received confirmation from the very high authority that at present presides in the Court of Admiralty. He has to thank the most experienced Members of the profession for the assistance they have kindly rendered him; and as a very considerable part of this Work has already been submitted to their inspection, he feels confident that in what has thus been revised, no material error can have escaped their penetration and learning. Docters Commons, October 10th, 1815. REPORTS OF CASES DETERMINED IN THE HIGH COURT OF ADMIRALTY, &c. &c. &c. THIS VREEDE, HOFFKER. February 5th, 1811. Goods delivered adjudication in on bail to answer 1800.-Payment not de manded till 1810, the prin of the Sureties become bank HIS veffel, laden with a cargo of rice, fugar, coffee, and other goods, was captured on the fecond of May 1799, by His Majefty's fhip Ranger, Charles Campbell Efquire, commander, and carried into Yarmouth. The ufual proceedings were infti- cipal and one tuted by the King's Proctor, and on the 15th of June having in the ina claim was given by Mr. Vink, one of the partners in termediate time the houfe of Van Dyck, Gevens, and Co. of London, rupts.—Quefmerchants, for forty-one cases of sugar and nine casks of coffee, and alfo for fifty cafks of rice. On the against the other 18th of October 1800, bail was given to answer adjudi- a lapfe of time. cation by Gideon De Bie and John Tullock, and the Explanation of goods were in confequence delivered up to the Claimant. On the 13th of May 1801, the Judge decreed the fifty cafks of rice to be restored, and con tion, whether Court would en force the bond delay required from agent. Authorities in Chancery cited demned the fugar and coffee, which amounted in value pelled to pay. to the fum of £650 9s. 6d. This fum had never VOL. I. B been The VREEDE. 1811. been paid or demanded till the 14th of April 1810, when a monition was extracted against the parties to February 5th, bring in the value of the goods condemned. An attachment was now prayed against them for not complying with the terms of the monition. The Claimant himself, and one of the fureties, Mr. Tullock, had become bankrupts fince the bail was given. On the part of the Captor-The King's Advocate and Swaby.-The bail which has been given is common bail to anfwer adjudication: It is fubftituted for the thing itself, and although some of the parties have fince become bankrupts, that is not fufficient to dif charge them of their responsibility. They are, however, feverally bound by the terms of the bond, and therefore Mr. De Bie, who has not become a bankrupt, must at all events be refponfible. The parties must know that they have never been dismissed, and are ftill before the Court. The ftatute of limitations. does not apply, fince the debt is on record; it is a judgment of the Court, which is ftill unfatisfied. In the cafe of Ruffen and Co. against Colby, 1734, it was decided that bankruptcy does not difcharge a furety in the Admiralty. As to its being a case of hardship, that can form no legal ground on which they can refuse to be held by the terms of this bail-bond. For Mr. De Bie, one of the fureties—Jenner.—It is for the Court in its equity to determine, whether, confidering the laches of the captor, it will at this late period enforce the bond againft Mr. De Bie. If a demand had been made in due time, the money might have been recovered from De Vink himfelf, who has |