The Express.
London, England, 1857-08-08 00:00:00

tato Intelligence.

ADMIRALTY COURT.—AuctsT 7.
(Before Dr. Luelliugton.)
THE ROYAL AUCH.—ItHTTOMIIT
In this ease the action was bioualit egoinet the barque
Royal Arrh, by Mew,. J. 6. de Welt and Co., of Liver-
petit, ailments of Mr. Mahlon Vail, of New York, the holder
of attend on the ehlp. It was pleaded that the vestal having
received considerable Injury from tempi...thou, weather while
prosecuting her voyage from Scotland to New York, her
captain, upon arriving at the least loaned city, iu
liovoio or,
10.5.5, nut having meaty at command to defray the expellee of
repairing his vrawel, and being unable, no hie own permitsl
credit or that of his °mono to °bride the some otherwise than
by bottootry, applied to Mr. Vail to make him the nix-emery
advance on theliatotury of the said barque ;to which applica-
tion Mahlon Yell proualaed to accede, upon condition of the
meter obtaining the consent of the acting owner of the chip,
Arehltold J. Campbell, of Liverpool, Nova Scotia. Such
cementbeing given, 4,00 W. was advanced, end a baloney
hood dined on the 6th of February, 1856, for the amount,
which was to be repaid, with interest, upon the expiration
of tire days next atter the ship'. arrival at a pot of discharge
in the United States., or iu any of the British Provinces of
North America. It further Allege' that the Royal Arch
having in doe mune of time returned to New York an a port
of discharge, and five days having expired, an agreement
was come to under which the thou of payment woo extended
until eve days next after the arrival of the viacel .it a port of
discharge in any of the British Provineee in North America,
nowt bar then intended trip to Nova Scotia. It was amerted
that the barque sitheequently pr. acted to Liverpool, in
Nova Scotia, and then to Shodiar, in New Itrunuwiek,
where she took on board a cargo and sailed therewith to
Liverpool, in England, and that the said bottoiery bond was
now due and in full free and egret, and Shot no part of the
4,0001., or the interest thereon, bad acrid. In opposition
to the 'alien*y of the bond it was al the ma-tor did not
make any application to the mid Ma lon Veil for a loan of
Mosey on botteterv, and that the Cu.. of 4,0001. war not tot-
vented, but that Mr. Vail did advance money for the general
disbursements of the Lucius to the 'fitment of 3,000 t or
thereabouts. That when the ship woe ready for We Mr.
Vall, for the flat time, required the nowter to enter into a
bottomry bond as a veracity fur the tradesmen... bill* when
they should boomer due, to which arrangement the
master and the acting . owner at Nova Scuola
strongly objected, but Mr. Vail refacing to allow
the ship to go to sea until the mistily reqaired woe
given ; the enter, having no alteretive, gamed b;l
0n.., to the bond of the sth of February, 1846. It was far-
ther pleaded that upon the mewl'. subsequent arrival at
New York, in May, 1856, when the said lend (if valid) be-
came doe, in commisenco of Mr. Vail'. conduct she wee not
=in his hands, but the master himself collected the
whieb, alter payment of the abip's diebareements,
was headed over to Mr. Vail, in part sutistation id hie claim
on the owners, and that although an agreement WWI after-
wards entered into between Mr. Archibald John Campbell,
" for self and owners" and Mr. Vail, the two other owner.
Campbell and bylvanna Martin—were nut cognisant
tithe Dotter, and had Oct authorieed a third party let act for
them. It was submitted that the validity of the inet reelect
mut be pronounced against, and the court woo asked to
&eras meta againo the party eating it up.
The Come would take time to consider its judgment.