1788-12-03 (static/transcriptions/1788/12/111.jpg)

Succeeded by Morgan.

Deft’s Counsel here closed their Evidence.

Mr. Martyn desired leave to mention to the court a case which he had omitted yesterday.

It is Bellasys & Ux v Churchill & Castle, in 2 Vernon 682.

Bill by the Plaintiff as Administratrix to her Brother, Captain of a Company in Colonel Churchill’s Regiment of Marines, for an account of his personal Pay, and the pay of his Servants, and the Pay of the Company.

The Defendant Colonel Churchill, this Agent, the Deft Castle insisted, that the Plaintiff was only entitled to an Account of the Company’s personal Pay, and Pay of his Men, and not for the Pay of the Company; although they seemed to admit, that a Captain for Land service was to recruit his Company, but would have it, there was a difference, where he was a Captain of Marines; or if the Captain may be entitled, yet his administrator was not. Sed non allocator.

Decreed the Defendants to account, as well for Pay of the Company, as for the Captain’s personal Pay, and Pay of his Servants.