily terminated to the honour
'of the parties concerned.
The Irish Papers contain a Petition from a Pota_
toe, that the good. People of that Country would
plant from the . shoots in . place of scooping.and
ting, as, generally pra&ised, by which much food
might be saved.--This is worth attending to.
A Letter from Constantinople, dated the rc?th
,of December, states the arrival of the CAPTAIN
PACHA on the 7th,' with the -greater 'part 'of
the Ottoman Fleet. The reception he exile.
rienced 'was of the most flattering kind, and the
GRAND SE IGNOR, to mark his high approbation of
:his condua, bestowed on him a number of splendid
presents. Previous to the departure of the Fleet
from Alexandria; it is said that the Beys were re--
duced to obedience, and that the new Administration
of Egypt was organized. It is to consist, as in the
other provinces of . the Turkish • Empire, of the
Government of a Pacha, under whin there will
be a number of secondary Governors. The Chief'
Governor is to .be a Pacha of three tails, whose
residence is to be -fixed at Cairo, while those
under him are to reside at Damietta, Rosetta, Alex-
andria, Aboukir, and places where it may be judged
necessary. It is in contemplation. to strengthen the
fortifications in all the Towns situated on the Coast,
and the new works are w be carried on under the
superintendance of English Engineers. General
HUTCHINSON had withdrawn from Egypt pre-
vious to the Paella's departure, and had taken with
him the great . body of the English forcei., The
misunderstanding- betwixt Gen. HUTCHINSON and
the GRAND VIZIER was previously settled. Indeed
it is mentioned in the conclusion of the Letter, that
the English General who. succeeded Lord Hurc H I N
SON, had refused to give up the Beys into the GRAND
VIZ I ER's hands, they having put themselves under
the 'notation of the British'Army.

PER

• ,
A Captain-of :Met% thin Ship
sdnimoned [Aire the Lord Mayor, charged by thi
Harbour,Maker fo.r iMproperly,mooring his Ship in
the River, and iecusi!lg to rern,we her When notice
was gi.yen f6r that Rurrie, The Captain, by ar`.
terpretyri told his LOrdship he was a perfect strand'
to the Law of, the Mver-Thame,;,
_and as tuch
trusted the care of his Ship to a. Pilot, to carry hei
from Greenwich to Fresh- Wharf; near London
Bridae ; that he was not do board himself, and did
,-0
not know where the Ship was moored till after,'wheri
he sent to thePilOti whO sent word that the Captain
had nothing to do with the anir. •

John BuThnell, who aCted as Pilot in this case,
confessed he had brought up the ship RevOlution
from Greenwich, and had moored her off, St. Ca.
therine Stairs, being safer, as he thought,'than the
Wharf; likewise Owned haying the order to remove
her within rz hours, according to Aa.of Parliament,
but persisted it Was the Captain's- fault, who gave
.him orders. The Lord' Mayor; with great pal
tience, heard both sides, and -said, from what .he
had heard, he certainly .thought the Pilot was to
blame; and he under Stood this was not the first time
he had been complained of, the penalty for which
was ten pounds ;. but as he had an aversion to fines
arid pepalties, he should' mitigate. it to one half.---4
This the Pilot demurred at vaying, when his Lord;
ship ordered a distress to be levied against hi pro.
pertys, as.an example to others. .

At _ a :Meeting of the .Nobleinen, qentlemen,
Clergy,
.and Freeholders of the County. .of Gal_
way, held by public notice from ;he High She-
riff', on Thursday the
.7th of January inst. the
following Address to the Earl of CLANRICARDE,
Lieutenant-General, .&c. was , pwposed and
unanimously agreed to.

MY LORD,
We, the Noblemen, Gentlemen, ClPtgy, and Fredhelclers
of tpe County of GalwayNitssembled at Loughrea, by spub4
notice froth the High Sheriff, cannot omit this opportunity
of you7llll.emoval from the Command of the Western Distrif,
to express the high senseof the benefits that r,:sultea from
your distinguished exertions in that situation, combining the
penitration of a Statesman with the prompt, activity Of a
Soldier.

We have not met here to itilliwire into the cause that has
put an end,to your Lordship's military power in this Coun.;"
try, but we feel great comfort in reflecting, that that step-,
was taken at a time when_ your abilities were no longer ne-
cessary. ,
We are fully sensible that your professional talents would •
have produced the best effects, even where yotir rwriie,,arr
family (whose marked characteristics for centuFiei back nave
been loyalty) were unknown ; but here they could net but
be, as in factthey were, decisive, whet' combined with your
property, high influence, and'general pop‘ularity.
We beg leave to assure your • Lordship, that your. private
virtues, and public conduci,' have made an impression that
cannot be obliterated front the hearts of your grateful Conn..'
trymen.

WALTER BUTTER, Sheriff.
The High Sheriff having left the Chair, and
Ch#RISTOPH•ER ST, GEORGE, Esq. being caned_ to
it, resolved, that the Thanks of this Meeting bd
given to oar worthy High Sheriff, for his readiness
in convening the Couhty, antrhis very prOper con.;
duet. in the Chair. • . •