The Sun.
London, England, 1803-06-02 00:00:00

SIR HYDE PARICER, V. CAPTAIN MILNE.

This was an Alion for money had and received
by the Defendant for the PlaintifPs use.
It appeared that Sir Hyde Parker, the Plain.
tiff, was Commander in Chief on the Leeward Is-
land sia,actn, and Captain Mitpe, the Defendant,
%vas Captain of La Pique, a Frigate in His Majesty's
'service, and was part of the Fleet under the com-
mand of Sir Hyde Parker. This ship was sent home
by Admiral Hervey,. who was Commander in Chief
before Sir Hyde Parker came on, that station, and in
the course.of the ship's corning home, with a large
convoy of merchantmen, she totk two: prizes, and
Sir Hyde Parker, as being the Commander in
Chief of the station from which the .ship departed,
claimed his share of these prizes. The ship had
gone away before he came on that station, and, re-
ceived no orders from him, bud received her orders
from the other Commander in Chief, who was su-
perseded by the arrival of Admiral Sir Hyde Parker,
who wits his Senior. The fati was, that Sir. Hyde
Parker arrived on this station before the capture of
the ships, and therefore he insisted that be was en.
titled. to his share of the prize. There was no
doubt that the Plaintiff .vas on the station as Com-
mander in Chief, and atied as such, when the cap.
flirt took place, but my Lord BLIANBOROUGH was
of opinion that he was not entitled to a .share ,of
these prizes, because the order has not proceeded
from him, and he was not on the spot when the
ship &parted, otherwise he might be entitled to
all the prizes On all the stations where he might
happen toile, by running up and down.the different
place. in the service. That the' Plaintiff was not re-
sponsible for the order under which this ship abed,
but the Defendant was, and therefore be. was .the
person who ought to reap the .fruits eal that ord4.
Upon which the Plaintiff was non.suited.

MORGAN AND OTHERS, V. RICHARDSON.

—The Plaintiffs deal, largely in hams, &c. The
Defendant is a Captain of an East India ship4They
furnished him with hams, and dreW a Bill of Ex.
change upon him for r 7681. which Imacceptedi pay.
able at eighteen months. When the bill became
due, and the Delendaot had retustit4from his voy.
age, he resisted the payment of this• bill, because
lie said that she hams were almost good fur no.
thing •when they cattle to the India Market, but he
eaid into Court 8401. and having paid that •mnney
rd ELLErlicalttlUGlT was of opinion that,was° an
acknowledgment of the Plaintiffs' cause of /idiot',
and the agreement being specific, spoke for itself,
anti could tint be altered, and therefore the Plain.
tiffs were entitled to recover the balance of the
stun agreed to be paid by the Defendant for those
goods. If the Plantiffs had delivered to the De.
tendant a commodity different front what he bought,
he might have his /Wiwi against .them, but he
could not resist this claim.
Verdi& for the Plaintiffs Damages 9801. 2s. 3d.
which :ogether with the sum paid into Court, made
up the whole of the Plaintiffs' bill.

ErstioadtmoN.--The report !wide to the Fkusr
of Commons from the Committee appointed to ex-
amine into :the Survey of the Coasts anti Central
Highlands of- Scotland, gives an account of the
Emigration during the Sears ISot anti tBoz. The
places to which the Emigrants have gone, the nom.
hers in each year, anti the totals of both years to.
gethe'r, are as follow ,
, ErnigrAted to in !got. in tgaz. in both.
NovA Scotia, - . 069 59h 867
v ker ,Caoact.t, - 2073 . 2173
Clineltreton, - NO 340
(luitcd t
e,B a A 111CriCa, 73* oo 730

Totals,

79 )

3311 4;o

1.„ L 311 DON C AZETTE,,.IIIa.y 3T) 1803.;

Cinuntii.s::ns in rue Royal.FlintsU dire Militia, sigg tke•L6ri
Lieutenant..

Rpbert Cochran, Esq. to :be, Captain, by Brevet: Dated
April 24, 0303. ,
Thomas Hamner, Esq. to be Captain, Dated May 14, 0803.
john Taylor, Gent. ta.be Lieutenant, Dated April 24, 1803.
Commierloo Lt the Leicestershire Regiment of. Militia, •signed
by the L.id Lieutenant. . •
•
George Nobler Gent. from the Half.paj, off' the 05th Foot,
to be Captain of a Company,' vice Welly, resigned. Dated
March 20, 1303. -•-
J. B. Story, Esq. to be Captain of a Company,
‘vice King,
resigned. Dated April 11, 1803.
Lieutenant john Harris Arnold to be Captain of a:vacant
Company. Dated May 11, 1803. -.. •
Ensign Hugh King to be Lieutenant, vice Freer, resigned.
.Dated April ag, 0103.
Ensign H. Crotty to be Lieutenant on the Augmentation.

D.iied as above • -
. . .
J. H. Holmes, dent. to be Lieutenant on the Augmentation.
Dated May it, 18&3.
Ensign John Crotty, from the Northumberland Regiment of
Militya. to be. Ensign, vice Hugh King, promoted. Dated

April 29, tBO3.
Peter King, Gent. to be Ensign, vice Crotty, promoted.
Dated as above.
7'. P. Hopkins, Gent., to be Ensign, on the Augmentation.
Dated May t I, 1803.
Ensign P. King to be Quarter-Master; Dated March t 1, tBc:,3.
Commissions in the Roval Regiment of 111.mtgomeryshire Mi-
litia, signed ly the Commissioner: of, Lieutenancy for the said
County,
Edw. Lloyd, Esq. to be Captain. Dated April 30, 1803.
Thomas l•arrper, Cent. to be Ensign. Dated April 18, tBo3.
John kiwis, Gent. to be Ensign, 'Dated May t 2, 1303.
Commissions signed 6y the Lord Lieutenant for the Couto of
Montgomery. Dated yanuaty 3, iSo3..

To IN Deputy I.ieutenants,-.--Th Hon, Henry Fleming Lee
Devcreux, nevereur. ltil.tton, M.D. Maurice Meares,-Earl.
.Arthur DAvies Owen, Ce4rge ;*{oho
Davies f'.sq. .Rich,rd..lllryee,, Es(L. i'ryce Jones,. Esq.
tVythen Evens.. Esp..: Willi int Brown, Ckrk. • Charles
Winsfield, Clerk. Edward Lewis, Clerk. John Hughes,
Clerk.

C4iftmitnione signed thr Lord Lieutenant .'he Cowry
Dated March t 6, t ; .
To be Deputy Lieutenants--The Hier lion. George Lord
Kenyon. sir Thornas Mostyn, Bart. Sir Stephen Richard
Glynn, Bart. Maurice Wynne, LI.. D.- Thomas ll.innter,
Esq. Ow 4 Molyneux Wynne, Esq. Richard C;arnous,
Esq. folin ingleby, Esq. John Conway,.Pottcr,
Omni: dome in the Essex Militia, signal,' the L;rgt Lieutenant.

Latern Rer;iment.'
Charles uest,Gent: to be Lieutenant. Dated May 2, t 8.3.
- Weitern Regiment.
Captain Richard Townsend, from the Half-pay of the 54th
Regiment, to be Citptain. Dated May 19, 1303 .
Lieutenant and Adjutant lames Wilson to be Captain, by
Brevet. Dated as above.
Ensign John- gazeley to be Licutenaht, vice Fowle, re.
signed. Dated.M.iy 7, iBo3.
Lieutenant Geo. Blissett, from the Half-pay of the 52(1Regl-
ment, to be Ensign,vice Gazeley, promoted. Dated as above.
Charles Shillito, Gent: to be Surgeon. .Dated as above.