The Sun.
London, England, 1804-06-07 00:00:00

HILLS v. EXECUTORS OF HILLS.

Mr. ERSKINE moved to set aside the nonsuit ob.
tained iii this cause. Io the year 1788, the deceased
was indebted to his mother, the Plaintiff, in 7001,.
and wishing that the Plaintiff, who was an old mati-
ner, should live at home, he was desirous of paying
this stun by way of an annuity during life, of 841.
for which purpose a deed was executed in the above,
and the annuity continued to he paid till the year
1792. The deed not having been registered in dun
tune, according to the ACt of Parliament, the de-
ceased thought fit to take advantage of this Aa,
anti refused any farther payment. An anion was
then brought by the present Piaintiffagainst the de_
ceased upon the Annuity Bond, to which he plead-
ed the Annuity Act, and the Plaintiff thereupon
could not proceed. The present adion was then
brought as for money 11,1 d and received to the
Defendant's use, to which hP pleaded the usual
plea, and the Statute of Limitation. Issu', was then
taken. He then pleaded a set.cff, and the Plain.
tiff, to prevent his set ting_off the sums he had paid,
replied the Statute of Limitation to the plea of
set-off, and thereupori issue was joined. On the last
trial, hiS Lordship (Lord ELLE NBOROC'GH) was of
opinion, that the plea of set-off was not a good plea ;
but the Learned Counsel trusted the Court would do
every thing in their power to carry this unfortunate
Plaintiff out of the Annuity Ad. It the D:fendant
had made any declaration tantamount to an acknow.
ledgment of the debt within six years of the tits
when the aftion was brought, it would take it out
of the Statute of Limitations, which; by his plea of
the Annuity At the Defendant had done ; he con-
tended, that the Defendant's plea. of the Statute 6f
Limitations could not be sustained,but -the
could.

The Curt observed, that the Pianriff had re..
ceivedmore payments from the atfendapt than were
sufficient to extinguish the whole of the considera-
tion-money, and the compound interest. There
was no gr3und for setting aside the non-suit : it there
was an acknowledgment of the debt, it bad long
since been discharged.

Frin the L'JNLYON GAZETTE, lutie 5, teo4-.

Co:no:Lula:1 in the Northumberland sive] by the Lord

Lieutenant.

The Right I-Tom-George Rercy,.corninbnlY Lord' Lo.
vaine, to be Colonel, vice lohn Reed, Esq. resigned. .Dated
IN.lay 17, •1804. The Right -Hon. George Tercv, corn-
nionly called Lord Lovaine, to be Lieutenant Colonel.
• Dated March 3, 1504. Ralph •Ntes, -Esq. to be Lieute-
nent-Cclonel, . vice the Right Hit: George Lord Lovaitte,
promoted. Dated. May" 17, 1804. Robert Ogle, Esq. to
he Captain. Dated 06. 13; iBo3.
To bel.leutentants—loseph,Fetivvick, Gent. Dated Sept.
6, 1803. John Blaylock, Gent. Dated as above. John
Gooch, Gent. Dated Dec. 23, 0303. George Salvin,
Ccnt. Dated-lan. 3r, 184 William Collingwood, Gent.
Dated April 9, 1804. Charles Forster Charlet9n,, Gent.
Dated May 17, 1804. Thomas -Henderson, Gent. Dated
as above. John Gray, Gent. Dated May 21, ISO 4. •
Commissions signed hy' the • Lewd Lieutenant of the County of
,Northumberiarid. Dated Dec. 7 1.803.

!To be Deputy-Lieutenants—Geo. Aclam Askew, Esq. llrm.
H:iinbricige, Esq. Wm. Clark, jun: Esq. Wm. Lin-
skill, Esq. Francis Sitwell, Esq. john Smart, Esq.
Wm. Smith, Esq. - Ralph Sparke,.Esq.

COMIIIiI.Sion signed by the Lord Lieutenant of the Town and County
of INLt wcast pon- Tyne. Dated Dec. 7, 1083.
Thomas Smith, Esq. _

birhe Essex Militia,,sigued by the Loi,ei Lieutenant.
-Western Regiment. john Eyre -Massey Small M'Donald,
Gent. to be Ensign. Dated Acch 27, tBo4. William
rownley rinkey, Gent. to be tdttu. , Dated March 2S,
1804.
Southern Regiment. Lieutenant Charles Elaselfoot to he
Captain, vice, Ably, resigned. Dated April It, 034.
Ensign Parry Mitchel to be Lieutenant. vice Wood, re-
signed. Dated April, 14, 1804. Ensign Thomas Vaughan
to be ditto, vi.-.e ilaselloot, promoted. Dated April 15,
iSo4. George Ravencroft, Cent. to he Ensign, vice
Ntitt-hel, promoted. Dated April 18, 1804. Win. Walker,
Gent. to be ditto. Dated April 23, 1804.

Ordnance-Office, Yll7l' 5.
Corps of Rural Engineers.
(.;:.-.ritleman Cadet Con:Aantine D'Arcy to be Setond Lieu-
tenan't, vice Harding, promvt;:ci. Dated Feb. 1, 1804.
Henry Vawsgur, Cent. to be ditto, vice fluste, promoted.
Dated as above,. Gentleman Cadet Edmund Mulcister to
be. Second Lieutenant, vice I. R. Wright, promOted. Dated
March a, 1804. Matthew Stewart, Gent. to be ditto, vice
Lewis, promoted. Dated as above. Samuel- Romillv,
Gent. to be Second Lieutenant, vice Dickens, promoted.
Dated April 1, 13.4. William Payne, Gent. to be ditto,
vice Smart, promoted . Dated as above.
Royal Regiment of Artillery.
Captain-Lieutenant Edmund Currey to be. Captain, vice G.
Lind-ay, retired. Dated lune a, 1804. First Lieutenant
William fenny to .be Captain-Lieutenant, vice Currey.
Dated as above: Setond Lieutenant EtiVivard Barlow to be
-First Lieutenant, vice jenny Dated as above.

Ccdvpan_y of Foreign:4,lMo), soving in the West Indies.
Wilhelm Ehrhardt, Gent. to be Second Lieutenant. Dated,
lune 1, -

INVERNESS, MAY 25.

THE NORTHERN INFIRMARY.

THE Managers having intimated that the North-
,ern I fi!mary would be opened -this day, the Hon.-
Colonei FRAit R, Of LaVat, the Sheriff of the Conn;
ttv, rl.- Clergy, Medical Gentlemen, -and all the
.birants of the town and neighbour.
hood, were Town-L!1 by the Pro-
vost, M,gisuates, and•Cou7,k-iii and walkeJ from
thence in ricession to the I; Ermaty, where, after
a very appropriate prayer from the Rev. Mr.
ALEXAND R FR AsE R, senior Minister, and a suit-
Are adore float the Provost, the doors were
f.rown open.

The constralion and furnishing of the house
were .then surveyed, and the regulations for its go.
,I,,t!z:chr read : the whole were found to be most
vily calculated for purposes so interesting to
lxinallity.;- and when the public were informed
th Patients would be received on Friday next,
rE st day _of June, j;:y beamed on every coup.
The cOritributors' to this -laudahle esta_
itiillment must feel liigl,ly gratified that t;:eir bcur._
volent exertions, in atd of suffering humanity, are
thus far fulfilled ; hur, to dlffthe tk.em over so wide
a district, continued. .aids will be required, and
doubtless ,wi.l be-bberally advanced.

liomines ad Deos nulla res ptoprius accedunt
Quam salutcm homillibus dando.

The Gentlemen dined together, drank many loyal
and Ntriotic Toasts, and passed the evening with
coidial. and ,rational festivity. A Pcetn written
on the occasion by the. Ciachnnudden B.:td, was
read, and received' with • reiterated plaudits, and
ordered. to be printed.

The resort that the EMrFROI: NAPOLEON. in-
tends to institute a National,Order at his Corona.
lion, prevails throughout Paris. Some say, it is
to he entirely a Military Order ; others, that every
Member of the Legion of Honour is to be a knight
of it ; others agaio,.that it will contain certain-gra.
dations of Commandiurs, with the Grami Cross :
Cornmandeurs, with the .Small Cross ; Knights of
the Grand Cross, and of the Small one : the latter
are to wear their Order, as the former Knights of
•St. Louis, in their button-holes. The ribbons are
nor, as formerly, to he red or blue,' bUt tri-co-
loured. Some pretend ;,:rat the Empreq JOSE-
PH:NiI will, at the•same time, institute an Order
for Ladies, called The Order of Friendship and Fi-
delity, which will be the reward of those females of
11 racks, who, during the Revolution, have shewn
friendship, fidelity, or c,Airage, it defending or at-
tendinb their persecuted husbands, parents, and rela:
tives.

An AuEtioneer last week, disnosing of the effeEts
cif a Gentleman in a town near Gloucester, whilst in
the aft of selling a pair of candieticics. and exelaim-.
ing, just a-going," a person incautiously pulled
the trigger of a pistol on sale, which.grazed the
cheek of the Auctioneer, and lodged the shot in a
windOw frame before which he stood.