case thomas Harrison appellant robert dorm and other respondent that may Mews  dig I a be colonel of a regiment contract with b for the cloth it by a limit  time and assign to b the off reckon of the regiment to pay for such cloth  before the time appoint for the delivery of the cloth expire a sell his  commission to c the treaty for this sale and the king approbation of it happen  before the contract with b but c s commission be not date till some month  afterward upon a question whether under these circumstance a have a right to  contract for the cloth of the regiment it be hold that he have and to do every  other act as colonel thereof so long as he continue on the musterroll which be  till the date of c s commission in queen whether appoint the appellant colonel  of a regiment of foot and king George I by a commission date the saint of June  continue the appellant colonel of the same regiment brown the regiment be in  Ireland when the rebellion break out in Scotland in the year order be give out  for augment each regiment with man and the appellant have complete this  augmentation for his own regiment order be give by Lord Tyrawley the general  for its be immediate cloth that it may be ready and fit for service accord the  appellant on the that of December contract with the respondent Macgwire for  the cloth of his regiment and the off reckon be by the custom of the army in  that kingdom to be apply for the payment of the cloth the appellant be by the  term of his contract to procure the government warrant to be deliver to the  clothier for these offreckonings which amount to pound S d and a assignment  thereof be make accord the pattern for the cloth be approve of and seal by the  general who sign such his approbation upon the contract and the deputy  ViceTreasurer also certify that the sum therein mention be necessary to answer  such contract the cloth be accord prepare great part of it actual deliver to  the command officer and the residue ready to be deliver but on the that of  march about twentyfour day before the time appoint for the delivery of such  residue the respondent dorm have purchase the appellant regiment for pound  obtain the king commission of that date appoint he colonel thereof in the room  of the appellant some month prior to the date of the contract videlicet in  August the king approbation of the respondent dorm succeed to the command of  this regiment be notify to the appellant by a letter from the then Lord  lieutenant of Ireland and hence it become a question whether the appellant  after such notice have aright to contract for the cloth of his regiment or to  do any other act as colonel thereof the respondent dorm therefore apply by  memorial to the lord justice touch his right to make the contract and their  lordship have refer it to the determination of a board of general officer they  on the that of September report that the appellant have no right to act as  colonel from the date of the letter send he by the Lord lieutenant but that  the command of the regiment and the power to contract for its cloth be front  that time entire in the re brown er p spondee dorm and this report the lord  justice afterward approve of and confirm in consequence of this proceed the  warrant for the off reckon be stop and the respondent Macgwire threaten to sue  the appellant upon his contract he in Trinity term file a bill in the court of  exchequer in Ireland against all the respondent pray that Macgwire may deliver  the rest of the cloth that thereupon the warrant may be deliver to he and that  in the mean time he may be enjoin from proceed against the appellant at law  brown the respondent dorm by his answer to this bill admit that his commission  as colonel of the say regiment bear date the that of march and deny that he  pretend any right to the command of the say regiment till the date of his  commission or to receive any pay as colonel thereof tin that time but insist  that the appellant have in the month of August precede receive a letter from  the Lord lieutenant signify his majesty pleasure that the respondent shall  have the say regiment and the respondent have kiss his majesty hand as colonel  thereof the appellant have therefore no right to make the say contract on the  that of February the cause be hear when the court think fit to dismiss the  appellant bill with cost but from this decree he appeal insist c Phipps S mead  that he be to all intent and purpose colonel of the regiment at the time of  the contract and for many month after and until he be supersede by the  respondent dorm commission which be not till the that of march that before  that time the appellant be neither supersede nor suspend nor have the  respondent purchase of he the say regiment before but all order relative to  the regiment be till that time direct to the appellant as colonel and  particular the order to provide the cloth which accord to the rule of the army  he be bind to obey under severe penalty and in case the regiment have in the  mean time be order upon any service no person but himself can have act as  colonel thereof that accord the king himself have after the time of the  contract style the appellant colonel of the regiment by a commission date the  that of January grant to a officer as captain in colonel harrison regiment  that the respondent dorm be not entitle to any pay nor have any command of the  regiment until the date of his commission but the appellant pay and command  thereof actual continue and he also till that time continue on the muster roll  and by the know law of the army the mean soldier have every thing belong to he  so long as he remain on that roll on the other side it be contend W Thompson r  Raymond that the appellant have notice of his removal from the command of his  regiment by the Lord lieutenant letter above three month before he proceed to  make a contract for cloth the same that such pretend contract even if the  appellant have be the proper person to make it be contrary to the rule of the  army be for above ten month and also contrary to justice in subject the  regiment to a debt of about pound S d on the grow off reckon thereof that if  the appellant have a power in he to contract for the cloth which it be humble  presume he have not Macgwire be the person entitle to the off reckon the same  have be assign to he by the appellant but as Macgwire be not plaintiff in the  suit nor demand any decree in a proper manner the appellant bill be very just  dismiss beside there can be no pretence for any decree in his favour brown  because the board of general officer who be proper judge of the rule and  method of the army and to who this matter be refer by the lord justice have  report in favour of the respondent and because their lordship have approve and  confirm the same and order a warrant for the payment of the off reckon to the  person with who the respondent have contract for cloth which they have refuse  to grant to the appellant after hear counsel on this appeal it be order and  adjudge that the decree of dismission therein complain of shall be reverse and  it be adjudge and declare that the off reckon assign by the appellant to the  respondent Macgwire be and ought to be liable to satisfy and make good the con  brown er p tract make between they for cloth the regiment whereof the  appellant be colonel at the time of the say contract for so many month as the  appellant have power to assign the same jour vol p but a debate arise concern  the surplus time for which the off reckon be assign by the appellant over and  above the time allow for that purpose by the stand rule of the government in  Ireland it be order that the say debate and the further consideration of the  cause as to that point shall be adjourn to Monday then next accord on Monday  the that of may this adjourn debate be resume and after hear one counsel of a  side touch that point and due consideration have of what be offer thereupon it  be order and adjudge that the off reckon for such surplus time be not liable  to the say contract and therefore only ten month of the off reckon of the old  man and fourteen month of the off reckon of the additional man ought to be  liable to the say contract and it have appear that the respondent dorm have  make a assignment of the say off reckon and that the same have be pay in  pursuance thereof it be further order and adjudge that the respondent dorm  shall pay the off reckon of the say additional man for fourteen month and for  the rest of the regiment for ten month to the respondent Macgwire upon his  deliver of a half mount for the old man of the say regiment accord to the say  contract and that thereupon the say Macgwire shall be enjoin not to prosecute  the appellant at law for so much as shall be so pay he and in case any  difference shall happen between the party touch the quantum of the off reckon  before direct to be pay the same shall be ascertain by the say court of  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