The New York Herald Newspaper, October 5, 1853, Page 6

United States Circuit Court. Before Chief Justice Nelson. PRECISION YN ADMIRALTY ON APPEAL—CHABTER OF SHIP YOK aUSTRaLia. Oor. 3.—Joh» ©. Esler ws. the ship Brewe . Bibel in this case sets out a charter _a between the libellant and the owner, bearing date the 16th June, 1853, by which the ship Brewer was chartered for a ‘voyage from the port of New York to Melbourne, Austra- Ha, upon certain terms and conditions therein specified; ‘that libellant took possession of the vessel with the know and assent of the owner, and has never since eer el the same; that, by the terms of the contract, be, the libellant, was bound to man, vietual, and navigate ‘the said ship at bis own expense, eurement, whereby he became owne the time covered by the charter part, large sums, and moch time, and had incurred heavy re sponsibilities in and about the procurement of passengers, and obtaining outtits for the ship, her crew, and passengers, aad had entered into contracts of affreightment for the out- ward and homeward voyage; that the libellant is dis tarbed, hindered, and molested in his possession of said ahip, and in putting her carge on board, and in the enjoy- ment of hix rights, secured to him under the charter ry, by # person placed on board by the owner, as mns- or ‘fad who, as such, is bound to obey the instructions ef he livellant, aecording to the terms of the contract, Bat refuses to obey the same and ix upheld and encour- in the disturbance and molestation of the pos- geexion, by the owner. The libel then prays a decree for the possession, or damages for withholding it. The answer admits the charter party as set out in the libel, Dut alleges that the delivery was conditional, and to be- eome absolute only in case the owner (the respondent in the suit,) should, after inquiry for that purpose, be satis- Saige te Gab atime 40 ane Seapent 8. Sense: who te. dertook, by an endorsement on the charter party, to tee performance on the part of the libelland, the @barterer; and, that it was understood and agreed at the time of the execution and delivery, that the guaranty was vot to be considered sufficient till the respondent should declare his satisfaction with the responsilility of Jonex, and that being unable to obtain any reliable infor- mation as to his responsibility or suiiciency, mi m to the libellant the next day, (the 17th June,) insufficiency of the guaranty; and that he then and agreed to procure other person or persons to secure the performance on his part to the satistaction of the re- spondent, but wholly neglected and fui do. The @nswer, also denies that the possession of the ship was @elivered to the libellant, or to any person ou his bel But alleges that the charter became mull and yoid on count of the non-fulfllment of the coveuants on the part of the libeliant. y, the charterer agreed to pay the owner w the charter during the voyge, $1,200 per to pay all the wages of the master, officers, a also, ull foreig ges, including Consul’ Among the covenants in the charter | regions that have come under our notice, evincing similar ingenuity and financial skill; but, unfortunately, the enterprise was not Piausible and checked as early’as the present one. specious as session and wharfages and and to furnish su sions: F use of passen, all inciden penses (except repair one thousand thousand at the ¢ ARROWSoITH. lowing endorsement: ommences on ¢ iN This carter teenth instant. New York, June 6, 1 F M. BREWER he pleadings and parts of the char- ter party will be sufficient to present the material que tions involved in the case. The first case, and which con- earns the merits of itis, whether or not the owner agreed, @ither exp ary imy ailence at the of the charter par. in the covenant? the mes, the broker who ar nt, with BE. A amith, a broker, on bebalf of Brewer, the owner, that ‘he was present when the gus tigned by vs; that Brewer was present, and that the wiiness proposed at the time, that the parties should go to the Atlantic docks where the ship lay, and put her in pe n of the libellant that Brewer said he would not go st that signed no other reason; that the witness t that he should put on the charter p ions that would answer the same purpose, whic = to, and wrote the endorsement signed by him, h we have already referred to. He further state but that when the writings were completed he imquired of all ® and all agreed was expressed ixfactory sa tinfar ef the parties if they wer that they were, and that no by Brewer. ‘was present, and concurs, sub ially, with MeLorid, clerk of the libellant, and wh was pre-ent. The latter was to be the ship ‘dy her voyage to Australia. At the time of the execu ‘ion delivery, a draft by the libellant, accepted by Jones, the guarantor, for $2,000, payable in si given to Brewer, to cever the Receipt given for the ame. B. broker on the side of the owners in states that when they went to where the charter party ‘at the entrance of th eonversed together nd not a Ives 0, witnes on inqui 1 could net he made in about Jones, except it has been showa by evidence in ‘the libellant was insolvent at the time he d barter party; and I can find nothing in the proofs, either fm the Court below or in this, to show that Jones was a man of any responsibility. It is qui ear, therefore, that whatever may have been the form and svlemni fies with which this contract was entered into, aad even if in a way to bind, in judgment of , the parties, so far as Brewer, the owner is con- @erned, there has been, in reality and substance, no fulfilment of the most material eoveaant in his favor, on the part of the charterer. The guarantor, for aught that appears, was a imap of straw, and the charterer himself fmsolvent. This inference against Jones is not a harsh ene; for after the evidence that inquiries had been male, and aothing satisfactory could be oblained conéerning him, the burden lay upon the libellant to «iow that he wasaman of responsibility. I admit he may rest his qase as he b upon the agreement of Brewer to accept Bim as satisfactory, whether possessed of any responsi- Bility or oot; but, if there is any doubt about this agree- ‘ment upon the testimony, the fact of his want of re sibility A an element that cannot be overlooked. | equity and justice of the case must have its weight in Seiding the question. The isaportance of this no doubt, fully appreciated by the learned c for the libellant, and the omission to produce it le ‘the junaveidable inference that i ‘The case, then, on the part of the il " 2 up- heel, if upheld at all, wpon the nm: et that Brewer to accept Jones as sure! ner ef any re- ye sponsibility or not—either supposing, at the time, that he was, or 60 indifferent to his interest that he would not take the trouble to make the inquiry. The witaesses @xamined for the libeflant go far to establish this view of the case; but they do mot directly, nor even neeessary inference. No one of them Ventures to gay that Brewer expressed hime led with Jones as the nythin They geet general terms on the sub t was satisfactory—appeared to be serfec |—ex- seed 11 ati n—and the lik ree, % into co party, the enderen @s to the time when the a gonneetion with the ev: him at the time, would be « Mf there was nothing else in it. feresistable that he bad agr Arrowsmith, howeve this transaction as any one, dei mates that in an interview bet ous to the meeting to execute the articles, Brewer expressed his as to the responsibility of Jones: and that there. ‘upon the lilellant promised that it should be made satis factory, and added, that it wasall right in regard Now, it was after this assurance and representat ry Mbellant, that the articles were executed and delivered, aud the expressions of satisfaction made. What strengthens the @Miience of this witness, and shows thet he ceuld not ‘well be misiaken; he wiaies that afterward, om the same day, Brewer sent him to the libellant to ay that Jones and that he thereupon promised to al others we tly furnished, insufficient. explains the expremion of ratisfaction of Brewer at the time of the execution of the cha y, and of Brewer, les ware ‘to corr i satisfaction ex ficient to The o 1 to accept Jones as who knew as much ab lence of t he broker of Brewer, 4, just previ or party, as the question of the suf- Bciency of the surety was left open between the parties, ‘and the instrument not to be binding, which ie a fair | ference, till that matter was determine’. ‘This explains, iso, the taking of the draft a by thie sa Jones, ani receipt given, as the whole was to be eat upon the event of the satiefactory security een said that reponderance of witnesses in question of the acceptance of Jones, But this is a mistake, There is no discrep, ancy between these witnesses: and Aaron Smith. The interview between the parties when he was present wan at a different period of the transaction, and of which they had no knowledge. There is no contradiction of this witness. Take the care, therefore, in aspect in which ft can be properly presented, ond the libellant must fail. There was either a false resentation of the peen aay setity of Jones to induce Brewer to accept him, or there was an understanding betweem them that other ames should be procured, and that the articles should be considered open until this matter was determined. ‘This case in somewhat interosting. A party atterly in solvent, with a friend as surety for bira equally irrespon gible, undertakes to charter & slip for passengers and freight to Australia for large hire. agreeing witli the owner fp the charter perty that ite fulfilment shall be guaran ‘tied to his entire satisfaction. The articles fpte and formerly guarantied by bis friend in the pre- @enee of his clerk, broker, and person appointed «nper- of the ship, all of whom with one other wit mens, are calied to prove that it was agree! (his friend sheukl be nsidered satisfactory. No proof is of. niary ability, but in the course of the rial, on coutrary, it was conceded that he was a man of straw; and the case put upon the naked fact of the ac eeptance of this sort of security. In addition to this, a yment of two thousand dollars of the hire of the vessel t t to be made by a draft at sixty days, drawn by the © nd accepted by the sume friend. The ‘thousand dollars that were to be paid ina few days, was mere embarraseing; when calle) on for that i was wot paid, for the reason as assigned, that he had not tin hia contracts fox freight, and, theref had not ptt Thig ie net ap iw case «(Other vessels ation, from his | | Wands on } yivanus Pickering, a commission merchant, | has been the attempt here to get the pos- pattrol of this ship, under the pretext of necurity, to enable the libellant to raise money upon her freight and passengers, it is impossible uot to see, if it had been successful, the transaction must, in all human probability, have resulted in a fraud, efther upon the ship owner or the passengers, or both. The whole capiin} out of which to pay the hire and bear the expenses of the ship during the voyage was dependent upon the fare and freight. = Ifthe libellant could ha W got possession of the ship he probably might bave procured passengers, and re- ceived passage and freight money; but whether the owner would have received the hire for his ship, or the passen- gers reached the gold regions of Australia, ix not so cer- tain. The ship itself was all the security of either for the Jertaking, or any undertaking entered into by the li- lant in connection with the enterprise. I am also of be opinion that the libellant had not, at any time, or for any time, acquired the actual possession of this vessel under the charter party; and if the question had become material, I should have deemed further inquiry necassary to satisfy me that the Court of Admiralty had jurisdié- tion of the case, But Ido not go into this question, and prefer placing the decision upon the grounds above stated. ‘As the decree below was for the livellant [inust reverse it, and direet a decree for the respondent, with costs. APPEAL IN ADMIRALTY COLLISION ON NORTH RIVER. Oct, 4.—The steaandoat Splendud against the sonv Globe.— The libel was filed in this ease by the steamboat against the «cow, to reeover‘damages for a collision that occurred on the North river on the aith November, 1850, about eleven o'clock at night, opposite the Twin Brothers, a ledge of rocks alittle below Cold Spring, ‘The steam= boat was going up the river with » load of passengers for Hawburg, her place of destination, and the scow was descending With a cargo of lumber. The scow struck the steaniboat nearly head on against her stern, a little to the starboard, knocking the stem out and breaking the planks, so thit she was obliged to be run on to the west shore, where she filled and sunk. The testimony is quite contradictory in the case, in respect to the management and course of the respective vessels; the persons on the steamboat maintain: that as she bad rounded Magazi Point, and was in her usual course for Coldspring, one of her stopping places, and on the eastern shore of the river, the ‘scow in descen the river on a course her larboard bow, nly changed it more east and persevered in the same until the collision ¢ 1; while th n 1 the Uisic bo 1 Lher course down the river, h to the steamboat to pass on her lar 4 the two vessels pproache and pers fhe night north idable. wind fresh from the to six knots the ho: and the vessels, y bea witness deserving great ec ¢ of his own vessel, he is not, f er in respect to th easel in a at @ station the is much more reli- scow has decidedly ence, is enabled to give usa clear and intelligible wut of the circumstances that led to the unfor- nt, and he is confirmed by the other hands en board; and also, as as they go, by the d the sloop I the vicinity at the time, of the libel is, that while the steamboat use N. E. to Cold Spring, and passing ina tion as near the Twin E as Was safe, the scow her course from her direction down tie river to tward, which compelled the former to slow, and avvid running upon the rocks, which had the effect y Zz her stem omewhat and while in this crippled rum into by the scow, which, nt this had the wind free, and might have burne further to- is the middle of the river, But, the diffieulty im, tae The gravar weight of the proofs is against this theory. No persons having been stationed on board the steamboat to look . the night being dark, and e hands, but the eut om the } w till in the midst of the alarm ur inging of the bells to slow and stop, we have no int rreliable account of the transaction from her; and ‘ons on the dock at Coli ew nothing about it, as the night was too ¢ see it. urged that th t i to 1, but the hands der was given fe the moment of hehn Death of Ex-Fuilge Lynch. MAKI4E COURT. the k 7. of James J rine Court Judge Thompson or court to stand adjournod for the duy, and directed the clerk to enter the motion ren the minutes. mwas made in the other branch, thy, who also directed and or’ A similar mot Foon. Judge Me for the day fore died at his country seat, Rhinebeck, on Monday morui at the age of sixty-eight years. Common Pleas—Part First. Before Hon, Judge Weodruff. AQTION FOR ALLEGED LIBEL. Oct. 4.—Amos Kegan ys. Sumtpox P, Cuvnen.—This is an action of libel for a publication alleged to have beea made in 1846, ina book called “Church’s Reports,” being information communicated by defendant, as the head of a mercantile agency, in regard to the st and responsi dil ants in Columbus, Miss., and elsew np that the publication was i communication,” being made to persons in as creditors er otherwise in knowing the cition of the plaintiff. It is also set up that the charges are true, The publication was in these words:— ©. T. Keeler [Oxeur.] This youth has got married, has ght a cvod brick store h ut $5,000, on whic made the first bt ent th k ef ge , Who is dently en Rrys his debts in money, nor turns over wey (father and won) are now receiving the at John $. Topp break up tue sale, and subject tl The plais and lays} anewer, deni be ds from dcavoring to swindle his eredito: © goods for the old man’s de false and slanderons, The defendant, in his: at the statement ischarge of the pecuniary st ing b applied to p New York, and that he leas a confide: Oct. 4.—The Court assem! veual hour, but on the A forming the Court that there were no at day, on account of the al le prosecution and the defendants, ihe ar\journed for the day without transacting auy bu whatever. We are sorry to say that the Recorder health, having been attacked with the dy: hope, however, that he will be able to resu on the bench to-morrow in a good healtla as usual. Supreme Court—General Term. EXAMINATION OF ATTORNEYS. Ocr, 4.—Messrs. h, R. H. Bowne. and John D. Borehard, have been PP inted to examine candidains for admission to the bar. The examinati i 1d in the General Term room of this Court on Friday evening next, the 7th inst., at 734 o'clock, Organization of the Inventors. The inventors at the Crystal Palace have formed them- selves into a society, the object of which is to protect the rights and advance the interests of the inventors of our country. They complain of abuses at the Patent Office, and of incapacity of the department. An adjourned nireting was held yeterday morming, in a room on the Sixth avenue, opposite the Palace, at which were present about Ofty inventors, from all parts of the Union. Dr. Clayton, of Norfolk, Va:, was in the chair, and Mr. L. A. Lyon, of Obio, wan elected Secretary. The time of the meeting yesterday was occupied in adopting a consti- tution, in which the “ tors National Protective Union. es ne ave From the preamble of the constitution we extract the following ~~ Ww determined to protect by o system of onion and hariocuy of acMon. bo de n, to point eut our wronge We are, moreover, of the pinion be shown wi arement should just reason em minate in what property Teall b a ys by the labor of hie h his, and it t a fourteen years only fo ing to article 6th of the constitati s society is to be located in th where ready access, through its officers, may be had to the Patent Office, and wheve the interests of inven tora may constantly be watehed over by men of thelr own chaiee. of Wash The meeting adjourned till half-past eight o'clock morning, at the same place, ontriintions recels the Washington Mona IP. expendi i 7 FINANCIAL AND COMMERCI/,, MONEY MARKET. ee saree TUESDAY, ‘gt. 4-6 P. M. 2213, Coffee, bes... 60 $8&q The stock market was only moder? ‘oly active this morn- Bricks «68, 680 Preserves, Ux 37 a2 uinber, ft.200,000 8,520 Soap.. ing, but fancles were pretty well ‘mstained. , There was &® | Crothing, cs.’ 1 60 Candies....... 183 1,270 good deal of irregularity in “Ine moveiments of specula- | W Ware, pkgs. 475 1,471 Stoves 124 1,300 tors, and consequently onsiderable irregularity in Bogs, bali : wt ai Nalla, ae “oo i at " . urture, pkgs 3 nware, pl 2 prices, At the frst “Goard Canton Co. advanced 24 per | Tat, bus. 20 854 Dried Fish.6, 250255 cent; Long Island, 3; Stonington, 34; Reading Railroad, | Hdware, pkgs 173 3,437 House........ 1 175 34; Hudson Roviroad, 1; Vanama Railroad, 2. Cumber- | ‘Tin........1,737 6,004 P Hangs, pkgs | 8 5a s rdines, bxs, 2 Fogars......10, land’ declined 4; Harlem, 34. In most of the fancies | Ping” 0; gop 210 Woollens, bis.’ 10 2,195 there was nochange. The cash trausactions were larger | Rice, bhis.. 26 380 Butter, Ibs ..4,700 150 this week. After the board prices were all lower,and there Pickled Fish 75 958 fae ‘. i : se 3 heese. 45 was quite a rush to realize. The stringent pian market " 7 851 MiTobacco,.14.834 keeps a serious check upon stock speculators, and it is well | Nstores, bbls, 100-160. Oats, baer. 500 they have something to hold them in. Operators in the | Vinegar...... 60 200 Drugs, pkgs.. Dried Fruits. 25 300 street are compelled to sustain prices to relieve them- Total....... selves if possible of a portion #f their surplus. ‘Thus far Eee ee they have succeeded pretty well in the first and not very | Cornmeal, hgs 2 $300 Paint, kegs... 90 $50 well in the last. They have, however, strong hopes, and ae Ra ag will therefore submit to moderate sacrifices, in raising 60 308 Plonghs 138 *610 money, to avoid, if possible, greater losses by forced sales. 12% 1,555 Drugs, pkgs... 2 42 At the second board the market was heavy and prices Ber fear get me fe tended downward. At the close holders frecly offered at eek. 130 a decline, - 100 Cheese 34 Operations at the mining board to-day were limited, at ei oh 1 “| ‘The sales were as follows :— 471 ‘Buttons, B40 1000 shs Pa & L Zine Co 47% 250 shs Conrad Hill do... 134 286 — 100 do Dolly Cop,...860 5% 750 do Phoenix Gold... 1" | Leather, cu: 119 Total + $12,575 600do Springfield do beo 24 750do do... b80 134 DUICH Wust INDIES, S. bread, bbls, 65 $222 Soap, bxs...., 345 $366 The steamer will take out a large amount of specie; it | potatoes 66 42 Drugs......,. 28 (1,241 in already estimated at more than half a million of dol- 170 Whale oil, gals 248 "149. lars. We quote sterling exchange at 92 a 10 per cent ane Laat Car) anh es premium, with a very moderate supply even at these high 8,541 Rope, coils. 122 rates. 481 Tobaceo, hhds 2 324 The receipts of the Hudson River Railroad Company Tas, Case, ih Lae during the month of September amounted to $134,079 10, 80 Cassia, mats, 440 "600 against $09,454 97 for the same month last year, showing 1,000 D. cos es. 1639 an increase of $34,024 15—equal to thirty-five per cent. , 5 SR M7 ‘The receipts at the office of the Assistant Treasurer at IE, OI i A ‘he port of New York to-day, Oct. 4, amounted to $15,408, $198,162 78; the outs were $106,605 19—leaving a ¢ on hand of $0,810,479 83. ya ae a Trunks Ref sugar, tbs.3, The following dividends have recently been declared :— Guarlestown.—Bunker Hill Bank, semi-annual, 4 per nt ne Bank, 414. 4. This makes 1 per cent declared by ¢ the current year, yir.: in April 4 pe xtra dividend of 5 per cent, and in Oc- ‘alem.—A bank du in May cent, Con 4 per cent. Exchange, tile, 8, pants, 834. Naumkeag, 334 a, 3. | cent. Village, 4 per cent an | } the old ste six months, amounting to 4,800 ; and 23% perc four months, on the new | i: of $40,000, amounting to $1,066. Also to such hold of th ‘ik as Lave t taken new at ht, $1 per share. cester Bank, 2 per cent for last three | ek or Warren, 34. | posed of their ri Gloucester. —G months, Rockport Nantucket.—Pacific Bank, 5 per cent. sckport Bank, 4 per cent for six months. Can : s Hops, lbs 200 Haver sx Pank, 3 per cent, Haverhill, 434. Domestics pigs 26 Merrimack, 4. bis. 92 Portland.—Canal Bank, 4 per cent, Casco, 4, Mer- 1 Heh chants, 4. Manufacturers & Traders, 5. Atlantic, 3. Coppeetalte’’ 5 Bank of Cumberland, 5. Rico, cuss; "7 447 Copper still. aes iy aj. | Tobacco, hhds 4 308 Machine.... 1 The Warrea Insurance Company have declared a somi- | Foneccn, hds & He annual dividend of 6 per cent. Cassiacs...;. 968 281 Total.......+04+66$16,658 The coal trade on the Chorapeake and Ohio Canal for NEW GRANADA Hye the week ending on the 29th of September was much | Domestenpigs 21° $1,717 Flour Se sarees greater than for several weeks past, forty-seven boats, | Rice, casks... 110 1/335 1,930 ladened with 4,60434 toms of coal and 12234 tons of coke | Pork 200 9,624 Vinegar 150 having descended. During the same periol 9,905 tons | Peans.-....-. { AA Me were transported over the Baltimore and Ohio Railroad, 220 Lardoil--.... 10 making the total coal trade of the week 14,811 tons. 5,107 Collee, bags .. 110 760 ‘otal from the whol i 1107 Plankets,bales 43 620 ce conan ole coal region since the Ist of January St Ge Be sas ty SER OU ene 280 Iron, cwt sm (Sit The imports of gold into Boston in September were | Cornmeal .. 18 Steel, ¢ Fy 9 $50,811; silver $173; exports, gold 25 03, silver | Shipbread. ».. 685) ong, Currante.casks 2 65 Hs eee 7B} experta, Gall QANG,095 08, sliver | Econ Sh 5. PA Claas, phe. 1 % ane Sour krout,bls 70 Paints 8 100 The total value of the foreign exports from the port of | Oats. 483. Sp.turp’tine.gs 149 99 Baltimore for the week ending on Thursday, the 29h of | J» Curtis RTT TC Sa name _ (i lope, 2 of September, was $109,682, The export of breadstalty | 66 Earth'warepkgs"6 181 630 barrels of flour, 628 barrels of cornmeal, 818 Fur 62 263 bushels of wheat and 368 bushels of corn, Of to- Fi aa bacco 2,183 hogsheads were exported. Included in the oe 1, of which 1,479 tons went to St.Thomas, and 200 to the 6 tons of & 2 to Havana, 2 nina, West Indies The annexed statement exhibits the quantity and value of & icles exported from this port during the | Ref’d sugar..1,166 ® ng and including Saturday, October 1, 1853, dis eget tin ae ¢ the destination and extent of shipments to oc Qkeilver fisks, Ipicac, bys Tobacco, © . 800 $11,250 16 Cider, ©: Flour, bbls N. etores Leather, pk; 105 Sperm cil Stationer: 5,121 Cedar, pe 230 Gunpwdr,kg+ 1,750 2,050 100 Scrap steele 92 Brandy, gs 105 188 264 Sugar, bags. .3,692 281 Bends, os 2 Lot aus He. 12 | 288 Kom, hha... 468 328 Botale,cks... 16 © 172 eco, hda 00 12,16 cas... 5 juny 000 ves, M.... 10 682 I, R. goods... 7 fotbep aay ee Ter Wheat, bu 588 $7,610 Flour, ‘bbls 098 8,002 Rrearrerarox N. stores: 2 616 $59,031 Salmon. Logwood, tes.. 151 Leather, Furtie., is} 3918 Lerd, Ibs... Hoops. 24° (670 Total... Flour, bble 4 Wheat, bush — [eee Total. «.. Total value of merchandize exported during the week ending October 1.............00005 eee $1,216,170 Total value of specie exported during the week ending October 1 + $252,591 $1,563,671 Total...... URIPSTR, the abe : tton. ie . rd Gum, cke There are no new features ve export table. peed ogg The aggregate value is slightly above the average, which 50 can be accounted for y the ac stuffs, It will be seen by the exp that breadstuffs form the entire the shipments of four last week were limited. The last annual report of the Stonington Railroad Com- pany gives the it of receipts and expen- .ditures for the y ing August 81, 186 yw RATiRo An Six ve shipments of bread- ‘on to French ports To Great Britain Ine. Cotton, bis... Shoe pegs, bbls N 1 1 09 Aug 31. oe sae Sarsaparilla,bs 20 442 | Passengers ce Balsam, casks 20 ey, chs... 60 2,448 | Freight 3 6,407 85 Staves, i 6 Mail service and Total, Pe ie ee Ne Se ao rents ....e.00.6 2,652 87 2,652 88 “ANTWEEKP. Interest. 157 42 Cotton, bls... 223 $11,145 at,bush 10,026 $12 ha epg Mires mrad Flour, bbls... 344-2162 ; 1 ) $158,082 46. $240,871 89 N, 1,777 Mahogany, igs 40 388 . seve 91,950 87 sevee$72,011 | Net earningt.........00006 sree $148,621 61 nari . Paid for new engines, depot, &e., $3,860 55. In- ee tee Freaueaiaes« 45 S487 | tevert on bonds, $1,650 60. Interest on mortgage bond Cornmeal.,... Wines, he 6 760 | $28,590. Interest on extension bonds, $2,640, Paid Naval stores, 4 Molasses. 11 193 | tension bonds, $11,000. Mortgage bonds purchased, $57,- po ee 100 Segars, 20 1,000 | 574 87. Dividends, November and May, $75,240, Balance | Ryemeal 836 Rope, coils... 30 1'400 4 D Varnishes 60 Domestics, pes Ile 800 | hand, $21,396 15. Tea, pkgs 7,915 Onkum, tres,, & 800 | Since the last annual statement, the debt of the som. Wheat, 2901 Spara........ 3 170 | pany has been reduced as follows: viz.— Mf.th’¢e 2}800 Clocks, os 16 268 |_Fxtension Road Bonds paid at maturity... $10,000 Cheese 162 Brooms, dam. 40 60 | Purchaxed by the company and cancell 1,000 ‘Tallow. 170 Leather, pes.. 100 ‘837 $11,000 Salaratu: 100 Pig metal,t'ns 4 — 1,950 | Six per cent mortgage Bonds purchased for ——— | Trustees of Sinking Fund, and cancelled Totals. sscversevecsverecsrssossvecescevee sve GOTSUB | Wy thems. .s..s+6s esses. o- sess vnsgees , TWRETISET Wes IAS, Purchased by Trustees of Sinking Fund from 160 $320 | proceeds of Real Kstate, and cancelled... 9,600 410 BIZ 300 6 14 a Windlas 1 106 Total. 7 $40,800 —— | _ The entire indeitedness of the company om the Uist Viecccsveesesseeeere ss $4,400 | August, 1863, was an follows:— ouwA. Six per cent morigage bonds outstanding. ......$961,700 $460 Herring, bxs., 100 Purchased and now held by the company, bush. 250 viz. against extension road bond umpaid'$41,000 An surplus fund... coceeree 66,000 ——— $196,000 During the past year the trains have ram over 131,968 miler, have carried 218,722 passengers, and have trans Leather...... ‘iallow, ibe...3 105 Bhooks e§ aoe ported 04,221,769 pounds of freight. AN this has been hoes ares.” 4 $04 Hoops, Ms...” 15 "420 | dome with great regularity and freedom from accidents, + TE peat 20 78 | thus showing the high state of repair and efficienay in 144 Teas cha. 8 | which the road and its equipments are kept. Nearly one a0 peng ars, 122 148 | half of the large excess of recetpts the past year arises The ARRAS 4,8 298 | trom the local business, This isa permanent rource of Hicuit eases” Yd Tiatndwara.ca 1 840 | Inecme, and already produces » rum equal to the whole dle mds,bx 7 whalebone 350 | general expense of running and repairing the rod. ‘The Boia tw weet mies | Gee Feturad OF dhe Nut wéka Wile HAVO ehijabd since the liery a6 Sugar kettles, "g59 | cloving of the annual accounts show a coutinued increase 4 Sugar, cases 2 64 | in receipts from passengers and freight ; (he amount be naa Mackia/rytye’ bee ii ing $27,002 82, against $20,942 16 during the correspond Duck, phy. 1 ——eee | ing period of last year, Purniture,... 6 Toi, $20,026 | A letter from the mining muperintondent of the Spring ee ere have been chartered for these gold field Copper Cor pany gives the most favorable aceount of the eperatins thus far. It appears that a valuable vein Of COlalt has been discovered, which bids fair to be « source of great profit to the company. The superinten- dent says :—There is now one hundred and seven tons of copper ore on the surface, ready for market, and fifty tons more ina state of preparation. Besides this there a large quantity in the mines broken and ready for ra ing. The cobalt vein is increasing. If it holds out it will be a great source of wealth to the stockholders. It is one of the most valuable minerals mined in this section of the country. The prospect it presents is very flattering, with every indication of an abundantly increasing yield, The mine must ultimately be highly productive. ‘Thus far, for every hundred dollars expended, nearly one thousand dollars worth of copper ore has been raised to the sur- face. We understand that the Secretary of the Treasury has decided that the reserved five million of Texas bonds can only be delivered together after the preferred creditors have filed releases of their claims on the treasury, An instalment of fifty cents per share upon the capital stock of the Ship Timber Bending Company has been called in, payable at the office of A. W! Wright, No. 43 Wall street, Jauncey court, on or before Saturday, the 8th inst. Upon the payment of this instalment stock will be issued at the office of the company, No. 85 Trinity Buildings, Broadway. The following is a comparative statement of the canal tolls received at the Colles ’s office in Buffalo from the opening to the Ist of October, 1853 and 185: From the opening to Ist October, 1 08 $574,473 35 578,021 75 Decrease for 1853.. sees $3,648 40 ‘The canal reports are still behind last season in flour and Indian corn, and only 263,000 bushels of wheat in ad- vance of 1852. The following tables show the imports into Buffalo of a few articles, from the opening of mavigation to the 30th September, 1851, 1852 and 1853:-— Laxk Cosncence or Burrato, 1851, 1852. a Lake cpened March 18, April 20, April 15. Flour, bbls. sag na $45,542 618,808 ark 88) 17/887 ve Wheat, t 1 COPTaacseses 12,297, 890,407 pts of breadstufls this year have been much Pork is in advance, 5 of less than to the same time last year. ‘The receipts at tidewater of the principal art produce, from the opening of the canals to and including the 30th ult., have been as follows:— Ligcenm or Propuce at Tinewaran, 1850. Butter, lard, FPacon, Wool, The receipts at tidewater of flour, wheat, cora and barley, for the fourth week of September in 1853 and 1852, have been as follow: Wheat, Corn, Barley, bush. bush. bush 467,889 1 ‘OL 208,781 295,512 230,554 134,621 174,377 Dec. 86,763 Inc Increase... The aggregates of the receipts of the above articles so far for the years 1858 and 1852, have been— 2,814 160 Flour, Wheat, Corn, Barley, bol bush bush. bush, 1853.....1,769,636 4,467,322 2.175 687,612 1852.,..2,221,573 4,029,552 4,464, 841,725 Dec... 461,942 Inc. 427,470 Dec. 2,288,656 Ine, 345,897 Stock Exchange. Trmpay, Oct. 4. $3000 Cal 4 S38 700 shsParkerV..b30 177% 2400 Ohio 6’s, "70... 115 6 . 1 5000 Erie 24 M Bde., 104 300 83 175G | 10000 Erie Ine Bds.s90 95 150 - 17% 12000 do 300 b30 17% 8000 F Cony Bas, 15 Pheenix Min Co 1000 HR 2M Bas.b3 200 N Creek C1Co, 15000 N YORE 50 Br City 1, Co ix... 93 Co. 118 118 16 shs Del & HC 25 Market Bank Ex Pauk.... > Bk Wo'g.b3 1 00 N Car Copper Co,. 385 N Y Central RR, 25 do 100 Harlem RR. 200 0 200 Gold 100NJ Hills 83 50 Stonington R..890 100 Nor & Wor R 060 200 Reading RR, 200 « c 600 Parker Vein C C.3 5 300 do.. » 60 Mich Central RR. 26 Mich South’n RR. 10 Panama RR..,... SECOND BOARD. 60 shs Camb Cl Co.«3. 3 500 Gold Hill Mine. b60 a i Harlem RR, do -b30 150 Parker Vein Cl Co 60 Cumb Coal C 100 a 800 a 50 a 200 4 a a 100 86% 100 N YC CITY TRADE REPORT. Trrapay, Oct. 4-6 P.M. Asurs,-—Abont 20 bbls. changed hands at old rates, Breapervrre—Flour was less active, and ra her easier in price. The sales embraced 15,000 bbls., inclading mixed to fancy Western at $6 8734 a $7 12)3, and ordi- n e State at $6 08% a $7 1214 per bbl. Some 1,400 bbls. Southern common brands realized $6 87% a $7. There wore 1,000 bbls. Haxall’s extra, sold on private terme, Rye flour was unalrered dywine meal were ele wheat cotopri see white, Western do., and $140 for Southern red. Nothing new oceurred in rye or barley, Siaie and Western oats were 4 bushel. Corn was a shade ches braced 40,000 bushels, at Sle, a 82 » Si J;e, for Western mixed, and 84 and, 82440, @ 85c. for Soutnern yellow, per bushel. Ing.—Some 230 tons Seotch pig were bought, at $36 50 2 £27 60 per ton, six months. Lau.—Roehland was inactive, at 8le. for common, and 85e. for lump, per bbl. Nayat Sromm.—Turpentine and tar were unalterod. There have been 1,000 bbis. Newbern rosin disposed of at Oue.—Whale and sperm ruled about the same. There were suld 100 baskets olive, at $4 25, and 7,500 gallons Iinseed at 650. Corm.—About 300 bags Rio changed hands at 113c. per Ib. Fror.—There were 400 boxes bunch raisins sold at former rates Cerrox.—The market continues unchanged, with sales to-day of about 1,500 bales, Frmcim.—Rates continued firm, and we have to no- tice engagements of about 90,000 bushels of wheat for Liverpool, at 123¢4. in bulk, and 19d. in ship's bags, at the close 16d, For flour 3s, 6d. was offered, and 4a. asked, and 1,000 bbls, rosin were reported at 4s, To Havre, wheat'was at 20c. a 22¢., and flour at T6c. a 80c. A British brig was engaged to load with flour for Bologne, at $1; and British berk for Cardiff, with wheat, at 12d. per bushel. A vessel of 850 tons was also chartered for ondon, at £2,100, To California, 30,000 feet of lumber was engagel at $45, and 100 tons coal, at $23, A full sbip was taken up fo load for San Francisco, with mea- surement goods, at 4bc. per foot. Clippers loading were Ketting 50¢. a Bho. per 0ONS.—-Pork was brisk and firmer. The aales in- cluded 600 bbls. iness at $17 a $17 1214, and 600 bbls. i $1560. No alteration occured in cut meats. n0 bbls. prime lard fetched 11%e. a 1180. per The eales of beet amounted to 600 bbls, at full prices, Better and cheese were unchanged. Hiw.—Seles were made yesterday and to-day of 450 telerece old at $425 4 $4.50; and 2 casks now,to arrive, on_private terms. Tint Eerane—Sales at auction, by A. J. Bleocker.— Williamsburg property—house and lot Nos. 128 and 127% Grand street, 41 by 106 feet, $6,000; house and lot corner Cook and Smith stroets, $1,200! house and 4 lots on Cook, near Smith atreet, each 26 by 100 feet, $1,900 each. SvGAKe—The day's operations consisted of 600 hhds. Guta, at 43ge, a dice.: 100 New Orleaus, at 430. a bor} and 00 Porto Rico, at 44o., per Ib. Tonacoo.—We heard that there were taken 50 hhds. Kentucky. at 263g0.; and 200 carbs Wiskry.—Sales were made of 708 bbls, Western and prison, at S0¢, a $03¢0.; and 200 bbis, extra Western do., at Bve., per gallon, INES. —There were 100 quarter casks sweet Malaga par- ehased, at 57)¢c., per gallon, . ADVERTISEMENTS RENEWED EVERY SEE THIRD, FIFTH AND SEVENTH P. nail DRY GOODS. LOAKS AND OAR e Ee MANTILLAS FOR THE FALL| MOLYNEUX BELL, leasure in anno cing sucha eZ MTadice “appreciating elegance of tollet, will ating logan re ; mikean catty call © “WOLYNEUX BLL. dc FALE, GLOARS AND, MANTILLAS, AT HTB Mantilla emporitim, 30) Broadway.—Bvery no u ason is now ready at this establishment, in rie! velvet, eloth, silk and satin mantillas and cloaks, of latest Parivian designs, al) imported and manufactn Pressly for tirat class city roteil city trade, The ins oF ladles ia respectfully invites. . BULPIN, 31 Bro OREIGN SHAWLS.—THE SUBSCRIBER 1 the attention of ladies aud all connoisseurs of re shaw ‘nperb variety just imported for the fi ‘cing everthing that 1s righ, beautiful, an| t specimens of real ‘India eamel’s h eli, Devean, and other Eastern productions, together with an broehe, and collectic io b Pure camel’s hair, but manufactured in France by that ordinary French invention, the ‘needle loom,” the which approximates so eloscly to that of India a8 to the closest scrutiny to detect the difference, Public tion is most BOLE solicited. GEO, BULPIN, Fereign Shawl and Cloak Wi No. 361 Br FF, GRADOT, EMDROIDERIES AND LINEN, « Broadway, commencement Thursday, Oct. 6th, ly arrived from Paris, importing directly from his mj ladies of New York to visit hi: ut, Where they will constantly find the newest most moderate prives, ARIS FEATHERS, RIBBONS, BONNETS, &C. roeeived, $00 dozen rich ostrich tips; 200 do. do. m Oe di ime de ¢eques. A! carta which, tocether with x | id fast straw, hoaver, and felt bonnets, will by J. WHOM 64 and 65 Juhn street, eorner of Wi 19, 1,000 ange an rt low for eash, PETER, ROBERTS & CO. 375 BROADWAY, ‘store,) have just received their full and winter been made expressly te order, Th ‘s, ladies’ and geatleme: under eli B.—A large assortiaent of ladi hosiery, whic ment of chil very complete. N. IBBONS eater varioty, ait EN AND (TRIMMINGS CAN BE FOU? at lower prives, than any a » 27) Hudson street, | the sity, at Me 5p a . MA'TRIMONY ATROIONY,—A MIDDLE AGED CENTLEMA from busines thew lady for thespurpose of f Fler age mast be nvent ei MADE EASY, OR HOW TO rofeseer LAWTON, Boston, formerly] pt of ong adress, on the roc thoi hoarte way desire. The prewens is 0 tivating, that afl may be married, irre: or positiex, and last, though not least, it ean ed with sued eure and delieauy that deteetion is im, Address Proieswer Lawton, Boston, Mass. No let from the Peet Office unless the postage is paid. EXPRESS AGUZNCIES. ERFORD & C0.’8 CALIFORNIA, OREGON South Amerion Express.—Our next regular Unite Mail Express will be despatched on Wednesday, Oc! twe o'clock, P. M., by the United States mail steams in charge Of a spocial mestonger through to dei connecting at Panama with the splendid fast runnin Winfield Scott. All freight fer our express sho liversd to va in waterproof order before the day of tobe corded and sealed, and no package should more than ands cubic feet, or weigh more cived atour effice until on by_our lin bai th pound Small parcels . M., on the day of sai ng. No shar tom house feos, or consular certisantos. ‘We will 8 San Juan. Mail bi at On er 5, via Mi BERFORD & CO., No. 2 Astor ESS VIA NICARAGUA ver—Mr. Herrington, special mosseng ers of hnif an ounce, 12% cents, will be delivere: Address in San Francisct, Small parcela, in our Raves greatly reduced can be le Oj trunks, 50 cents per pound, under ten pounds. couts per pound. N. .—Our messenger will lonve g ata P.M. W. C. BARN 173 Broadway, entrance on Cortiaudt PUROLEAN SS.—AGENCY OF OCEAN 1] cel Delivery Company of London—This day, ( say,) by steambbip Afr mall parcela receive A-M., for all parts of England, France and other co} , Asin and Africa. Parcels not exceeding bie inches, $1 to London and Paris; $2 to European citi this office. Overland ex 3 to East fndia, China tralia leaves on the 4t! month, 4 Agar street, Strand, Loudon; 44 R twires, Paris. W. ©. . BARBY, entranced in Cortlaudt SANFORY repared to} ork to 1, remen, Hamburg, £1 nu Continent, ones a ‘and all patts of | Van Dies ealand, by every © ing henee, or nyland for those places; and Hong Kon, Shanghas, Caleutta, Madras, Som lay, 9 parts of the Kast Indivs and China, onve every b Uffice 86 Breadway. twice a week; to Havre, Paris, and all parts of the European Melbourne, i PECIAL EXPREMS NOTICE—ADAMS & CQ §) run an express between Now York and Boston, Raven, Hartford and Springfield Railroads, commo| Saturday, October l, for the transport of exprd agen generally. Laprecs will lowe the effioe ae 4 déily. Leave Boston at sama hour, with monsengers A & CO., 69 Bro IMOMPSON & 00.'S EXPRESS TO CALIFORN' ‘Sth and 20th of every month to Boston and ia wad West daily.” Charieston and the South, days and Saturdays. ‘Letters, ko., for Califorain wali 1 ooloek on the day of sailing. THOMPSON & CO. $8 Bro ORNAMEXTAL IRON WORK, Pon Ore or nether a ARN attress depet—thi VROWELI’S ORNAMENTED PATENT tailing, without rivets—, Led for simplicity, anrabili style, pattern, er ing foot less thaw it caw bi New York Foundry this railing, togetier bwfidings, bank and vawlt covers, grat ‘« f all . Spewimons of the Talling ‘at"theie waksrooms, 7) Duane street, ay. y im sections a few doen JN IRON FURNITURE Wi ft No. 66 Di pp raugements for and trm of Uiseturo of ir in al sponding with the inerensing dem: Si Duane street, ablishmont will comma tirags the freshest specimens and patterns of the abroad, will make ench imprevenwents ae sna will bzing out from tina te time evig braun aye ore , style and price, W. T. B. cordially invites 4 in the city and country to visit: hix wacoro| examine his steck, comvisti ands, atends, lintst door and window cradles, ia euedtion ling Company, Nos. 7 of Broadway, TICKPRSMAM'S ORNAMENTAL IRON Tron fw or; q Manufacturer of all the iren railing aido the Crystal Palace: nino, the dem . Circulars and drawings forwarded by the a JOUN D. WICKERS BAM, No, 312 Broadway Nos. 47. 50 and 6i Lewin streat. EXCURSIONS. HE MOST DELIGHTFUL TRIP Ve taken is to drive ont to Youke North river. Give Dr, Kellinger aeall. ’ Hoh Lis spacious may commodation of his and the public in general, More all can eall and cot ion Without reserve. Transient and permanent }) Lad, Some of bis patients aro now leaving for quarters who were carried into the house when th: Tut they Teave like now creatures. Many roinaia Doctor through the winter, A few very pleasant rol Vehad. The Dostor has @ large number of hora finest kind, most thoroughly broken, for ladies or gon Carriages are Stwags ready to convey wong about U! try. ‘Tie Doctor is a dear lover of the horse; havin, Sars experionce in conditioning h Pright deve a tolerably fair’idoa of what co: & good hi it e the Doctor a call at Yo who wish to be satists at his store at 476 Broadway, Unlike theifaculty in ged makes all bis modicines pleasant and very easy to b} Sold in portions from 2. to Saeach. All are deligh Strengthened by the hour who take them, Si ovis nearer arn RS, PALNER, ANTROLOGIST, HAS REMOV 20 Bewery, opposite Prince street, where # to the ladies and’ gentlemen instruetion of the pasty and future, from 8 o'clock A, M, till 10 P. M. TH DAUGUTER dant ADAME MORROW, SEVEN ovonth daughter, and a doses Tine of pire roaeking brek for centuri leoturos en all the events of life im reg love, She is 7 aval wondertel thie worl ld, or oir very th ir inte ‘boon kuewn. show them chvont friends, travels "in the eity in av fireet, between Cannon and © WHALE & DAUGHTER'S DANCING Chi and % —W. ne 8 of instruction Foy abeve, on . a d masters, Thosday and Saturday afternoons, seis exentngs NF & st an Classes at Gothie Hall Oss, 16, For partic iyn, will commence drewlars, to