For an order ai the Coasignoes of Cargo to bring in the Freight.
This is an application on the part of the holders of a Bo eud which has been in suit in this Court, and in respect of which the Ship Bolirar was arrested and sold, for an order on the consignees of the cargo to Dung in the freight, which it is alleged they paid to the captain subsequent to a notice from the agents of the holters of the Bond that both ship and cargo had been bottomried.
Mr, Ronissos appeared for the Bondholders.
Mr. Eames for Messrs. Wilkin and Robison, the Consignees of the cargo.
Si Sin Evstuxsy Uorsny gare Judgment as follows appears that aiter the Bolivar arrived in Yokohai wi before any proceedings in Admiralty were comnienced, and before the Bottomry Bond itself came into the possession of the present applicants, the latter gave notice to Messrs. Wilkin and Robison that he ship and cargo had been bottomried at Rio and that they expected to receive the Boud, sending them hat the same time a copy ofa letter they had received on the subject from their correspondents, who were the holders of the bond. It further appears that some four days after the original bond was presented to Me-z3, Wilkin and Robison confirmatory of the notice given. Notwithstanding the notice on. the Sth of May 1868, and the actual production of the bond on the 12th of the sane month, Mesars. Wilkin it fit to pay the captain the freight, they uow resist the present application to bri into the Registry on the ground that they only Lad notice of the Bottomry' of the ship and cargo, no mention bein, jo of the freight, and they were therefore justified in paying it over to the captain, and they state further thes ifthe hal had notice of the freight b-ing secured Ly the Bond suck notice waa not in law sulticient. appears tu me that the notice x7a3 quite sufficient to put them on their guard against their paying it over to the eaptain—they knew the ship and cargo was under Bottomry, for the captain had told them so and they
Text read from the printed page and cleaned; old type leaves the occasional error.