rent length open eastward of Brean Down, S. by E.; Flatholme light tower, S.W. S.

New Patch, white, lies in 9 feet, with the high land of Minehead, just open southward of the south end of Flatholme Island, W. S.; Cardiff church tower, and the two glass-house chimnies at Cardiff, apparently at equal distances, the church tower being the eastern object, N. E.

Wolves, red and white chequered, lies in 5 fathoms, half cable's length westward of the rocks, with Hayes' windmill, on with the west end of Sully Island, N.W. northerly; Penarth Head, N. by E. † E.; Flatholme light tower, S. E.

Lavernock, white, lies in 4 fathoms, with north cliff, (or red brick point,) just open southward of Ball Point, W. by N. N.; Lavernock church belfry, on with Lavernock Point, N.N.W. W.

One Fathom, black, lies in 5 fathoms, with Barry church (with Belfry) twice its apparent breadth, on the west end of Barry Island, N. by W.; Lavernock Point, N.E. by E.; Flatholme light tower, E. northerly.

East Culver, red, lies in 63 fathoms, with Penarth Head, on with Lavernock Point, N.N.E. E.; Black Nose Point, just open southward of Stepholme Island, E. by N. N.; Flatholme light tower, N.E.E.; Burnham church tower, S.E. by S.

West Culver, red and white striped, with beacon, lies in 4 fathoms, with Swallow Cliff, a little open of the south end of Steepholme Island, E. N.; Willet's Tower, well open to the westward of west Quantock's Wood, S.S.W. W. westerly; East Culver buoy, E. § S.

Gore, black, lies in 3 fathoms, with Worle windmill, its apparent length on the south part of Brean Down, E. by N. 1 N.; Burnham high light tower, its apparent length open eastward of the low light tower, E.S.E.; Flatholme Island, its apparent width open northward of Steepholme Island, the light tower upon the former island bearing N.N.E. E.

Breaksea, black and white striped horizontally, with beacon, lies in 5 fathoms, with the Nash low light tower, apparently midway between the high light tower, and the white beacon upon St. Donat's Cliff, N.W. W.; Evans' farm house, apparently midway between a large yellow dwelling-house, and Limpert House, the latter being the eastern object, N. by E. E.

East Nash, black and white chequered, lies in 4 fathoms, with Groes' House, yellow, twice its apparent width open westward of the tower upon Dunraven promontory, N. easterly; the north side of the Nash high light tower, on with the south side of the low light tower, S.E. by E.

E.

Nash Swatchway, black, lies in 23 fathoms, with Sker House, on with Rhwychwyn Point, N. E.; Newton Down windmill, its apparent length opened northward of Newton Nottage church tower, N. N. E. E.; The Nash high light tower, its apparent length open eastward of the low light tower, S.E. E.; Tusker buoy, N.E.

West Nash, black and white chequered, with beacon, lies in 6 fathoms, with Newton Down windmill, on with the centre of the breakwater at Porth Cawl, N.E. by E. E.; the Nash low light tower, S.E. E.; East Skerweather buoy, N. easterly.

Tusker, green, lies in 44 fathoms, a cable's length southwest of the rock, with Newton Down windmill, on with a cluster of trees eastward

Newton Nottage church tower, N.N.E. E.; a windmill upon the sea-shore, on with Dunraven Point, S.E. by E.; the Nash low light tower, S.S.E. E.

East Skerweather, red and white striped, lies in 6 fathoms, with a conspicuous shaft on the summit of the highest hill, open eastward of Constantinople Cottages, the apparent length of them, N.N.EE.; Margam Trees, on with the west end of a long stone wall, terminating near the beach, E. & N.; Nash low light tower, S.E. S.; Mumbles

light tower, N.N.W. É.

West Skerweather, red, with a beacon, lies in 44 fathoms, with Constantinople Cottages on with the mouth of Aberafon harbour, E. N.E. northerly; Margam Trees open southward of Sker House three times their apparent width, E. by S.; Nash high light tower, S. E.; Mumbles light tower, N.

E.

Mixon, white, lies in 10 fathoms, with Porth Einion Point, on with Oxwich Point, W.N.W. westerly; Kilvey old mill tower, on with Swansea east pier head, N.E. E.; Mumbles light tower, N.E. N.

East Helwick, black, lies in 2 fathoms, with Rhossily Point open westward of Tear's Point, the supposed breadth of a ship, N.N.W. W.; a white building upon the high land, apparently midway between two white cottages below that building, N.N.E.É.

Helwick Swatchway, black and white striped, lies in 4 fathoms, with Burry Holmes appearing in the centre of Worms Sound, N.N. E. E.; Oxwich Point on with Porth Einion Point, E.S.E. easterly.

West Helwick, black, with beacon, lies in 5 fathoms, with Rhossily parsonage house on with the extreme east end of Worms Island, E. by N. northerly; Caldy light tower, N.W. N.; Port Einion Point, E.S.E.

Woolhouses, red, lies in 34 fathoms, a cable's length south-east of the centre of the rocks, with Caldy light tower, its apparent length open southward of the beacon upon that Island, S.W. W.; Lidstep Point on with Giltar Point, W. by N.; Tenby church spire, N.W. by N.

N.B.-The buoys laid off the Monkstone, Wolves, Tusker, and Woolhouses Rocks, are to be considered as temporarily placed, it being the intention of the corporation to cause beacons to be erected on those rocks, if practicable.

By order,

J. HERBERT, Secretary.

Trinity House, London, 6th August, 1838.

ENGINEERS IN THE NAVY.-Memorandum.- Admiralty, 19th July, 1838.-With reference to the memorandum, dated 15th inst., establishing an increase of the pay of Engineers in her Majesty's service, the Lords Commissioners of the Admiralty are pleased to direct that the following scales be adopted for regulating the Allotments and Monthly Allowance of Engineers while actively employed, and while employed in Guard Ships, commencing on the 1st of August, and that the memorandum, dated 6th of January, 1838, be rescinded, viz ::-

ALLOTMENT. While actively employed-1st Engineer, per calendar month, 67. 10s.; 2nd ditto, 47. 6s.; 3rd ditto, 27. 17s.-While in Guard Ships-1st Engineer, per calender month, 47. 5s.; 2nd ditto, 27. 13s.; 3rd ditto, Il. 16s.

ENLARGED SERIES.-NO. 9.-VOL. FOR 1838.

4 M

MONTHLY ALLOWANCE.-While actively employed-1st Engineer, per calender month, 37. 10s.; 2nd ditto, 27. 5s.; 3rd ditto, 17. 10s.— While in Guard Ships-1st Engineer, per calender month, 27. 10s. ; 2nd ditto, 17. 10s.; 3rd ditto 17.

By Command of their Lordship's, C. WOOD.

SUBMARINE VOLCANO.-On the 25th of last November, the captain and passengers of the brig Cæsar, from Havre, on passing the bank of the Bahama, saw an enormous fire, which increased till it had tinged the whole of the sky, and part of the horizon. It was kept in sight for four hours, and could only be accounted for as proceeding from a submarine volcano. On the 3d of January the captain of the Sylphide, also from Havre, being on the same spot, found the sea disturbed, and whitish in colour, which he attributed to the same cause. To these notices, conveyed to the French Academy of Sciences, M. Moreau de Joannes adds, that on the 30th of the same December, an earthquake took place at Martinique. The shock was violent and the heat very great.

Law Proceedings.

NELSON.-Lien.-Sturge v. Buchanan.-Action to recover value of a cargo of oil, a right of lien thereon, claimed by defendant. Plaintiff, owner of Nelson, fitted for whaling voyage in South Seas. Sailed; and obtained cargo; but being damaged, put into Sydney to repair. To pay expenses of repair, borrowed money from the house of Lamb Buchanan at Sydney; and as security for payment, transferred the oil from the Nelson, with the bill of lading, to be forwarded home to a partner in London. Defendant, agent for the above house, received the bill of lading, and the cargo was consigned to him. On arrival of the Lady Harewood, defendant claimed cargo as assignee. Opposed by plaintiff, as owner, who obtained an injunction from the Court of Chancery against delivery of cargo. Contended for plaintiff, that captain had no authority to pledge the cargo thus; that he had unnecessarily refitted the vessel for another voyage, instead of bringing her home; that he had no right to put into Sydney, or to refit there, being directed not to do so, to avoid the desertion of his crew, and the expensiveness of materials; that he should have brought his own ship home with the cargo, instead of sending it in another ship; and that having thus exceeded his authority, he could give no right over the cargo to the defendant for such excess of expenditure, and could only recover for such repairs as were required for the home voyage. Answered, that the Nelson was obliged to put into Sydney for repairs before she could proceed to England, nearly equal to those necessary for a new voyage; that her captain had acted for the advantage of the owner, and that his acts should be considered as authorized and confirmed by him. After an adjournment, Lord Denman said, that the present action was to recover the sum of 6,6697., the proceeds of certain oil, the property of the plaintiff, which the defendant had got possession of, by virtue of being a partner with Mr. Lamb at Sydney. The defendant claimed a set-off for payments made by Mr. Lamb. He considered it admitted that the captain's acts at Sydney were unauthorized, and there was no reason for supposing that Mr. Lamb could think the captain had authority to refit and go on a new adventure. The ques tion was, whether the plaintiff in London had acted so as to adopt and make himself liable to the unauthorized proceedings of the captain at Sydney. It appeared to him that if all that had been expended for the real benefit of the ship was allowed to the defendant, and also all that the plaintiff must have paid in order to get the oil out of the Nelson, there would be as much allowed as he would be entitled to. The jury returned a verdict for the plaintiff, subject to the deduction of the expenses necessary for the landing and wharfage at Sydney, and the voyage home. The amount of this allowance was agreed to be settled out of court.-Admiralty Court, 21st Feb.

MACDONALD . JOPLIN.-Wages.-The mate of a vessel (plaintiff) on arriving at Liverpool, before discharging cargo, applied to captain for permission to leave her. Being refused, he left her the next day, went to Newcastle, and never returned. Contended that plaintiff had deserted, and had forfeited his wages, on the well-known point

of maritime law, that "freight is the mother of wages." Answered, that cases cited did not bear on question. Mr. Justice Coleridge decided that it was an absolute desertion, and leave would be given for plaintiff for amount claimed.

MR. EDITOR,-In the 353rd page of the Nautical Magazine for May, in the report of a trial involving the construction of the Pilot Act, by which it appears that a pilot is not responsible for accidents of collision caused by want of a proper look-out being kept on board a vessel, doing damage, of which he may be in charge. After such a decision in the Admiralty Court, (of which, by the bye, there are a number of precedents,) is it probable that in an action at common law, in the Queen's Bench, the Court would give a contrary decision? Having put a question, I will now proceed to state the case to which it refers, as briefly as I can; premising that, from the well known liberality with which your highly valuable and interesting Magazine is conducted, coupled with the fact that the Editor is the decided enemy of legal oppression, I have not the least doubt you will give my statement some degree of attention, in common with the numerous cases submitted to your impartiality.

On the 23rd of June, 1836, the ship Isabella, from Calcutta, being in charge of a cinque port pilot, (Mr. John Gibbs, of Deal,) came in collision with the Liverpool brig Crescent, (having no licensed pilot on board,) off Shell Haven, in the river Thames, under the following circumstances:-The Isabella having just tacked from the very edge of the Blyth Sand, being under double-reefed topsails, wind W.N.W., tide about half-flood. The brig in question was observed standing towards the Isabella, on the starboard tack; upon which occasion the pilot (who was at his station on the poop, and who could not see the brig through the main and fore courses) immediately ordered the helm "hard up," she, the ship, being on the larboard tack, and hailed the brig to keep her wind. Instead of doing so, as is customary in such cases, the brig bore up also, and threw herself athwart the Isabella's bows, doing damage to both vessels; that of the brig to the amount of 671. 19s. 6d., and the ship to the amount of 851., the Captain of which fully exonerated the pilot from any blame whatever, as he could not have acted otherwise without incurring the most imminent danger of running his ship on shore on the Blyth; whereas, the brig could have tacked, (which she shortly must have done,) or, by keeping her wind, have cleared the ship; and he consequently received his pilotage without delay or demur, and a small present from the Captain in addition. But the owners of the brig sent in an account to the owners of the Isabella, for the amount of damage; and upon the former being referred to the solicitors of the latter, they dropped further proceedings, and ultimately entered an action in the Court of King's Bench, against the pilot; taking the precaution, however, of not doing so until the Isabella's crew (who would have been witnesses for the pilot) had sailed on their respective voyages. The consequence has been, that, to defend himself, he has been compelled to postpone the trial from session to session to wait the arrival of his witnesses, for which purpose he has paid 1007. into Court to abide the result of the action; and he is informed by his lawyers that they have very little hope of succeeding in his defence, as he would require "an overpowering body of evidence" to defend himself from the charge; and again, almost in the same breath, he is informed that the plaintiffs could derive no advantage from the fact of his witnesses having sailed!! and the suggestion of a compromise is held out. But the pilot, (who bears a highly respectable character for sobriety and attention to duty,) being conscious of the blainelessness of his conduct upon the occasion, refused to do so, and the consequence is, he has been put to an enormous expense in sending me to town to watch the arrival of the witnesses. In short, I am come up from Deal, during the last two years, no less than seven times, and have been detained in town sometimes for a period of three months, watching the cause; and when I had succeeded in securing the witnesses, his lawyers, by some blunder, have allowed the most intelligent to slip through their fingers without taking their examination; but as they have (they say) deposed to the circumstances which prevented them from doing so, we have no right to suppose that the negligence was intentional.

I cannot, however, divest myself of the impression, that the Pilot is intended to be made a victim to legal rapacity, and that the whole affair is "got up" for the purpose of extorting money. Only conceive, Mr. Editor, if you can, the idea of a man whose profession is bringing him in an income of 1301. per annum, (averaged) being subjected to so disgraceful a prosecution for so protracted a period, and that from the little encouragement given by his legal advisers, his family, (independent of the vast expense) have been in a constant state of excitement, and himself reduced, at intervals, to a state of despondency, from which the most serious apprehensions have

been entertained of its ultimate effect upon his mental powers; a man, too, who, for a period of twenty-three years, has never put a shipowner to a penny's expense for damages in any shape, up to the time of the present occurrence. I may just mention,

that there are five Gravesend watermen who witnessed the collision, and who will willingly bear testimony to this statement of the case, if they be not, by some accident, prevented from attending at the ensuing trial, which our lawyers say, it will be necessary again to postpone, for the fourth time, to await the arrival of the chief officer, whom they allowed last year, to slip through their fingers, on a voyage to the Mauritius. They also think it requisite, for the defence, that the Attorney General be retained, as they are of opinion that the case of the "Transit" above alluded to, does not apply to the case of the pilot of the Isabella; and it being an action at common law, the result will, in all probability, be the reverse!!! In this event, the pilot must be irretrievably ruined.

One argument made use of by the Defendant's Solicitor, is remarkable from its singularity, viz. that a Jury will be influenced by the consideration that the larger vessel, can best afford to bear the loss, and that, therefore, the pilot must suffer. Another is, that neither Judge, Jury, nor Counsel, will be able to form a correct notion of the merits of the case, from not understanding nautical affairs, nor will the pilot's respectable character be available as an argument in his favour. In short, it is pretty plain, that the pilot is to be victimized, by some means or other, notwithstanding that all the cases, which, in my humble judgment, appear to be in point, are decidedly in his favour, and as decidedly against the Plaintiff, for bearing up on the starboard tack. Inconceivable as the statement may appear, I have the most unquestionable legal vouchers by me, in proof of it, in the shape of original letters, Counsel's opinion, &c., who says, the Isabella had no right to bear up on the larboard tack, "if" &c., &c. I hope your reporter will pay particular attention to this case when it comes on for trial. After the decision, it is my intention to publish the facts, and the whole correspondence. I will not detain you longer, than to request a reply to my question in the first part of my letter, and to apologize for the trouble I have given you in this BRIEF epistle.

Your most obedient servant, 22, Regent-street, Mile-end, 14th June, 1838.

W. GIBBS. (Son of the Defendant.)

NEW BOOKS.

NARRATIVE OF AN EXPEDITION IN H.M.S. TERROR, undertaken with a view to Geographical Discovery on the Arctic Shores in the years 1836-7. By Captain Back, R. N. Murray.

Captain Back's narrative has just made its appearance; it is both interesting and instructive; and this is saying much, when we consider the monotony of such a voyage. The perils encountered, greater perhaps than were ever experienced by any ship in the icy seas, the patient endurance of extreme toil in a cold climate, and the consummate ability of her commander in extricating his vessel will remain a lasting memorial of the high character of British Seamen.

The insuperable difficulties which he found in his way, prevented Captain Back from gaining the honour of completing our charts with the line of coast between Cape Turnagain and the estuary of the Great Fish River; but this can in no way detract from his merit; his name as a great traveller and voyager stands high, and will be handed down to posterity equal in association with his professional compeers, Parry, Franklin, and Ross, for it affords us much pleasure to inform our readers, that Her Majesty has considered that it should be in future recorded as Sir George Back.