The Statesman.
London, England, 1809-07-19 00:00:00

. .
THE STATESMAN." ` •.

SIMMS V. *LAND.
His Lordship gave judgment open the motion In
this cause, for dissolving the injunction, restrain-
ing the Defendant from . cutting timber. His
Lordship, after stating the facts of the case (as
already before our readeri), declared there was
no foundation for continuing it, upon the ground
on which it was originally granted, namely, the
Isaistence of an agreement that the Defendant
should not cut. If the cause was to proceed
(which his Lordship hoped it would nut, by the
parties coming to an amicable agreement), it would
be necessary to amend the bill, in order to enable
the Court to adjust the rights of the several par-
ties interested.

COURT OF OF KING'S BENCH,
Tuesday, July 18.

SITTINGS barons LORD ELLENDOROVONI, ♦ND ITECIAL

,IVRIES IN OVILDMIALL.
.DINGSTON V. ANDREWS.

The ATTOR T.G ts mat. stated this to be an
action against the Defendants, Messrs. Andrews,
for nut delivering to the Plaintiff a certain quasi.
tity of what is called English Spanish wool, con-
tracted fur in becember, and to be delivered on
the 20th of January last. The Plaintiff bad the
highest opinion of these Defendants, believed it
wa., not their fault that this wool was not deliver-
ed, fur they depended upon another, who had dig.
appointed them by the want of supply of that ar-
ticle; but the Plaintiff had no remedy except this
action, and the Defendants would, afterwards,
have their remedy over against the person who had
undertaken, but omitted, to supply that article
to them. The quantity bought by the Plaintiff of
the Defendants was 120 packs, amounting to
28,8001 b. and the difference upon the price of the
article at the time it was bought, which was the
price at which it was agreed to be delivered, and
that of the time when it was found that it was not
to be delivered at all, was upwards of 30001.
which he the Plaintiff now sought to recover.
Mr. Scrjcant Bast took an objection to the
charge being. made to this extent, fur that the dif.
ferenco of price in wool at the time of sale, when
it was agreed to deliver it on the 20th of January,
at that price, and the actual price it bore on that
20th of January, was the standard_ to which to
repair for the damsges upon this declaration ;
which stated that the Defendant sold this wool in
December, and agreed to deliver it on the 20th of
January at the market-price it bore on the day of
sale. It was true that the Plaintiff waited until
the 28th; but that was not his contract, and if he
chased to wait, and the price of wool rose in the
interim, it was his own fault. lie could not re.
cover any thing on that account, unless he had de.
glared, specially, that the agreement had been ex-
tended for those eight days ; and of this opinion
was Lord Ect.sunoitontin, and therefore, for
want of that statement in the declaration, the
Plaintiff lost about a thousand pounds, the da.
mages given by the verdict being confined to the
price of the ,article on the 20th—which was
'2lBOl.

-...400.-.
MILITARY PROMOTIONS.

SURREY QUARTER SESSIONS.

• Tderday, July 18.

. The greatest part of the morning was engaged in
hearing assaults of no public interest.
Mr. NOLAN presented a Petition, signed by
niuety Insolvent Debtors, confined in the King's
Bench prison, praying the Court to order an ear.
Her day for their examination than that already
fixed, alleging that the debtors in the county gaol
and the Marshalsea prison, had already been libe-
rated, and those of the Fleet prison are to be Jibe.
rated on the 25th inst. while they were to be con.
tiuued in confinement till the 4th of August, to
their injury, and contrary to the intention of the.
Legislature; who, at the time of passing the Act,
contemplated their immediate relief. The Learned
Counsel contended, that the prayer of the Petition
was reasonable and just, and urged the.propriety
of fixing the day for the 31st inst.
Mr. 8R0011511.111 appeared on the part of the
Marshal, who ass then in attendance at the Court
of King's Bench. He assured the Bench, that
every exertion had been made to forward the sche-
dules and warrants of the debtors • the Marshal
had eveff employed law-stationers to do that, which,
at the time of passing the former Insolvent Act,
used to be accomplished by his own clerks—in
fact, no ode could be more solicitous for their
speedy liberation than he was. Mr. Brookshaw,
however, thought it probable that the neces-
sary arrangements might be made by the 31st,
and the Magistrates unaninionly fixed that for the
day.
Shortly after this. determination, and when seve-
ral
of the Magistrates had left the Bench, the Mar-
shal arrived, and declared it would be impossible
to comply with their order. He said he would be
compelled to the greatest exertions to be ready
even by the 4th next, and begged the order should
be rescinded. Mr. Nolan opposed this request ;
and the Magistrates who had left the Bench were
sent for by the Chairman. Upon the matter be-
' ing explained, and it appearing that it was not for
the Marshal's accommodatiun, but from real ne.
cessity, the delay was required, the previous order
was annulled, and the 4th of August agreed to.
Thonsar Ventour, a broker, was indicted fur an
assault on Ann Osborne, with intent to commit a
rape.
The girl stated that she is fifteen years old, and
had lived servant at Rotherhithe-wall, where, her
mistress dying, a broker was employed to sell the
furniture. It was her duty to mind the house fill
the evening, till Mr. Ventour came in. On the
evening laid in the indictment, the prisoner invited
her into the parlour, w hen he took several indecent
Jiberties with her. She became alarmed, and
screamed for assrstanee ; he bolted the door, and
she cried "murder!" a Mrs. Barlow, hearing the
cry, knocked at the door ; prisoner opened it, and
pushed the girl into the street. This statement
was corroborated by Mrs. Barlow and the girl's
mother.
The Jury, after long delikradion, returned their
rerrliet—Nut

BANKRUPTS.

' From the LONDON GAIZETTE, JUL► lg.

AdairelipOjke, Jill is, Is®.
Extract of a Letter from Captain Goate, Commander of hic
Majesty's Sloop the illommitoi sidelined to itear.Adtairal
Sir Richard Simko. and tramanitted to the Hon. W. W.
Pole, dated io the River Elbe, 9th July. 11109.

I proceeded up this river with his Majesty's
vessels named in the margin*, and anchored not
of gun-shot of the battery of Cuxhaven, on ttte
7th inst. and as it was too strung to be attacked
by his Majesty's vessels, I was determined on
binding and taking it by storm, having previously
made the necessary preparations fur that pur-
pose.
At day.llght on the morning of the Bth, I dis.
embarked with Captain Watts, of the Ephira, and
the commanding officers, seamen, and marines of
the respective vessels; the first boats that landed
were fired upon by the enemy's advanced post, atid
they then retreated to'the battery ; we marched on
to storm, but from our apptaratiee the enemy
thought proper to retreat, about eighty in number,
sb that we took the battav (which had sus guns,
twenty-four pounders, and surrounded by a wet
ditch) without opposition ; his Majesty's colours
were then hoisted un the French tiag-stalf, and 4f.
terwards those of Ilamburgli on the castle of
Kilsbuttle; we then dismounted the guns and put
them on board of the vessels lying in the harbour,
as well as severaf other swell pieces uf. cannon,
with all the shot Ain! military stores. The battery
was then undermined, and, by a variety of explo-
sions, blown up.
I then gave the town of Cuxhaven in trust to
the Civil Governer, and embarked all the seamen
and marines.

Two French gun.boats, with two guns each,
which were lying in the harbour, were also taken
possession of.
Although we did not meet with the opposition
that was expected (u the French hid someti►nes
five hundred men, at other times about one him.
deed at Cuxhaven), yet I think it my duty to in..
form you of the activity and gbocl conduct of the
commanders, commanding Ace- , and
marines, on this occasion, .as it wits partly from
their regularity in forming and marchisig; that in.
duced the enemy to retreat. 1"'•
Captain Pettett, of the itristikoiimasosanded
anent, and got that vessel Utidet iltll4lllll a►sist,
had it been necessary.
• !Busgeito (sloop). Briseis. Ephirs,:ltribter
Centinel, Blazer, Piucher, Bastlak, Patriot 3iclisi)t). Arum
cutter. -• • .

Whitehall, July 18.
The King has been pleased to grant Oa digai.
ties of Viscount and Earl of the United Kingdom
of Great Britain and Ireland, to the Right Ho-
nourable Dudley Baron Ilarrowby, and the heirs
male of his body lawfully begotten, by the names,
styles, and titles of Viscount Sandun, of Sandon;•
in the County of Stafford, and Earl of Birruw by,
in the County of Lincoln.

Commissions signed by the Lord Lieutenant of the C.mnty of
rife.

Ist Battalion of Fileshire Loral Militia.
James BalGnar N'emyst, to be Lieuteoatit-Colunel-
Contmawlant—dated Sept. 21. 180 S.
George Aitken, Esq. to be Lieuttaant-Colnoel—da
above.
Andrew Jameson, Fag. to be Major—dated as above.
Jolla Raitt, Esq. to be ditto—dated as abuse.
2d Battalion of Fife%hire Local Militia.

September 21,

Robert Ananotber, Esq. to be
1808.
Thomas Melville, Esq. to be Lieutenant
above.
George Forrester, Esq. to be Major- dated as above.
9d Battalion 14 Fireal►ire Load Militia.
Robert Dangles, Esq. to be Lieutenant-C
dant—dated September (21, 1906
Gilbert Bethune, Esq. to be Lieutenant-C,
above.
Robert Es 9. to be Major—dated as above.
Richard Oswald, Esq. to be ditto—dated as above.

rbsain Muster. Some— rtoa ;inmenet plumber. 10 ,urren ler
A.g. 2, at live. 3, aad 29. at eleven, at die Mermaid, Yeo-
vil. Attendee, Mr. Baser, Sherburne; and Meisrv.Pear,
son. Vamp-court, Temple.
Daniel Irrlwad, Partsea. tallow-chandler, Aug. at one, 3.
at twelve, and 29, at mw, at the 1P re-hone,
Parade l'oe-ho,
Portsmout.. Attornies, Meer;. Naylor, Great Newport-
street. lam-acre; and Mr. Glendenning, and Mr. Potable*,
Portico.

George- —Stu- bhs, Sheiheld, edge-tool-maker, kng. 1,2, and 29.
at eleven. at the Tontine Inn, Sheffield. A unmet, Nlesm.
Parker and Brown, Sheffield & and Messrs. 'lllagrase and
Walter, Sported's-inn, Chancery-lane.
William Russell, Liverpool, mer.-hant, Aug. 7,10, and 29, at
twelve, at the Globe Tavern, Liverpool. 'litanies' Mr.
Geoege Rowe, Liverpool; and Milers. Cooper and lAine,
Southampton. buildings, Chancery-lime.
William Sterdman, Bramwell's-buildings, Rose-street, Soho,
cabinet-maitre, July 23. Aug. ti, and 29, at tell. at Guild-
hall. Attorney, Mr. Willoughby,_Clitfortl's-Inti.
Jciepb Lines, Viiper Queen-street, Witherhitbe. smith, July
29, Aug. 5, and 29, at tea, at Guildhall. Attorney, Mr.
Robilbou, Prospect-row, Bermondsey.
John Calyer, Boltnh, Lancaster, cotton-manufacturer, July
26. Aux. 0, and IS, at stereo. at the Ilie,ll btu, Manchester.
Attornies. lesers. Foulkes nod Fressweil. Manchester= nod
Messrs. Foulkes and Longdill, Gray's-Ina.
Joseph Morris, • Chepstow, Aloamonth, shopkeeper, Aug. 8,
C and 29, at eleven, at the Rummer Taws, Bristol. At-
tornies, Mr. Stokes, Chepstow; and Mr. Platt, Tanfield-
eoart, Temple.
Thomas Porter, Jun. Torshavn, Wilts, clothier, Jul, 94 Aug.
21, and 29. at eleven, at the Kings Anne, Melkiham. Al-
- Mr. Movie, and Messrs. Frond and
Bhuldforti, Temple.
Samuel Thomas Coulson and .Infin King Coraer,.l.snn
seetlarten, July 22, Aug. 1, and 29, at ten, at Guildhall,
lankier]. AUtirney, Mr. James, White Lion-street, Is-
lington.
DIVIDENDS.

Atte. 22. T. i.. Holt, Itrtuid,-p-rioter,at ten, at Guildhall.
Aug. It. R. Naylor, Chigwell, Essex, mariner, at twelve,
it Guildhall.
Aug. 12. G. and II Pullin.'er, Rapley, Alresford, Hants,
woollen-drapers, at one, at Guildhall, I.ooden.
Aug. /2... W. Ilan' and W. Aust, Coircross-street, brass-
founliers' at ten, at Guildhall.
Aug. U. W. Williams, Park-street, Islington, builder, at
one, at Guildhall.
Aug. 10. W. Hopkins, Lewm-street, Goodman's-Belts, silk-
thrower, at ten, at Guildhall.
Aug. 10. J. Dutton. Berwardsley, Chester, cheese-factor,
at eleven, at the White Lion Inn, IVhitehurch, Salop.
Aug. S. .1. Firth, Bradford, York, merchant, at fiver, at
the lintel, Leeds.
Aug. 11. T. Stephens, Bristol, house-carpenter, at eleven,
at the Bash Tavern, Bristol.
Oct. 11. W. F. Ogilvy, Histories, druggist, at eleven, at
Guildhall.
Aug. IC. John Harrison. Stoke-upon-Trent, earthenware-
manufactuier, at elesen, at the Swan Inn, Hanley. Staf-

furd.
Aug. 9. J. Wright. Farm Wein, Salop, corn-factor, at
eleven, at the Wbite Lion Im, Whitchnrcb, Salop.
Auc. 12. .1. Willey. and C. Hobbs, Whiterimpel-road, dis-
tillers, at ekves, at Guildhall.
Aug. 8. Sr: Ushorec, Christopber.atreet. Finsbury-square,
merchant. at ten, at Guildhall.
Lug. 19. W. Peolsey, Back-Igoe, Deptford, victualkr, at
too, at Guildhall.