The Sun.
London, England, 1835-02-07 00:00:00

ADMIRALTY COURT.

THE MINSTREL BOY-BOTTOMRY.
This case involved the validity of a bottomry bond given
upon the Minstrel Boy at Leghorn, under rather peculiar
circumstances. The validity of the bond was opposed on the
part of the assignees of the owner of the vessel, who had be-
come bankrupt before the bond was given. The facts as
stated in acts of Court were as follow :

The Minstrel Boy was purchased by Mr. T. Anderson,
of Liverpool, at the beginning of 1834, the firm of Messrs.
Hyfield becoming responsible for part payment, and it was
arranged that the vessel should be employed to trade be-
tween Leghorn and Liverpool, the firm before named
having a partner residing at the former place. The vessel
was freighted out, and sailed for Leghorn on the Bth of
April, and arrived at her port of destination on the 4th of
May. It was agreed that the freight earned by the vessel
should pass through the bands of Messrs Hyfield, and be
placed to their account in part payment of the advances made
to the owner. The owner became bankrupt on the 6th July,
and on the fact being known to Mr. S. Hyfield he refused to
make further advances to the vessel, except upon the secu-
rity of a bottomry bond. To this the Master, Captain Toy,
at first objected, but as by the laws of Tuscany the per-
sons making advances on vessels were empowered
to stop the vessel and register her if their de-
mands were not satisfied, or security given, the bond was at
length signed. Mr. S. Hyfield retained possession of the
freight earned out, and gave an acknowledgment for the
home freight by an insertion on the bill of lading that the
freight had been paid for in gold at the true rate of ex-
change. The bottomry bond, which was for 150/., was
objected to by the assignees of the owner, on the ground
that the advances made by Mr. S. Hyfield at Leghorn were
upon the credit of the owner ; that a sufficient sum in
freight had been received by the agent at Leghorn to pro-
vide the vessel with supplies, &c ; and that Mr. S. Hyfield
had not acted rightly in endorsing the bill of lading as
stated. _ _

On behalf of the holders of the bond, the King's Advo-
cate contended that the vessel being in want of supplies of
Leghorn, and the owner not having credit at the time it
was given, the Court was bound to pronounce for it, espe-
cially as by the laws of Tuscany she could not have pro-
ceeded on her homeward voyage unless the bond was
granted,
Dr. Addams said be appeared for the assignees of the
owner, and should with confidence submit that the bond
was invalid. The vessel was sent to Leghorn for the mutual
benefit of the owner, Messrs. Hyfield, Brothers, of Liver-
pool, and Mr. Samuel Hyfield, of Leghorn.
Sir Jpipj NICHOLL asked whether there was any hypo-
thecation. of the ship up to the period when the owner be-
came bankrupt ?—Dr. Addams—Ceitainfy not.
Sir JOHN NICHOL'. said if it WO wished 1w would take

time to consider the case, but his own impression was that
the bond could not be sustained. It was unquestionably a
hard case for Messrs. Hyfield, Brothers, but they placed
themselves in the difficulty. The firm had acted on the
credit of the owner, and if they chose to do so they could
not be relieved by the Court. There was nothing before
the Court to induce it to pronounce for the bond, and he (Sir
J. Nichol') felt bound to pronounce against it. As it was
a case of hardship upon Hyfield, Brothers, he would not
give costs on the present occasion.

INSOLVENT DEBTORS' COURT.

IN RE BENJAMIN E. POTE.

In this matter Mr. Woodroffe, at the rising of the Court,
applied for an attachment against the insolvent. He was
discharged some time ago, and 501. a year was ordered to
be set aside for his creditors out of 1601. which he derived
from a situation which he held in the Post Office. The
order expressed that the money was to be paid annually,
and at the end of the first quarter the insolvent refused to
pay it. A rule was obtained On him, but the Court said
that as the order was drawn up for the money to be paid
by the year, they would not alter it. When the year ex-
pired the insolvent refused to pay, and the present applica-
tion was to obtain an attachment against his person.
The Learned CHIEF COMMISSIONER granted the motion.

COURT OF REQUESTS.

W.HITECHAPEL.

Thomas Allen summoned Mrs. Anne West before tho
Commissioners for a debt amounting to 31. 6s. 6d. The
lady was not forthcoming, but was represented by a meagre
melancholy votary of Terpsichore, who advanced with a
conge that Silvain might have envied, and announced him-
self the son of the defendant.

The CommrssioNEß inquired if he came to acknowledge
or dispute the debt ?

West had the honour of payinc, his devoirs for two pur-
poses—imprimis, to allow the dcbt was justly due, and,
secondly, to assure them that it was as impossible it could
be paid, as for the Siamese twins to dance dos a dos.

COMMISSIONER—This cannot, of course, prevent us from
doinc, our duty, which is, to give an order against your
mother for the money.

West—l can assure your Worships that I would pay the
money myself most willingly, but that the age of grace has
vanished. There's not a light fantastic toe in the Tower
Hamlets, and Vestris herself would starve now a days east
of St. Paul's ; the profession has been upon the chassez
backwards these five years, and I question if there could be
had a pair of pumps in the parish. _ _ _

The Commissioners sympathised with the plaintive hop-
merchant upon the decline of the fine arts, and were about
so make an order against defendant, when it was arranged
that her son should discharge the demand in equal monthly
payments. West returned his acknowledgments with a
salaam that spoke at least three quarto volumes of gratitude
and then made a thoroughbred Italian Opera exit.
James Kinnier, a bluff roundabout disciple of Galen,
whose admirable case exhibited that he was not of the San-
grado school, at least as far as concerned his treatment of
himself, summoned James Jennings for 1/. the amount of a
medicine bill.

Mrs. Jennings, for the defence, assured the Commission-
ers that one of the items in the account had been furnished
when the patient for whom it was intended was at least
half-way to Styx, if not already under the guardianship of
the ferryman.
Kinnier—l am certain she was not quite dead, and while
there is life there is hope you know.

The COMMISSIONER—There seems to be a great many
half-crown charges in the account ; of what nature'are they?
Kinnier—Oh, Sir, you have half the pharmacopeia there—
pills, powders, and electuaries, plasters, blisters, emolients,
and alteratives, and if those are not value for a sovereign,
why lives are not worth the saving, that's all.
The COMMISSIONER here made an order in favour of
complainant, who retired to reduce defendant's monetary
system by immediate bleeding.

Mr. Brahanz Kish, a dapper dandy-like personage, ap-
peared to answer the complaint of Charles Phillips.
Mr. Kish, who is a medical student, and exceedingly fond
of small tea parties,, in his natural anxiety to do the amiable
amongst his fair friends had ordered from the plaintiff, who
is his father's tailor, various flare-up articles of apparel,
which, as being beyond the pale of papa's ideas of toggery,
were to be placed to the account of the young gentleman
himself. Amongst these was a magnificent green velvet
vest and various other • natty appurtenances especially cal-
culated to set off a blonde physiognomy and aquiline nose
to the greatest advantage. After a sufficient period of
credit had elapsed without relieving plaintiff from the cog.
nomen of " a sufferer," papa was applied to, but proved ob-
durate, and the 'patter in consequence was placed under the
surveillance of the Commissioners.

Mr. Braham Kish pleaded hard the right of his sire to be
accountable, as he was still an apprentice, but in vain ; the
needle of Mr. Phillips could not be prevailed upon to tend
towards the pole of compassion, and defendant was in con-
sequence directed to satisfy the bill.