The Sun.
London, England, 1835-01-31 00:00:00

ADMIRALTY COURT.

THE ELIZA—BOTTOMRY.
To the shipping and mercantile interests this was a ques-
tion of some importance, as it involved a point which might
often be urged in order to invalidate bottomry bonds. The
principal points in the present case are these :—The Eliza
left this country in March, 1832, with convicts for New
South \Vales, and after having landed her cargo and pas-
sengers proceeded to Singapore, where she arrived on the
sth of January, 1833. From Singapore she went to St.
Helena after a very protracted and dangerous voyage
of one hundred and thirty-two days' continuance. Tho
captain died on the passage out, and was succeeded
by the chief mate in the command of the vessel. On
the 4th of October the vessel arrived at St. Helena
in great distress, and an immediate supply of stores
became necessary for the passengers and crew. The firm
of Solomons and Co. were the first as pleaded in support
of the Board to apply to the captain (Marshall) to supply
the stores, and the offer being accepted they sent in the
supplies and repaired the ship, the expenses of which were
large. Captain Marshall gave a bottomry bond on the
vessel for 520/., the validity of which was opposed on be-
half of the owners, who alleged that they had an agent at
St. Helena, who would have provided the necessary stores,
and have drawn bills on the owners without hypothecating
the ship, and rendering the owners liable to maritime inte-
rest. It was also pleaded that the stores supplied Were bf
an inferior character, which would also tend to render the
bottomry bond invalid. The bond had been transferred to
the present holders for a valuable consideration.
Dr. ADDAMS, on behalf of the owners, opposed the bond
in question.
The KING'S ADVOCATE, on the part of the holders of
the bond, contended that the vessel was legally hypothe-
cated and the bond valid.

Sir JOHN NlcrioL gave judgment. The suit was brought
on a board'of oottomry given by the master of the Eliza for
supplies furnished at St. Helena, on her arrival there from
Sin-apore. The bond was dated on the 28th of October,
.1833, and was for 5201. Bs. 6d. The maritime interest
charged upon the bond was 71 per cent., and the bond was
payable thirty days after the arrival of the vessel in her port
of destination. There was one objection to the form of the
bond, and proceedings upon it had been mutually suspended
in order to obtain affidavits and facts in support and in
opposition to it from St. Helena. The masters and owners
bad made affidavits here, to which the Court must look
with the more care, as answers could not be given to them.
The Learned Counsel had cited cases in support and against
the bond. The Court had looked into these and a variety
of others, and one general principle appeared to be esta-
blished in all of them, viz., that the Court had always been
most anxious to sustain the credit and force of these bot-
tomry bonds when fairly given, and where no fraudulent
transactions were proved between the parties. If the case
was bona fide, the Court was ready to give force and effect
to these bonds. It was highly to the general interests of
commerce that the Court should uphold those bonds, unless
fraud was clearly established. The Court pronounced for
the bond, and with costs. ,

AN AGREEABLE ANTAGONIST.--We are never
so well pleased with an antagonist, as when he makes an
objection, to which we are provided with a good answer.---
Table Talk.

THE LATEST INFORMA ITION.—A certain news-
monger was relating with groat confidence a political occur-
rence, which he had from Ine first authority. ,4 That cannot
be," said a gentleman 'present, " for I have a letter dated tho
31st, which says tie contrary." " Ah," replied the narrator,
" but mine is b the 32d."

LIG;IT AND DARKNESS.-4 plant, which is not
uncfnnmon in India, (the cotyledon calycina) changes its pro-
;7erties very remarkably according to the period of the day and
night. The plant may be said to possess an herbaceous taste;
but in the morning it is as much, if not more acid, than sorrel,
probably from its imbibing oxygen during the night.

DRY FOOD AND STRICT NEUTRALITY.-""
Among the grievances suffered by the inhabitants of Oporto
during the siege, was the following related to me by aPortugueso
officer : "You must know, well," he said to me, "that our people,
don't like dry food ; in the spring of last year our oil was el:
expended, and we could swallow with difficulty our rice.
was acquainted with the Captain of one of your men-of-tver
lying in the Douro, and I said to him one day, I want to
make a bargain with you ; we are choked witty our dry rice:
and if you will get me (which you can easily do) one bottle 01
oil for myself and messmates, I'll give you a dozen of the
best Port that is to be found here.' The captain said he
would ; accordingly next day I got the wine, and went Of
the oil. The captain said Call again to-morrow.' I did em,
when he told me, In a week I'll be able to get you the oil
at the end of which time, when he was making more excases•
I esked him if he meant to give me the oil or not, for the
wine was all ready for him, 'To tell you the truth,' said be,
I must not give you arty oil, not even a bottle of it; we
must, you know, preKrve a strict neutrality.' Mil diabolos (e
thousand devils) take his neutrality ! I never spoke to iii°l
afterwards..-_A/exander's Sketches in Portugal.

BIRTHS.
On the 30th inst., in Guildford-street, Russell-square, the Wife
of Thomas Michael Cormack, Esq., of a son, still-born.
On the 28th inst., in Portlantl-place, the lady of James Ruddell
Todd, Esq., of a son. -
On the 29th inst., the lady of Dr. Holland, of 'Lower Broot*
street, of a (laughter.
On the 30th inst., in Cornwall-terrace, Regent's-park, the WI/
of William Poynter, Esq., of a daughter.
On the 28th inst., at Woodcote, near Epsom, the lady of E. ll'
Northey, Esq., of a son.
On the 25th inst., at Forres House, Forres (N. 8.), the re
dente of F. W. Russell, Esq., the lady of Captain H. C. Cotton'
the Madras Engineers, of a daughter.
On the 28th inst., in Brunswick-square, Mrs. Ching, of & son'
On the 28th inst., at Tooting, Mrs. R. Obbard, of a son.
_,,,
On the 29th inst., at Grange-walk, Hoxton, Mrs. Joseph Rattui"
of a daughter.
On the 27th inst., at Kensington, the lady of Francis Bade
Esq., of a son.

MARRIED,
On the 26th inst., at St. Mary's, Lambeth, Mr. Thomas
mer, of Kennington, to Franci*, Jane, eldest daughter of Geort,
Beard, Esq., of Cannon-steet, City, and Kennington-comOu'
Surrey.
On the 27th inst., at Llanbedr, Crickhowel, Wm. James, 01$:
surgeon, of ISklton-street, Euston-square, to Anne Trevor, °tit,
daughte' of the Rev. Edward Lewis, late rector of Newtown, in°
gorseryshire. ,
C
On the 28th inst., the Rev. Gerard Edwards Smith, 13—cw,fr
F'

East. Marden, Sussex, to Isabella, second daughter of Mr. -
Clark, of Mincing-lane.
.101°
On the 97th inst., at Lewisham, Edward Pickering, son of 44
Parkinson, Esq. of Acton, to Selina, eldest daughter e: Ric"
Preston Richard, Esq., of Sydenhem, Kent. of
Feild, M. F. '

On the 15th inst., William Henry .c'eilden, Esq., -
Feniscowles, Lancashire, to Mary Elizabeth, daughter of the
Colonel Wemyss, of Wemyss-hall, Fifeshire. god
On the 26th inst., at St. Michael's, St. Alban's, Charles
Bloxam, Esq., of Abingdon-street, Westminster, to Elie& ISIO'e
of Chapel-place, Oxford-street. ept
On the 24th inst., at West Hackney Church, Mr. Cleo
Uzielli, of the Prerogative-office, Doctors'commons, to 9
second daughter of Edward Loader, Esq., of Stoke Newine...,"

_
London: Printed and Published by MURDO
at The Sun Office, No. 112, Strand.