The Express.
London, England, 1847-12-02 00:00:00

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COURT OF RIORMIUSR.
In Banco after Mlimimes Tim
This court met pursuant to notice, and Mussed of several
MKS in the demurrer paper, amongst which was the fol-
lowing :
PORRALL O. JOXIS.—This was an action on a charter
party of • vessel from • port in Portugal on a voyage to the
Hannah, in which the plaintiffs, who are the owners,
sought to recover the sum of 2251., which wits stipulated by
them, should become " duo and pueblo at Liverpool on
the expiration of one month after the sailing of the said
vessel," the other half of the freight agreed upon being
to be paid on the arrival of the ship at the Havannab. In
answer to the declaration, which set out the above as the terms
of the charter party, and alleged that the ship having sailed for
one month the first instalment had become payable, the de-
fendaata pleaded that though the ship had sailed, as alleged in
the declaration ,yet that by the act of God she was lost within the
space of one month, and the plaintiffs bad refused to continue,
and had abandoned, the voyage in respect of which the char-
' ter party had been entered into by the defendants, and so
they said that they were not liable to pay the said sum of
2251. To this plea the plaintiffs demurred generally, and
now Mr. Cowling contended, for the plaintiffs, that the plea
was no answer to the action. It was true that, as a general
rule, freight could not be recovered until it was carried by
the completion of the voyage, but it was competent to the
parties to a charter party to introduce a specific contract to
the contrary, and the question was, whether such a course
had not been adopts d here when the defendants bound them-
selves to pay half of the freight within one month afterthesail-
log of the ship. It wu the same as though the defendants had
paid the money down at once, in which case they would not
have been able to recover it on the loss of the ship before the
completion of the voyage.—Mr. Crompton, on the other
side, submitted that the defendants were not bound to pay
the sum in question under the terms of the charter party, as
the ship was lost within the month, during which period, at
all events, the defendants were entitled to have some con-
sideration for their money.—The court, however, without
calling on the plaintiff, to support their demurrer, gave judg-
ment against the defendants. It was clear that the parties
ought to be bound by the special terms introduced into their
contract, and it was equally clear that the defendants bad
undertaken to pay, at all events, 2251. at the expiration of
one month after the sailing of the vessel. That period had
elapsed, and the money had accordingly " become due and
payable."—Judgment for the plaintiffs.

ADMIRALTY COURT.
Before Dr. Lushington.
Tan fdanr.—Courstorr.—The schooner Po, of the
burden of 74 tons, manned with four hands, proceeding on
a voyage from Yarmouth to Newcastle. and the brig Mary,
of the burden of 161 tons, manned with seven hands, on her
voyage from Ipswich to Sunderland, came into collision, off
the mast of Norfolk, about 11 o'clock p.m. on the Ath June
last. The wind was blowing strong from the N.N.W. the
Po being on the starboard and the Mary on the larboard
tack. Both vowels were in ballast. On the part of the
schooner it was alleged that it was the duty of the Mary to
give way and pass under the lee of the ro ; that, not taking
the necessary measures to effect it, she was hailed, but still
took no notice, and ran into the Po, striking her with great
violence on the larboard bow, by which she sustained con-
siderable damage. tin the part of tie brig, it was asserted
that the Po, invalid of keeping her course, first starboarded
sod then ported her helm, and that to this cause the acci-
dent was to be attributed. A cross action was entered by
the Mary. The court was misted in the decision of
the nautical points by Captain Welbank and Captain
Ford, elder brethren of the Trinity-house. The
Queen's Advocate and Dr. Bayford having been heard for
the Po, and Dr. Addams and Dr. Tarim for the Mary—The
learned judge, in addressing the Trinity Masters, said that it
bad not been doubted that, according to the established rules
of navigation, the Mary ought to have given way, and she
alleged that, as a matter of fact, she did so. Two questions
then arose—tint, whether she did give way ; and secondly,
if so, did she do it in dna time. The Mary attributed the
collision to the Po first itarboarding and then porting her
helm, and the men ou board each vessel /wore to the truth
of their respective statements. The questions were entirely
nautical, and he (the learned judge) would leave them en-
tirely to the Trinity Masters, without intruding his opinion
upon them.—The laity Masters considered that the blame
was solely imputable to the Mary.—The learned judge pro-
nounced for the damage done to the Po, and dismissed the
cross action against ker.
Tae 81tANNON.—SALvios.—This was an action insti-
toted by two stsamtags, the Tiger and the Joseph and Wil-
liam, to recover remuneration for salvage services rendered
to this vessel near the bar outside the harbour of Shields,
on the 23rd of February last. On the part of the salvors it
was represented that there was a amp breere from the
S.S.E., with two or three feet of sea, and that, in order
to render the service in question, they had given
up other employment. Oa behalf of the owners it was
contended that there was not a sharp breese ; that there was
not more than six inches of sea ; that the entire service did
not occupy more than an hour sad a half ; and that such was
the state of the tide that the tugs could not have been en-
gaged in their ordinary occupation at the moment they ren-
dered this aid. The value of the property salved was 1,6001.
—Dr. Addams and Dr. Curteia were heard for the salvors;
Dr. Bayford and Dr. Deane for the owntrs.—The learned
Judge, after commenting upon the unfair representations
which had been made by earl party as to the real merits of
Ithe case, awarded the sum of 801., with eosts.

•
COURT OF BANKRUPTCY.
Wore Mr. 030110:411d011er Ocaprirn.

Ix as FM:MINCH AND Featax.—Thu was a meeting
for choice of assignees in the matter of these bankrupts, who
were described as of Old Broad-street, merchants, and who,
as our readers may recollect, appeared a short time since in
"another place." Debts to a small amount were proved
during the day, and the following gentlemen were chosen
assignees :—Richard Jewesson, of Great Winchester street,
merchant; C. E. Bally, of Cornhill, stationer; and John
Lamont, of Broad-street, distiller. The bankrupt Fabian
has not as yet surrendered to the Bat. Faulkner was in
attendance. . . .

ImettisoNmewr.—ln an insolvency case before his
Honour, Sir Francis Knowles, on behalf of the insolvent,
stated that his client applied, about twelve months since, to
Mr. Commissioner Holroyd for a final order ; but his
' Honour refused to name a day, and ordered that be should
not apply again until after the lapse of two years, and he was
taken into custody at the suit of a creditor whose debt was
contracted after the petition was filed and prior to his
Honour's order being made. The learned counsel drew
his honour's attention to the proviso of the 28th sec. 7 and 8
I Vic., in which it was stated that under no circumstances
should an insolvent undergo more than twelve months' im-
prisonment. Now, in the present case, the insolvent had
undergone twelve months' imprisonment, and there-
fore he (Sir Francis) submitted that his client be now
discharged tram custody, or, at all events, that a day be
named for making a protecting 'ruler, notice being given to
all the creditors. The learned counsel cited several came in
support of his argument, and concluded a lengthened and
able address to the court by saying that Mr. Commissioner
Holroyd had erred in his judgment, inasmuch as he was not
empowered by the act of parliament to make the order he
did.—Mr. Sturgeon, upon the part of a creditor, had an ob-
jection to the course proposed by Sir Francis Knowles.—ln
opposition to the application it was urged that his honour
had no power to interfere, and that the matter ought to go
before a common law judge.—Mr. Commissioner Goulburu
was of opinion that the court had a power of reviewing its
own judgment, and named a day for a protecting order.

Before Mr.

Itt as B. ficorr.—This bankrupt, an innkeeper, at Ton-
bridge-wells, came up to pus his last examination, and was
supported by Mr. Duncan.—A creditor prayed that the cue
be adjourned in order that the bankrupt should file a de-
tailed account of his profits.—Mr. Duncan said that his
client was prepared to do anything which the court might
require, and perhaps the better course would be to adjourn
the case sine die, giving the bankrupt protection in the
meantime, and leave to come up again when he had pre-
pared the accounts new prayed for —His Honour adopted
the course proposed by Mr. Duncan, and the cue was ad-
hourned accordingly.—The other cases heard before his
onour were disposed of by an early hour, but they pos-
sessed no feature of public interest.