The Sun.
London, England, 1858-08-06 00:00:00

LAW INTELLIGENCE.

ADMIRALTY COURT.—AuG. 5.
(Before Dr. Lushington.)
THE MARGARET MITCHELL.

This was a proceeding on the part of Messrs. Ashton and
Co., of Lombasd-street, merchants, as agents for Messrs.
Vacher and Wills, a Shanghai, in China. merchants, the
assignees of the estate and effects of Peter Felix Richards,
also of Shanghai, the alleged owner of the ship Margaret
Mitchell, of 930 tors burden, against Messrs. Morice and
Towns, of Cannon-street, shipowners, in a cause of posses-
sion, civil and maritime. The act on petitint stated that the
vessel arrived at Shanghai with a cargo of sugar in
February, 1835-11 r. Thomas Mitchell, of Glasgow,
being then owner ; that the vessel had shortly
before been aground off Woosung, in China, and having
again grounded at Shanghai, sustained serious damage ;
whereupon the master, beingdestitute of the necessary-funds
to defray the expense of repairs, endeavoured to negotiate a
an by bottomry for the purpose, but without success; and
having consulted the principal merchants at Shanghai, and
the consignees and insurance agents of the vessel, he adver-
tised her for sale by public auction, with the view of doing
what was hest for the interest of the owner. It was alleged
that Mr. Richards purchased the thip for the sum of
£2,383 Gs. Btl., with the intention of using her as a hulk ;
but that afterwards he repaired her at an expense of
about £lO,OOO, and having appointed Dewan Stiles master,
despatched her from Batavia to Amsterdam, and sub,equently
to London, where she arrived in the month of May last. It
was further alleged that, notwithstanding the premises, she
had since been taken possession of by Messrs. Morice and
Towne, who pretended to have purchased the vessel from
Thomas Mitchell, of Glasgow. It was alleged on the other
side that Jameson, the master of the vessel, had illegally
and without any instruction or directions to that effect from
the owner, abandoned the voyage and sold the st.ip by pri-
vate contract to Mr. Richards, and that upon her arrival at
the port of London, being iu want of repair, Stiles, the
new master, applied to the authorised agent of Richards,
who, however, refused to advance any money, and that the
master then determined on selling her in virtue of a
power of attorney which he possessed. Messrs. Morics
and Towne being disposed to purchase the vessel, made
inquiries, and eventually ascertained that Mr. Thomas Mit-
chell was the sole owner and duly registered as such, al-
though, by an endorsement on the certificate of registry, the
ship purported to have been transferred to Peter Felix
Richards, and also the certificate contaised a notice of a
mortgage of 56-04th shares of the vessel for a certain con-
sideration. It was asserted that on the 13th of last June
the said Peter Felix Richards, by his attorney Dewan Stiles,
by a bill of sale, transferred the ship to Messrs. Morice and
Towne free of all incumbrances save the interest of Mr.
Thomas Mitchell, for the bond fide consideration of £4,000,
and that Mr. Thomas Mitchell had also transferred his in-
terest to them for the sum of £1,200.
Drs. Phillimore and Deane appeared in support of the
claim of Mr. Richards, of Shanghai, and contended that,
while the sale of the vessel at Shanghai was of the most
bond fide character, the subsequent sale in London was a
fraudulent and iniquitous one, affecting all parties con-
cerned in it.

Drs. Addams and Twist; were beard on the other side.

The Court, after going at considerable length into the
evidence adduced on both sides, was of opinion that the sale
to Richards at Shanghai was valid ; that the sale by Stiles to
Morice and Towne, in JAndon, was not valid; and that,
therefore, it must pronounce fur the claim made by Messrs.
Ashton and Co. as the representatives of Richards, and
condemn the other parties iu costs.

COURT OF BAN KRUPTCY.-AuG. 5.

Mr. Commissioner Pane disposed of the business of the
day, but nothing occurred of sufficient importance to warrant
a detailed report. An adjudication of bankruptcy was made
against Messrs. Wqlton, shipowners, of Gracechurch-street.