The Statesman.
London, England, 1809-07-18 00:00:00

INy►' July 17.

SIR It. AYR ♦ND OTNItal V. 'tsO*PsON ♦ND
01111/1“.

Sir SAIIVIL koatts.l.lr Moved, so behalf of the
Plaintiffs, that amain soots of moser, in the
hands of Messrs. Prescott and Co. and Sir Wal.
ter Stirling and Cir. bankers, be paid into Court.
The circumstances upon which this applicant**
was founded were the following ;—A society bad
bean founded endue. the denomination of " The
Philanthropic Annuity Society," fur the purpose
of granting annuities upon more equitable sad
advantageous terms than were before offered to
the politic. The Plaintiffs were chosen and ap.
lidinted Directors, and the Defendant Thompson
to the Society, the funds of which were
td tie p*id into the hunts uf the above.mentionixt
hirikeri. The Society, however, had scarcely
grimed mire than one or two annuities before it
was tlitcOrtred that they were disabled from car.
'Ting thelr plan into general execution, by the
17th of Geo. 111. which required a specific eau.
meration of the names of the grautori of the An.
ouities, which sies iii this case incompatible with
the nature of the invitation, the shares being in
a constant state of tiuctuatiod with respect to
their holders. It therefore became necessary
to dissolve the Society, and distribtte the funds
to their respective owners. The Defendant
'Thompson had received a good deal of money
which he had not accounted fur, and it was there.
fJrc thought expedient to apply to his Lor•dabip
to order the money to be brought into Court,
for the purpose uf facilitating the distribution
thereof.
Messrs. Prescott and Co. ind Messrs. Stirling
and Co. exiires•ed, by their respective Counsel,
their reailanebs to lay the money io their hands,
playing, however, to be allowed to retail in their
bands sufficient t., ri•rrnburse themselves for the
cuss of their answer.

Mr. A o.tit, on behrlf of the Defendant Thomp-
son, said, he entertained some doubt V( hether
the Court had putter to lay its hands on the pro.
perty of partners, on a hill filed by a certain
Dumber of them against the others, before the
-answers of the latter had been put in. Ile also
begged leave to state that Mr. Thompson was him.
self proprietor of shares in the Society to a much
larger Amount than these held by the Plaintiffs,*
aiitl had likewise claims against the Society much
exceeding any balance in his hands belonging to
them.

'The LORD CRANCELLOR.—" This money will
host in Court, as those who have get it seem
hire so objection to deliver it up. It is there-
fore as writ to take it, while they are in that ha-
sneer. At the same time, the bankers, I think,
are entitled to something to defray the costs of
their answer."

After sum observations from the Counsel for
the bankers, the Court allowed them to retaia
301. be their beetle for Nit perinea; end lbe
remaitsder of (lie money was ordered to be lodged
ie the hank of England, with the privity of
the Accountant-General, to the credit of this
cause.

COURT OF KING'S BENCH.

Monday, July 17.

KELLY D. DICKSON.

This was an action on a pulky of insurance
upon some flax-seed which was to come from Ame.
rica, in February last, and upon which there was
a considerable lose during the voyage. On ac-
count of its arriving too late, the Plaintiff aban-
doned the %hole cargo to the underwriters in the
month of June.

Lord Ect.cmirrnotinn thought he had no right
to take so mach time to make his option, but
ought to have given notice of his intention to the
underwriters before. On that part of the cargo,
the verdict would therefore be for the Defend.
ant; but as te the other past, which consisted
of sanest it was referred to Mr. Waddington,
one of the Special Jury, to ascertain whether
the average loss was or was nut above three per
Cent.

JONES V. COUGILL.

This was an action on a bill of exchange fur
10001. drawn and indorsed by Mr. 'Lomas, and
accepted by the Defendant. It appeared that it
Was an accommodation bill that had been placed
in the Plaintiff's hands by the drawer for a debt of
11741. which ho owed him ; the Plaintiff was mot
therefor* entitled to recover the whole amount of
the bill, and a verdict was found for the Plaintiff
—Damages 2741.

anwitrrs COURT.

Monday, July 17.
lIIEWORI .----••• 110111CIIALL, MC
FOX-HUNTI N G.

RIDGE AGAINST SALTSIt, 11341.
Mr. IlaaalsoN Mated that this was a species of
action which rarely came before a Jury of a
County, but particularly the County of Middle-
sex. It was an action brought by Mr. Itidge, a
gentleman of large landed property, in the neigh.
bourheod of Edgware, against Samuel Salter,
Esq. ; and the object of the action was to recover
damages fur an *jury sustained Icy the Defendant's
coming upon the lands of the PlaiWill with hounds
and horses, fur the purpose of turning out and
hunting foxes. The Leeriied Cottage' observed,
that an action like the praised might seem extraor.
denary to those who considered beetles as a lawful
amusement. It certainly was an amusement less
injurious when enjoyed Ity those panels. at a dig.
tauce from town, who, having landed property
themselves, knew how to partake of the diversioe
Without injuring the property of others; but it
was a very ditrerent thing when such an amuse.
meta was resorted to in the neighbourhood of
London, where. from the valve of the land, and j
a variety u 1 circumstances, the injury far ex.
ceeded what could fit/stably be sustained is the
country. 'fix Llrloodant. Mr. Salto., was a mug- I


her of what was febuterly oared the Bertha, gunti
and was sew • Ind proprietor of thlf ptak of
hounds which heleoged to Lord Berkeieitertserm
he was Heim. In the time of Lord
they drew for the foxes at a considerable distance
from Concal; and though tiny 'did injury, it
was comparatively trilling to shat was the sobjedt
of the present action. The hounds were now
tensed out within ten miles of Londoh, and no.
lice was given of the time. The coosequenco
was, that every horse dealer, every clerk, in
short, every persois who could procure au animal
with four legs sad a tail, war sum to attend this
hunt, to the ansomit of perhaps 400 or wort—.
These persons haviog nu land of their own, had
of course but little regard for that of others ; sad
they gallupped indiscriminately over the fields of
the Plaintiff, to drain which, considerable sums of
money had been expended ; they had thereby not
only destroyed the effect of the measures he had
adopted fur draining and cultivating his land, hot
they had rendered the land itself less valsible to
the proprietor for SWIM time tq come. Having
dwelt more at large on the nature of the Injury,
he concluded by trust's( the Jury would give
such damages as would prevent a repetition of it.
It was proved that the Defendant had received
notice not to bring his hounds upon the Plaintiff'S
lands. It was also proved, that the Plaintiff's
lands had been in an expensive coarse of doge.
age, which had bees rendered ineffeetnal by the
trampling of the horses ; that tho Defendant Was
seen hunting after he had been warned off; and
that the person who had warned him, instead of
being attended to, had hese threatened with a
horse- w hipping.
SrEWAILT addressed the Jury in behalf of
the Defendant. He maintained that hunting was
a lawful recreation : that by the artiient law every
man was sanctioned in follbwing the hounds over
the lands of others, doing as little harm as possi.
ble. He admitted that the Defeediht had no right
to go upon the Plaintiff's lands to tern out the
foxes, and for having done so, he had suffered
judgment by default. But he felt peefeelly
sired, the Jury would not consider this t MO
which celled fur vindictive damages.
Mr. Urrese.snantrr stated, that the Defendant
had admitted the trespass, and the only question
was, the quantum of damages—the trespass was
not excusable, it was a wilful trespass committed
after warning had been given by the Plaintiff.

The Jury coasulted a short time" and reserved
a verdict for the Plaintiff—Damages. Fey Posnoth.

INDIA.

SIR C. BARLOW AND GENERAL 11100UALL.

DOCIIVIIIM lIIILLAtING to rig IllTAAoillllallt its-
PETE Itirtir NCI till; GOVICKNOR MOO cOllllll/Llblia 111

CMS/ ON Tali IMAIMAS
GENERAL ORDERS.—BY THE COMMANDER 1%
IHIEF.
" Heed Quilets, Cbooltry PIaM, Jae. 'J. 1.01

" The 01101111114 is now arrived when Liesst.-Gen.
is to take leave at the Company's arum, obese ardent cee-
rams, assamiaueate disclplities and weever* Ormaink have
been displayed in the achiesmarats of tbo-e brilliaat exploits
which have secured its nun glurv, aid added to the Blida
Empire extensive fertile rgOoas of lncalcalable vales and
importance. May your patriotism, valour, and weetlae
acknowledged and rewarded by your king, aed the
lodia Company, in proportion as they are knows mid appro.
dated by your Commander in Chief.

. .
"had Lieut.-Geo. it' Dusan succeeded to the bigh nal
errata site with all the advantages eejoyed by his prede-
cessors, be weak!, opos first assuming the comeutad, he*
preseelgoded his seatiosenb on so flattering as greet,' hod2l
elfromossiees of his appointment were so hamillating
unpropitious, that he declined addressing the army, hi the
wawa hope that the Coen of Directors in'eltt, on gather
deliberatioa, be induced to restore him to his right, by al.
teeing the new and extraordinary forms of (inversion:et; ad
have tweeted him to exercise the functions of his usausal ga
the representative of the army, with homier to the service
and credit to himself ; no prospect of such as oeternince
below at all probable, in justice to the army sad to hi elva
character, he has detathieed to retire.
" On quittieg a rosary where he has paved the
part of his life, and where he passeeses roomy deaf sever
table Glen& Lieut.-(lea. ll' Doornail camel view his orisetta
lion from a body of men he is siacerelv attached to, without
mitering the not painful vemnitimes from the nature of tla
service he mu have little chance of ever meeting with theta
again, but he is bound to declare that the whole of their
lirl conduct meets with his entire approbatioss; and he will y
allies, without danger of eonandictien, that la id y
has not, in nny part of his &maims; a we kayak •
air, and valiant elan of soldiers and subjects, then the M-
eets composite/ she army at Fort St. Caere. That teems
may centime to attend their steps ; that these dad:Mimi*
lanais may sever decay j and that their bravery and Mei*
plan may gather additional wreathe in the Seid of bonier; a
dada:ere prayer of a man who will never forget thew
(Sagged) • " F. OAPPSIt;
" AdJ.-Oes. of the Ailey."

GENERAL ORDERS.—BY GOVERNMENT.
" Fort St. Ong', Jan. Si, 11109.
" It boo Tenafly come to the kaowledff of the Gunner
to Council, that Lieutenant-General 111'llansail did, previ-
ously in his embarkation from the Presidesey, leave, ti be
pulgiOrd to the army, a Uenerni Order, dated the IVO lost.
is the highest degree durespectfel to the sonority of the Gs-
renewal, In • htch that officer has presumed NI hstnd a pen-
ile cemare on as le( adopted coder the kansedkin astbkiry
of the Governor is Cedar% and to convey krimmiliss gay
derogatory to the character ..f the Gorenniebthe
ra as Iron-
sive of military diseipline, and of the ms& of
authority. The resignation of Liehedalliarsearfill
of the commaad of FArt St. George, sat haviog beep yet re-
relived, it becomes the duty of the Oovetnat is Werth, in
conaideration of the tiniest and loSonontstory postesdingsof
that Wirer, la the pecans, nod on other recast ocossises, sod
for the purpose. of preventing the repetition of airtime Me of
outrage, to antlcip.tte the penod of his expend
and to amid the appoimment of Lkusenn
all to the command of the army of ibis Presidesey ;
Geo. ht. Duvall is accordingly hereby removed from the Mis•
(ion .f Commander ia Chief of tie Revs at For Si.
Crory.
The Governor in Camel must lament, akb the deepest
regret, the necessity of snorting to an Patrons mestere of
the bat rhea a manifest eutleaveor he, bees used to
brit" into degradatios the sopreme Peelle Authority, it iS
emeatial that the vindication Amid sot be Ins sleusiths the
*gem*, aeg that a isemorible example shookd he given
that pruccodistp sebrersire of established order can had ase
seorrity make the sanction of rusk, hoverer high, or of
Malian hammy reeked.
" The Given, Order in question baring bent
der the signatore of the Deputy AdJaataat-G=l el 4
Army, is most bare beets knows to that °dicer that Wily*
curreoey to a paper of this &Rosin desert' he wee
snag lit direct violation a his duty to the le
an astisonty ens justify theexecatisto of an iligpti act 4 cos-
neelgli ar that AO ohs b usty ht the present ease. hiss hems with
visors of the most reprtiemible genre. The de..ser ie
Connell thanks proper to mark his highest dispiesime es the
• `f
Najaf es, Credits that he shall be w-
ended is the Cesepasy's tank*.
" The flenetel Older left by the Cemmisedee A Clid Air
poblieMbsk onderdate gen bet. is directed to be
framer.? meblic record, sad the Adjetaat-Usomerm
Anly MS War dlately tbeelaic the netioilltg.
that purPosr.
• "By steer of the Nos. Gov. d Ossmilk

" GLO. ISUCLIAN, lit. to Gotetomeit,"

kilt it t *k
SilW INTS&LIGgIiCg. beret whet was fotaterly called tits Betlitily ganti
Mt
_-' ...r.—.. and ow sew • loft proprietor of the peek of
Y the 11111111111,010 CHANCERY. bounds which Itaged to Lord Bait=
tom- . he was living. n the time of Lord
6,77:,„,,,,. thc„,..,T.,,,,,,,,,,,, 1.
, sin I. eolitantitt MIS °TEM v. intostrung AND from Condon; and though they 'did injury, it
Gig a
lons,°Visas. was comparatively trilling to shat was the sobjedt
it the Sir &until,. kowILLY moved, on behalf of the of the presoot action. The bounds were now'
Plaintiffs that amain soots of tamer in the tented out within ten miles of London, and no.
i now t
edsi hands ofoSlessrs. Prescott and Co. and Sir Wal. Lice was given of the time. The cosssequencs
I kir. ter Stirling and Co. bankers, be paid into Court. woo, that every horse dealer, every clerk, in I
the The ciretionstances upon which this application short, every ponds who could procure an animal
.re a woe founded were the following ;—A society bad with four legs sod a tiil, war sum to attend this
founded endue. the denomination of " The hunt, to the untotrit of perhaps 2uoor wort—. 1
r,litiktaar:,
of bePantbropic Annuity Society," fur the purpose These persotui hawing nu land of their own, lad
... trastiug annuities upon more equitable and of course but little regard for that of others ; and

rte=l &Or
,lITIMLICitgIICIt.
6414
• it die Wiloin CHANCERY.