The Sun.
London, England, 1809-02-07 00:00:00

debts,. &c. thereto belonging, to the Plaintiff,- wro
again on their part, undertook to relieve the De-
lendants of every consequence arising from the part-
nership concern; and the creditors, ,on • t heir part,
agreed to accept of a composition of t us. per pound
of their debts from the Plaintiffs. The Defendants _
were also creditors of the Plaintiffs, on bonds, to
the amount of gmol. and they, like all the other
creditors, agreed to accept of Os. in the pound of
their debt, on notes payable by instalments. When
the first payment became due, the Plaintiffs beiner
unable to pay, the Defendants began to prOcee2
against them at law, on the original bond's, and to
the full amount of their debt. A bill'Was in conse-
quence filed by the present Plaintiffs, and an .
junialon Was now Moved for, to restrain the De-
fendants in equity (Plaintiffs in law) from proceed-
ing to recover under their bond.
Mr. TIIO2%IPSON and Mr. PELL, for the Plaintiffs,
contended, that there was here a strong case for the
equitable interference of the Court. The Plaintiffs
and Defendants were not alone parties to the trans-
aaion—the creditors were also deeply interested ;
and to allow the Defendants to make good their
claim to the full amount, would be to disappoint
all the just creditors 'of the whole of their claims.

Sir SAMIIIRL ROMILLY, for the Defendants, ar-
gued, that the smaller sum, or i os. in the pound,
being taken in lieu of the full demand only on a cer-
tain condition, it followed in justice and equity, as
well as in law, that the moment the condition of
the new contraa was broken, the original one re-
vived in full force.

The LOUD CHANCELLOR ruled the equity of the
case to be, that the Defendants were not entitled to
the whole amount of their original bonds, but only
to the instalments of the ins. per pound as they
should become due. On the Plaintiff's paying the
instalments now due, and interest, his Lordship
granted the mjun&ion.

CAPTAIN COOMUEO—The following letter contains
further particulars of the attack in which this gallant
_Officer fell, the account of which appeared in our
Paper of yesterday :
TORTOLA, DEC. 427.---The Ileureux succeeded in
her attack upOtt two of the forts, the guns of which
they spiked, under the musketry of eight or ten
armed vessels; two of which they boarded and were
bringing out, when they unfortunately struck upt n
a shoal. This-accident gave the enemy time to bring
some field-pieces tt; bear upon them, from an outer
point of land, and compelled the Heurcux to abandon
them. Whilst giving orders for that purpose, Capt;
Comma received a round-shot in the , body, and
almost immediately expired, exclaiming, " I die
contented !—l'die for my country I"' His remains .
were. interred with military honours in Falmouth
Charch-yarti, Autigua. The following are the par-
ticukirs of the gallant adieu.
Capt. CoOMBE bad received information on which
he could depend, . that there Jay in the harbour of
Bay Mahaut, Guadeloupe, seven vessels of different
dezicriptions, some loaded anu ready for sea, -and
others loading; he also received an account of the
strength and situation of the batteries ; he had a pi-
lot to carry the heats in, and a guide Ea condud the
storming parties. Toe attack took place on the
mortsing of the I:9th of November, as follows :
Capt. Coomus: in his barge, and t 9 'nett, .to board
the shipping ; Lieut. LAwactica in the gig, and ten
men, to storm a battery of two 24 pounders; and
Mr. DAILY, the Purser, in the pinnace, and. 22 men,
to storm a battery, of one 2+ pounder, within the
town : the signal of either party having succeeded.
was three cheers ;
,the boats, after rowing six miles,
'lay on their oars until the moon went down.
At four o'clock, A. M. they dashed on, and after
a few minutes of desperate fighting, the welcome
signal ofsuCcess• was given by all three parties cheer-
ing at the same moment. Capt. COO MBE carried a,
Schooner of two guns mounted, and an seamen
and soldiers on board. Lieut. LAwitlttsci having'
spiked the guns on the batteries with Mr. DALY,-.
proceeded to board the remaining vessels, in which'
• they succeeded ; the enemy lined- the shore with'
musketry, got three field pieces to bear, and kept up:
a Very sharp fire on a brig and a schooner, which
- was returned by the marines and the guns on boatel`
of them; while carrying them out, they both un--
fortuately •:‘rounded, and thus became fixed objetts
for the enett.,"s
,fire, 'which was further increased by
a 24,pounder.
Finding it impossible to get the Vessels off, 'the
running rigging cut to pieces, the standing rigging_
much wounded, and it being day-light, orders were
given to abandon, and soon after. Capt. Comilla was
struck with a 24-pound round shot iu his lett side,
and MI dead. The boats got out of. the reach of
' the fire of the enemy about six o'clock A. M. The
adion continued about an hour and three quartersi
:The loh of the British was trifling, except tlsat Of
'Capt. COOMBP, killed, and -Lieutenant LAwattNCis
wounded by a musket ball in the arm : the eneiny'it
loss was great in the attack of the batteries, and on
boarding---there were about forty kit.led; the number
drowned • must have been Very sleet; as must have
been their 164 on shore; there was a serjeant's patty
on board the Vessels, besides the crews.

The following promotions have taken place in the
West Indies •
Capt. Welly, of his ktajestyts Ship Carlin, is appointed
Commissioner of the Navy at Jamaica.---Capt. DilKes, of
the HOL4rii S tool), to the command of the Neptune, Admi;
cal Cochrane's Flag Ship. Captain Fable, ot the-Ltliallon
Frigate, to the liclleisle, of 74. Capt. Thos. -Cochrane, of
the Jason Frigate, to the Ethalion. Capt. Edward wool.
combe, of the 'l3elleisle, to the Ulysses. Captain Maude,
of the Ulysses, to the lawn/ Captain Wood, of the La-
tow, to the Captain, ot 74. Capt. Pipit, of the Circe, to
the Latona. Capt. Collier, of the Star Sloop, to the Ciice
Frigate. Capt. Paterson, of the Hawke to the Star. Capt.
Bourchier, ot the Dernatary, to the Hawke, Lieut. Dower,
of the-Neptune, tocommand the Dcmerary. Capt. Steuart,
of the Port D' spagne, to the Snap. Lieut. Kennedy, of the
Pompee, to command the Port D'Espagne. Capt. Pinto, of
the Dalt, to the Achates. Capt. Cameron; ante Achates,
to the [-lizard, Mr. M!Millan, Midshipinan, of the Nep.
tune, to be Lieutenant of the Pnittpee. Messrs. Ogler and
Spuek. Midshipmen of the Neptune, to be Lieutenants of
the lielleisle.

On Tuesday last, as some men were employed
in Wowing up stones by means of gun-powder, in a
quarry near llugalstoyn, the charge went otl unex-
peetedly,, and twonf them were slightly hurt; but
a third, a stout young man about twenty years of
age, had his arms so dreadfully shattered, that when
he was in the evening brought to the Royal.lnfirtn-
ary, they mere both immediately amputated near
the shordiler: