The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-06-21 00:00:00

LA W REPO!? 7'

COURT OF EXCHEQUER, WEDNESDAY, JULY 19.
HUNT V. ROCKLIFF AND DUCKWORTH.
Mr. Hunt having commenced an action against the Pub-
lishers of the Liverpool Journal, for a libel contained in a para-
graph respecting the Preston election, it was tried this day
before Lord Lyndhurst. Verdict for the Piaiutiff, with Fort'
Shillings daniages. An action against the Publisher of the
Globe for a similar paragraph came on the same day, with a ver
dict fur the Plaintiff, and Forty Shillings damages.

ADMIRALTY COURT, TUESDAY, JUNE 18.
THE ORELIA.-BOTTOMEY.

Thii was an action on a bottomry bond given by William
Hudson,. the master-of the Orelia, bound to London, to Mr.
Henry Barlow, at the Mauritius, for £900; bearing a maritime
interest of 18 per cent. The owners, as well as the master, have
becqme bankrupt, and the proceeds of the sale of the ship, now
iu the registry, are insufficient to meet the full, deMand of the
bondholder. It appeared that the master of thete*ssel was part
owner, but had mortgaged his share to the full an cunt; that
he had traded between Swan River, Souralrava,,and the Mau-
ritius, in the years 1830 and 18.31, partly on his own account;
that his consignees. at the Mauritius were Thomson, Pasmore,
and Co., to whom he became indebted in a balance of 900 dol-
lars, besides 514 dollars due to Mr. Edes on a bottomry bond,
and I:50 to Messrs. Pearson and Co. ; that the vessel was
stopped from proceeding on her voyage by a process in the
court at the Mauritius till the two latter sums were paid, Thom-
son, Pasmore, and Co. holding, as consignees; a cargo of rice
belonging to the master; that- an advertisethent was inserted
by Thomson and Co. in the Gazette of the island, of the 20th
May, inviting a loan for 3000 dollars on the hottom of the ship;
that Mr. Bailow, in casual conversation, on the 12th of June,
hearing that Captain Hudson was in want of a loan on bot-
tom'', and being desirous to remit money to England, by ad-.
vice of Mr. Cockney, the procurator-general of the on
the 15th of June, agreed to edvance-£900; (which was more
than the sum advertised for,) on bottomry; and the bond was
executed without any inquiry made by the lender, of the con-
signees, as to the actual necessities of the master.
-Dr. DODSON (with whom was Dr. Addams,) on the part of
the assignees of the owners, contended that the vessel was not
in a condition to require an advance on bottomry ; that the
master was not without funds and credit; that the money ad-
vanced was not applied to the necessary repairs of the ship, but
to the purposes of the master; and that the-bondholder had not
exercised due caution, or made proper inquiries, which would
- have disclosed to him the real state of the ceee., •
The Kitw,'s ADVOCATE (With whom was Dr. Haggard) ar-
gued that there had been perfect hone files on the part. of the
bondholder; that he had dealt with the master, not merely in
his capacity of master, but as part owner;
.that although be
might have been guilty of some inadvertence in not consulting
the- consignees, Alessrs. Thomson and Co., they bad in fact held
out, by their advertisement, that a bottorury bond was necessary
and that, in point of fact, the vessel not being able to sail till
the accounts of the master were liquidated, she was in a condi-
tion to justify an advance on hottomry. -
Sir Joite NICHOLL held that, under the circamStaireee.of the
case the bondholder was entitled to no priority of 'claim.. 'Alt.
Barlow hail not exercised that reasonable degree of caution
which would have shown that the master was without funds or
credit, and that the vessel was not in want of. those necessary
repairs and provisions which could justify a security which gave
the lender a priority of claim; and if he had been overcome•
by the representations of Hudson,—if Hudson had; as he stated
in one of his letters swindled him,—the loss must fall .upon
him, on account of his want of caution. Botterary bonds were
not to be used merely as a convenient mode of remittance to
England. He directed the money to he paid out of the re-
gistry to the assignees of the owners.

Vott's Contr.

THE FISHER.

(FROM THE GERMAN OF GOETHF.)
THE water rushed, the water swelled,
A fisher sat beside,
And cool in heart, with steady gaze,
His angling rod he eyed.
And as he sat, and as he gazed,
Apart the waters gushed,
And from the heaving depths upraised.
A female figure rushed.
She sang to him, she spoke to him ;
" My brood why dolt thou lure,
With human craft and human skill,
When these death-heats endure ?
Ah! knew'st thou in what bliss abide
The little fish below,
Soon wouldst thou seek beneath the tide

Thy first true joys to know."
The s'm's loved light sets in the sea,
The moon bathes in the main,
And oh ! more bright, when wave refreshed
Sweep they not back again ?
That mirror'd face, that deep, deep sky,
That liquid, glorious blue,
Allure they not thy soul to try
The ever-lasting dew.

The water rushed, the water swelled,
His naked feet above,
And through his longing heart it thrilled,
Like greetings from his love.
The maiden spoke, the maiden sung ;
All, all, was over then ;
Half dragged she him, half in he sprung,
And ne'er was seen again !

EIN Fiscnint

FROM nut EXEQUY ON THE DEATH OF A BELOVED WIFE.

(BY 1411NEY ZING, BISHOP OF CIIICIIESTER ; BORN 1591, DYED IGO.)
SLEEP on, my love, in thy cold bed,
Never to be disquieted
My last good night ! ' thou wilt not wake
Till I thy fate shall overtake ;
Till age, or grief, or sickness, must
Marry my body to that dust
It so much loves; and till the room
My heart keeps empty in thy tomb.
Stay for me there ; I will not failo
To meet thee in that hollow vale ;
And think not much of my delay,
I am already on the way,
And follow thee with ail the speed
Desire can make, or sorrows breed,
each minute is a short degree,
And every houre a step towards thee ;
At night, when I betake to rest,
Next morn I rise nearer my West
Of life, almost by eight houres' sail,
Than when sleep breathed his drowsy gala 1"