The interest of a suitor in a case of damage may be said to be rested at the period when the damage was done; was he entitled to the benefit of a future increase of the value of the subject? Suppose a case of collision, where the vessel doing the damage is herself seriously injured, and forced to go into a foreign port for repairs, and there a bond was granted; what would be the effect of denying the validity of a bottomry bond granted afterwards, universally? Why, a serious impediment would be thrown in the way of all bottomry bonds; the lender would have not only to calculate on future contingencies, but to inquire into past transactions. Was not the interest of the party who had received the damage benefitted by the vessel being repaired and sent to her port of destination? He, (the learned judge,) could not say, therefore, that universally, all such subsequent bonds must give way to prior claims of damage. Against the owner repairing his ship, the claim of the suitor in damage went the whole length of the loss, against the ship and repairs subsequently done where there is no bond. When the repairs are done by a bondholder, it is totally different. How far did these principles apply to the present case? In common equity there appeared to be no difference between an agreement for a bond and a bond itself. Why should the owner of the Panther be benefited at the expense of Mr. Day, because he had assisted bona fide the ship in distress? Though it might be that the court had not power to order the money to be paid to Mr. Day, he could say to what the owner of the Panther was entitled, and he could not in justice direct that he should be paid out of the proceeds, so far as they were the value of repairs done by Mr. Day prior to the arrest. With respect to the remainder of the money, the first question was, had this court jurisdiction, even if a bond had been granted, where the ship had never put to sea? Secondly, had it jurisdiction where there was no bond, but only an agreement for a bond? He was not aware of any decisions on this subject; but, on the supposition of the contrary, the bondholder might easily be defrauded of his remedy—a consequence inconsistent with the general interests of commerce. In the prize courts ameliorations had been allowed even where the purchaser had bought with a bad title, on the broad principle that he might not have known of the infirmity of his title, and that the former owner got all he lost. The present question, however, was between Mr. Day and the owner of the Panther, not the owner of the Aline. The course he 'should adopt was this; he held the owner of the Panther entitled only to the value of the ship before the repairs, and to the value of the repairs after the arrest. The residue he should direct to remain in the registry, not to be paid out without the consent of the owner of the Aline, or, at least, notice to him. With respect to the claim for freight, pro rata itineris, that demand must be rejected. With respect to costs, he regretted that such questions should occur in a case of so small a value; but he could not give costs where points of such difficulty arose.

SEAMENS' WAGES.-Among the appeals decided at this circuit was one of considerable interest and importance to mariners. The main fact on which the question turned were these:-The brig Hannibal was chartered in the year 1836, to sail from London on a voyage to Trieste, from Trieste to Odessa, and from Odessa back to England. On 28th March, 1836, she sailed from London with a general cargo, which she delivered at Trieste on the 18th May following, thereby earning freight. She then proceeded from Trieste to Odessa in ballast, and at the latter port she took in a cargo of linseed, with which she set sail for England on the 6th August. On the 12th of that month she was caught by a sudden squall in the Dardanelles, and instantly foundered and sank; and all hands on board perished, with the exception of one man and a boy. The British consul at the Dardanelles employed some divers or salvors, who succeeded in raising the vessel and towing her to land. Afterwards she was sold, and after paying expenses, the proceeds of the hull and materials were remitted to the owners, or to the underwriters in this country with whom the vessel was insured. In the year 1837, the representatives of Alexander Hood, one of the men who were drowned on board of the vessel, raised an action against the owners, beore the sheriff of Forfarshire, contending for payment of the wages due to the

The autho

deceased for his services from the time the vessel left London, till the day of his death. After considerable discussion the sheriff-substitute gave judgment, sustaining the claim, and to this judgment the sheriff adhered. It was against these decisions that the present appeal was taken. It was admitted by the owners that freight was due down to Trieste, because up to that time the vessel had earned freight; but they denied their liability for wages beyond that point, on the strength of the doctrine, "freight is the mother of wages." rity mainly relied on by the other party in opposition to this doctrine, was a decision pronounced by Lord Stowell in the Admiralty Court of England, by which wages were adjudged to the crew of a shipwrecked vessel called the Neptune, out of part of the wreck which they had saved. The owners of the Hannibal pleaded that that case was not a precedent, inasmuch as the crew of the Neptune were themselves the persons who saved the wreck, and claimed the wages in person, and that the wages were truly awarded to them on account of their exertions in saving the wreck; whereas the person in whose behalf the present claim was made perished in the wreck, and the vessel was saved by strangers. On the other hand, it was maintained for Hood's representatives, that the principle of Lord Stowell's decision was this:-that where part of a vessel is saved, no matter how, or by whom, the seamen, or their representatives, can come upon it for wages, in virtue of their linen or hypothec, which is preferable to all other claims. Lord Mackenzie, after hearing counsel at great length upon the point, gave judgment affirming the decision of the sheriffs, and thus sustaining the claim of the seaman's representatives. At the same time, his lordship stated that it was a point of great difficulty.-Perth Courier.

SOPHIA. Salvage.-This was a suit brought by the owners of the Royal Adelaid steamer, for salvage service rendered to the Sophia, on the 14th and 15th September last. The steamer was on her voyage from Dublin to London, with a valuable cargo, and 150 passengers; the ship and freight were worth 60,0001. when she fell in with the Sophia, bound to New South Wales, with a freight, &c., valued at 30,000l., and which had been run down by the Lord Goderich. The Royal Adelaide took the Sophia in tow, and brought her safely to Gravesend, for which service the owner tendered 6501.; this was refused, and the action was for 6,5001. Dr. Phillimore, with whom was Dr. Jenner, for the salvors, said the tender was insufficient, as the wind was blowing a gale at the time, and many lives had been saved from almost certain destruction. The Queen's Advocate, and Dr. Haggard, on behalf of the Sophia, contended that nothing but towage had been performed, and that the tender was most ample. Dr. Lushington, after going over the facts of the case, decided, that although no danger had been incurred, yet considering that steam-vessels of such great power as the Royal Adelaide could render prompt and efficient service, the salvors were entitled to 10001.

NEW BOOKS.

THE LETTER BAG OF THE GREAT WESTERN; OR, LIFE IN A STEAMER. By the author of Sayings and Doings of Sam Slick. Bentley, New Burlington Street.

THE Letter Bag contains some vastly amusing and entertaining productions, fit for all hands, fore and aft, from the captain to the cook. Here is one from an old hand.

"My Dear James,-Just as I was embarking I received your letter requesting me to give you a full account of my voyage, and such hints as might be useful to you when you shall make the passage yourself. The first is unnecessary, for there is nothing to tell. Every man is alike, every woman is alike (they are more alike than the men, too much of the devil in them,) every ship is alike, especially steam ships, and the incidents of one voyage are common to all.— Faries non omnibus una, nec tamen diversa.'

"The company usually consists of young officers joining regiments, talk

Gibraltar, Cape, Halifax, Horse Guards, promotion, and sporting; of naval men, talk-insults to flag, foreign stations, crack frigates, round sterus, old admiral; of speculators, talk-cotton, tobacco, flour; of provincials, talk-Durham, Head, Colborne, Poulett Thomson; of travellers, talk-Mississippi, Niagara, Mahon Bay; of women, talk-headache, amusements, and nonsense about Byron; of Yankees, talk-Loco Focos go-a head, 'dollars; of manufactures, talk-factors and machinery; of blockheads, who chatter like monkeys about every thing. The incidents are common to all; fall on the deck-wet throughvery sick-bad wine-cold dinner-rough weather-shipt a sea, and a tureen of soup-spoke to a ship but couldn't hear-saw a whale, but so far off, only a black line-feel sulky. There is nothing, however, to tell you but what has been told a thousand times, and never was worth telling once; but there are a few maxims worth knowing.

"1st. Call steward, inquire the number of your cabin; he will tell you it is No. 1, perhaps, 'Ah, very true, steward; here is half-a-sovereign to begin with, don't forget it is No. 1. This is the beginning of the voyage, I shall not forget the end of it.' He never does lose sight of No. 1, and you continue to be No 1, ever after; best dish at dinner, by accident, is always placed before you, best attendance behind you, and so on. You can never say with the poor devil that was henpecked, 'The first of the tea and the last of the coffee for poor Jerry.' I always do this.

"2nd. If you are to have a chum take a young one, and you can have your own way by breaking him in yourself. I always do.

"3d. If the berths are over each other, let the young fellow climb, and do you take the lowest one; it is better he should break his neck than you. I always do.

4th. All the luggage not required for immediate use is marked 'below.' Don't mark yours at all, and you have it all in your own cabin, where you know where to find it when you want it. It is not then squeezed to death by a hundred tons of trunks. If you have not`room in your cabin for it all, hint to your young chum he has too much baggage, and some of it must go 'below.' I always do.

"5th. Don't talk French, it brings all those chattering grimacing fellows about you. I never do.

"6th. Make no acquaintance with women, on many accounts; first, they have no business on board; and secondly, they are too troublesome. I never do. "7th. Never speak to a child, or you can't get clear of the nasty little lapdog thing ever afterwards. I never do.

"8th. Always judge your fellow-passengers to be the opposite of what they appear to be. For instance a military man is not quarrelsome, for no man doubts his courage; a snob is. A clergyman is not over straitlaced, for his piety is not questioned-but a cheat is. A lawyer is not apt to be argumentative; but an actor is. A woman that is all smiles and graces is a vixen at heart; snakes fascinate. A stranger that is obsequious, and over civil without apparent cause, is treacherous; cats that pur are apt to bite and scratch like the devil. Pride is one thing, assumption is another; the latter must always get the cold shoulder, for whoever shows it is no gentleman; men never affect to be what they are, but what they are not. The only man who really is what he appears to be, is a gentleman. I always judge thus.

"9th. Keep no money in your pockets; when your clothes are brushed in the morning, it is apt-ahem-to fall out. I never do.

"10th. At table see what wine the captain drinks; it is not the worst. I always do.

11th. Never be at home' on any subject to stupid fellows, they won't call again. I never am.

12th. Never discuss religion or politics with those who hold opinions opposite to yours; they are subjects that heat in handling until they burn your fingers. Never talk learnedly on topics you know, it makes people afraid of you. Never talk on subjects you don't know, it makes people despise you. Never argue, no man is worth the trouble of convincing; and the better you reason, the more

obstinate people become. Never pun on a man's words, it is bad as spitting in his face; in short whenever practicable, let others perform, and do you look on. A seat in the dress circle is preferable to a part in the play. This is my rule.

13th. Be always civil, and no one will wish to be rude to you; be ceremonious, and people cannot if they would. Impertinence seldom honours you with a visit without an invitation; at least-I always find it so.

"14th. Never sit opposite a carving dish; there is not time for doing pretty. I never do.

"15th. Never take a place opposite a newly-married couple; it is a great many things-tiresome, tantalising, disgusting, and so on.-I never do.

"16th. Never sit near a subordinate officer of the ship, they are always the worst served, and are too much at home to be agreeable. I never do.

17th. Never play at cards. Some people know two little for your temper, and others too much for your pocket. I never do.

18th. There is one person to whom you should be the most attentive and obliging, and even anticipate his wants. His comfort should be made paramount to every other consideration, namely, yourself. I always do.

"There are many other corollaries from these maxims, which a little reflection will suggest to you; but it is a rule never to write a long letter.

do.

Yours, always,

I never

"JOHN STAGER."

We may possibly find room for another extract or two hereafter. THE EARTHQUAKE OF JUAN FERNANDEZ, as it occurred in the year 1835, authenticated by the retired governor of that island, to which is added a refutation of of several mis-statements that have been published in the Nautical Magazine of 1837, and the public press.-Manchester, 1839.

THE reader must not expect to find more about the earthquake here alluded to, than has long been known. The accounts of it just fill three pages out of twoand-thirty, the remainder being devoted to extracts relative to the insurrection at Juan Fernandez, the particulars of which interest few besides those immediately concerned, and the government to which the island belongs. One of those is the author of the pamphlet before us, Mr. T. Sutcliffe, the ci-devant governor alluded to in the title we have quoted. But this same title makes grave assertions about "mis-statements, that have been widely circulated" in the Nautical; and as they are considered injurious to the character of the late governor, it behoves us to look into them, and we must, therefore, request a little of our readers' patience. It appears that one of our correspondents, Capt. Masters of Liverpool, happened to touch at this island soon after the insurrection, and learned tidings of the affair which he communicated to us, with other important information for the benefit of his brother seamen.

Now, we have really been surprised at the general correctness of our correspondent, for the statements he makes are, in the main, confirmed, requiring only a little qualification; and this we shall find in the governor's own account. First; of the dry provisions destroyed, (not all in the island, as stated by Capt. Masters,) we learn that those of the government were saved, while the governor lost personal property to the amount of 3,000 dollars. (p. 31.) The next statement objected to of Capt. Masters, and quoted in italics in the pamphlet before us, is that during the insurrection the soldiers rallied and attacked the prisoners, retook the fort, and recovered their arms." (p. 6.) the governor says, "I sallied out, and ordered my men to keep up the fire as they were advancing

and entered the castle. We killed two, wounded six, and took fourteen prisoners; the rest escaped with their fire-arms to the mountains." (p. 11—12.) Again Capt. Masters is quoted, saying, "The second in command put the commandant (an Englishman,) under an arrest, for inattention to his duty, and which neglect was considered the chief cause of the prisoners rising." (p. 6.) Different persons will always find different reasons to suit their own ideas of an affair, but here is an extract from the letter of the second in command, quoted by the governor; "I have considered it my duty to demand of V. S. *** all the ammunition in your house, * * also that V. S. will remain under an

arrest in your habitation." (p. 14.) Again says Capt. Masters, "he was sent to Valparaiso to be tried;" (p. 6.) and, says Mr. Sutcliffe, Immediately on disembarking in Valparaiso, I waited on the governor, Don Ramon Cavareda." (p. 28.) Now, the foregoing forms the substance of the objectionable passages related by our correspondent, and certainly they are pretty clearly corroborated by the retired governor's own words.

But as we said, the account requires a little qualification here and there. Au insurrection, at the bottom of which was a friar! (verifying the Spanish proverb which says, "there never was mischief without a friar for the counseller,") took place at Juan Fernandez, in which the second in command deposed the governor, who was subsequently put on his trial in Chili, and declared to have fulfilled the duties of his office with good faith and efficiency. Those who plotted and executed the affair, were also tried, and as might be expected from Spanish justice towards Spaniards, where an Englishman was accuser, escaped comparatively unharmed, instead of forfeiting their lives for their conduct. Now all these particulars were entirely unknown to our correspondent, Capt. Masters, and we have done our duty in adding them; a course which, we hope, will serve to remove impressions considered highly injurious to the character of Mr. Sutcliffe. For our own part, however, we are unable to see any such tendency in Capt. Masters' account: we can fully appreciate the difficult situation of Mr. Sutcliffe, in dealing with such persons as he had under his orders, and we trust that he may find the government just and generous enough to compensate him for his losses. He may then with truth say, "Los pueblos no estau siempre ingratos."

The views and plan which accompany the work representing the bay ¡during the earthquake, are useful and interesting.

V. S., "Vuestra Senoria," Your Excellency.

SHAKINGS.

ATLANTIC STEAMERS.-It is estimated the repairs which the Great Western steam vessel is now undergoing will amount to 6,0001., whilst the alterations and improvements about to be effected in the British Queen will not be less than 13,0001.

LOBSTERS in NORWAY.-Next to timber, lobsters form one of the greatest articles of Norwegian export. On the rocky coast of Christiansand they are found in greater numbers than in any other part of the world; and from Bergen, which lies further to the north, as many as 260,000 pairs have been exported in one year.-Bremer's Excursions in Denmark, Norway, and Sweden.

DISAPPEARANCE OF AN ISLAND.-A Vienna correspondent of a Paris paper, states that accounts have been received from Venice of the disappearance of a little island of the lagoons, in the waves of the Adriatic, twelve persons who were on it having been buried in the waters when the island was overwhelmed. The archduke, viceroy of the kingdom of Venetian Lombardy, had gone from Venice to inspect the ravages caused by the late inundations, and the clergy of Milan and Cremona were exerting themselves to relieve the sufferers.

GRATITUDE.-To Captain Codrington.-Sir, I embrace the first leisure which my business on arriving at this port affords me to express, as in duty most bounden, my unfeigned gratitude for that seasonable aid which, in the generosity of your truly British heart you afforded to me in the moment of peril and distress, and when my little all was at stake.