VICE-ADMIRALTY COURT OF NEW ZEALAND.

New Zealander, Volume 5, Issue 385, 22 December 1849, Page 2

VICE-ADMIRALTY COURT OF NEW ZEALAND.

Auckland, Wednesday, December 19, 1840, Before His Honor William Martin, E^q., Judge of the laid Court. The Schooner " Sm John Franklin." This court sat for the first time in this Colony for the trial of a suit instituted by Mr. William Wright of Sydney, (the holder of two Bottomry Bonds for £lS(i 5\ and £48 10s. lid , given in Auguit and September last by Captain Lillewal, then master of tie schooner Sir John Franklin,) for an order of the Court to sell the vessel to satisfy the amount Becured by the bondi. It was given in evidence that the vessel left this port for the Fccjee Islands in May last ; that on her return she put into Sydney, where money, required by the captain to pay wages of the crew, was advanced by Mr. Wright on a bottomry bond. Shortly afterwards she proceeded to sea for this port, but was obliged, by ■tress of weather, to put back to Sydney in a lenky state, when a second advance was made, and another bond given, The vessel arrived here, but Mr. Folack, the owner, refused payment of tho bonds, and tin tuit for an order to sell the vessel was instituted in consequence. Mr. Whitaker, who appeared for the owner, contended that the bonds were bad in law on threo grounds, viz, :— , lit. — Became the advances were made by the agent of the ship, and the bonds were given to him— the two character! of agent and holder of a Bottomry Bond being inconsistent and incompatible with each other 2ndly.— Became it did not appear from the papers that there existed the necessity tljat rendered « bottomry bond justifiable ; and 3 rdly.— Because the money might have been obtained by other means than by bottomry—the amount

tcoeived for freight and passage money being greater than the amount expended for the stores and repairs that were necessary lor the voyage. Mr. Hartley, appeared for Mr. Wright and contended that Mr. Wrights character as a bondholder commenced on the 28th August, before he appeared as agent of the vessel; that there did exist necessity to render the bond justifiable ; and that the money could not have been obtained by other means. The learned Counsel's arguments on both sides occupied the Court for a considerable time, when His Honor adjourned the Court until Wednesday, the 2nd January, 1850, when judgment will be delivered.