The New York Herald Newspaper, July 24, 1854, Page 3

t La arege cedition then advanced willl for @ conveyance of the mafis, will afford en tae a ooo Cake tn iedacement to meee © Somcesng te. ie tee , Pre ee: | be: " mayo: Ea iplakine tine Wie , for. of » -| come be trial, anf that command uf tha. viver tor the of trade, ol collateral bart oy ery ty vas sesembiing at to make ; inn il be sacred ae ey 4 er expedition the Indian territory, pet epee oe ee a a rhaf Re thy strong for any event, and, thas p: experiment, by ang eens rod 40 getat te gold which'ro doubt existe | that the business men of 'onoina 0d » ip great abundance. Tris last all the patronage their circumstances will allow, T understand, again started for while the increasing trade will soon r: ‘a second, ye, but there are no reports from it yet. pi man natasastenonti for comyey- The New Era, of June 1st, saye :— The WS FROM THE SOUTH PACIFIC | yahon winsionary and other relighces socletioe have beld their meeting during thie week. We © Revelution in in Battvia— | have beard, but cavnot vouch for the fact, that the ‘rade—Ameriean, aa and ve eubject nariea to Japan wae under yom the Asginwa!l Courier, July 12. Mr. Allen, the Minister of Finance, hes recom 'e inke the annexed extracts from wended to the Legislature a new tariff, materially ne Puna ua Times:— atte modifi the existing cape md {ter notice of the present cow of the | pote, In bis commonication to the he thue cabinet, # change having recently taken | contrasts the revenue from the old, and that ex- conser paper a co of the | pected proposed ad the br on the extting laws there was colleated on the branch of Morcign Affairs the message de- | 2 3 Diseveute- which tare complicated the situa whe Dretdia aoe year 1863 872,081 0 om the same quality... a of Peru, and wich have, shevefore, paralyzed ne, the irrwould not. be proper fore teudiy | Méhing » diference of a ice would ni roper s i mead ether to importane Pera % circumstances 80 vite tiftog ave, ere ras canmiat una of two millions of o the pense ae, Sane Wold te en . man dcp co, ren rol te ‘om the same ValU6............+4 Bony ges 116,091 98 ar T e affsira Bolivia Pera, Maki difference Of......-. 0:4. rays, it bas not bern able thus far to effect Lon tfestase ee opts, wines, &e pg ip tavor of , but expresses the hope i e something may yet be done. So that the proposed bil! will produce more than the existing law, $30,027 96. The annual address before the Hawatian Agrical- taral osiety nes to be delivered on the 13tn of June, by Hon. D. L. Gregg, U. 8. Cow:mixsioner. The Polynesian says :—'' The five grazing estate, formerly ewned by Mr. Brown, at Wailua, 5 wea gold at auction on Saturday last, for $2,500, subject to a mostgage of $500. Incladed ja th purchase were about 400 head of cattle, of which mae fo) are milking cows, and all the buildings on e place. . Weston bas erected in Honolulu extensive fron works, where all sorts of machinery can be re- peired, and heavy castings of every description made 0 order. POLITICAL. From the following preamble and resolutions in- trocuced by Mr. Harris into the Honse of Represen tatives ou the 30th of May, it will be seen the French still inet on a reduction of the duties on their brandies, and the Hawaiians ba ny of ever Ho @rrangement has been effected as yet in refer- :t0 the clan of the United States inet Chili. The arbitration progoeed by the r has been rejected by the former. treaty of amity avd commerce is now under otiation betweeu Great Brtain and Onili, woiks on the raihosd between Val lanvingo have suffered no parelyzation—al- gh it does not advance as rapidity a8 could be ed, or eo a9 to warrant the hope thut the first, is of the road to Quillota, distant twelve I ia Valparaiso, will be terminated by the of present year. be goveruor bas given the company a letter of it for one thousa:.d pounds sterling, on funds in bland, 10 mect the cost of articles ordered from ope. the sirectora within a few days have taken exsion of land ceded by the pany for a rath atatl thin the sity liealee fey Gotten cf pee aaa e the hb ‘ for a railroas station i iy. ‘ tl structio: 3 by ne last news from Copiapo is very sathtactory. | fleet in 1e49:— wake iagetes cel b breakivgs out have been made {fn some mines y Wrought, while new «ixscoveries swell tae er. he coa) mines also, at the South, are productive ash the assistance derived from Buropean im Whereas. the Commissioner of France, in his despatch tothe Hawalion Ministry of Foreign Relations, No. 9%, dated the v7tb ef March, 1954, states: ‘' That it ia ont after the oonclusion «: a new treaty that the orders whi T have recetved will permit me to make known the opin- fen of the Emperor’? And whereas, the said deapateh further states: ‘That a great roiuction of the custom house duty imposed on French brandies since 1844, when imported into this A:cbipelago, is one of the principal conditions of o new treaty : thereby reiterating one of the pripeipa) demande of Admiral de Tromelia, in 1849 ;?” there.ore be it Rem} ed, That this House respectfully request His Ma- jesty to wit hdraw the reference of the subject of ind-m- nity fiom bis Majesty, Napoieon I, and that this House will usert im the appropriation bill, Jor 1884, the amount ante. offee had suffered a trensicnt fall; and ye gh maintaining very bizh rates, uid not find agers tor large quantivies. here was a great demand for hides, eales having a effected at 290 and 300 rials. he Pervvion war steamer Usvyali, had arrived Callao trom Arica, bringing dates up to the ». Government authority had been re-established slay, Arica and Tacna. It was likewise confl- tly expected that Moavegua would follow the evourse, On the )3th, a skirmish, nited B the name of battle, occurred in Arica, between evolutionary party, under the orders of the Pre- of the Mapartcoenn Osorio and the government iy#, in which the lattor came ont victorious, with ‘rieorers. ase was doll. mecersary to incemnify bia Majesiy und private individ- uals for injuries committed on their property by the French authorities in 1849,” In the Houre of Nobles a committee reported in favor of abolishing the tonnage dues, but great op- position was msde to the measure by most of the native membery. pb mee bee pled Sieve at Hager. Pre’ the the mines of Cerro de Pasco had fallen in conse. OURS. FOF SC VErS, 3 Wad LA wn ce of the scarcity of bands, aud on account of | the mover, Mr. Kimaka: That previous to tho volution aud recrnitment. ; wal adjournment of the Legislature, the two Houses ‘e append also the following extracts taken from | meet in joint session on the subject of the petitions Panama Star avd Herald of the Sth, which has | aeaivat annexation which have been presented to 'e to hand since th thie House, avd in order that ia time of peace pre- adame Biecaccianti ia at present in Santiago, | parations may he made for times of trouble. has heen well receive’ at her concerta by nu- jous and fashionsUle audiences, freights and charter a srnall amount of business been gone during the past fortnight. n Lima, we learn that tke steamer Ohio sailed ! end the Ubinchs Islands, on the 22d inst., would continue in that trade. in extia from the office of the E? Heraldo (gov- ment organ) of Lima, informsus that Col. Ro- ues entered on the 16th instant, without yeition—the 1cyolutionists retiring on tie ap- ach of the government troops. é sevolutionists have been driven from Arica, >a love of fifteen wilted, inclading the Governor ‘cna. The loss on the cpposite ide was small— killed and two wounded. The rials. TO THE FDITOR OF THE NZW YORE HERALD. The firet of the long list of complaints for j selling liquor without a leense, bronght by the Temperance Alliance, came on before Wm. B. Meech, Eeq., Justice, on Monday, the 17th. John B. Ha:kins, Esq., city attorney, for the prose- eution, and A D. Rusgell, Esq., for the defence. Wm. H. Munger, No. 499 Hudson strect, wa | charged with four violations. Mr. Russell pu in an answer denying the charge, and stating 1 Vacna, when the intelligesce was recaived of a (7 ich Mr. UH: ‘ “arrival of the gevernment troops in Arica, an | great variety of matters whic! r. Haskin 5 occurred, result: finally in tho defoat of the moved the Court to strike oni. He said th Court should not allow the time and Jabor of the prosecution to be consumed, and the cost of conducting this suit increased by the introduc tion of euch utterly irrelevant matter. Mr ‘Russell said that in the city the case is differ- ent from the country. Here the Board of Ex cise has no discretion, bat must mect aud dis- | charge their duty, which is to grant licenx ? He said the commissioners of the Ninth ward had refased to do their duty, and had dissolved the Board withont granting any license; that No one is now authorized to give liceuse in the ward, consequently the door is thrown wide EWS FROW THE SANDWICH ISLANDS, ments of F.ussian and British Ships of sed New Tariif—I'me Crope— cum Navigernon, ae. (From the “an Francisco Herald, June 23) he scheoner Flying Dart, Captain Freeman, ar- yesterday from Honolulu, after a rapid pas- of sixteen days, bringing us Jandwich Islaud era to June 3d, two weeks later than previous eB. ftera stay of a fortnight the Russian frigate a, Coptiin Le:sotthky, 60 gona, sailed from jala on tbe 25th of May, bound to the norta- d. On the following day tue British aloop-of- | Trincomalee, which had also been in port seve- ks, sailed on the same course as the Diaca, | open, and every citizen is at full liberty to sell meiching pees persed oe agua as much as he piesa. et Leyes re- b erce, (former! ace- | ee ee) - h 1) apt. Buts,an ved at Honolnin qn the 23th | tod, Shas es pang, aie meek, alana timer} cise of their discretion refused a license to every applicant; and while the mandamus is pending, ‘ and till the Board shall grant a license, every y, in sixteen days from Sau Prancisco. This bisowued by Silas ii. Burrows, Fsq., and isa Sa iene Sekine Jian: hs tocewed ink sale of liquor in the ward is a violatioa of law. Ialands urexpectedly, to have the barnasles _ Judge Mecch took till Friday to consider, and eff her bottom, having discovered after | this morning rendered the following opinion. ing San Francisco, that hor sailing was impeded bein. be 24th of Moy (the birthday of Qavon Victoria,) observed in Honoluta by the British residents others, with she usual courtesies, displays and vitiea On such Aa occasion. The Bugtish and ‘jun frigates were most tastily decorated. At | n sajutea were fred, at which honr tse Briush sutGereral, Mr. Wim. Miller, receive? calis of f wp from official and other goutlemen in at nmbers. Aftcrorards the Oonsal Coasral gave equet, abwhich were prevent Pisce Liholfho, Cowmiasioner: “or ine United States avd France, Miaisters of Worcigu Relations and Fine f Justice Lee, aud ottert—~she King and ?: being prevented by the sodjJen and severe ill- of the ister of the he Polynesina of J ce trom Mani w Five of the tisst fifteen of the cases are set down for trial on Monday, July 3ist, at LL A. M. The defence demands o separate jary in each case, Respectinlly, C.J. Wanrun. THIRD DISTRICT Corr. Before Wm. B. Merch, Justice: y, $e, of New York: vs. William Ma- ction. is brought to Sp rm penaliy for lant ip his that he selling nor withovt a Hvense. The defe: aoawer denies the charge, an keepn @ pubiic ordinary or vie Ninth ward of the city of New extublisbed aud licensed for se fa u citizen of the United ‘acter ; that from Ma: if, to May, 1855, taer } © persons authorized by law to grant tavern or excloe Keenses for said Niath wi ona Councilien of ing whens cre chore the duties ise Co) pated yield of 3 solved thelr board with the destioyed by at they wonld great no licen aises to yield a heavier a ian has ever before beer that G, per acre. The weathur hoa been fine duriug past few weeks,and tields first planted, HO reeuy to hiry With the present high evf four in the L from whenee our iy has been 7 ed in former 4, onr readers will rejoiee wit 3 in the pros- it or & domentic supply, eyaal to oar consuny cheaper rete ‘ian it cau now be importod, | Ne at the seme time it will retain in the conutry Fee amount of mcuey hitherto sent abroad in } ruent for that indiepeaaadle article of consump: Wheat is said to fovrish woll on the htabiands eo istand, eud the Polynesica thinks that corn, and pares cenld be cuitivated with equal sno- | 00 those lands adapted t the growth, many hich are now tying uncultivated or used mere!y grazing. | conrt baving cognizonce thereof.” he sawe Oper seya: From the islandof Kouai | — Tho issue to be tried, therefore, is simply whether ico Jearn that the sugar cane ia growing finely, the defendant seld any strong or spirituons Nquors waises @ lteavy crop the coming autwma, without being heensed, accordiog to law. If it nia the weether continue as favorabie as indica: . should be proved that he did sell lquors without » DOW premise. | being conse, he would clearly have incurred the hile on the subject of crops, we may as weil say, | per y provided in the stetate, The several tuat- from our obser we are of opinion that | ters sei forth by the defendant cannot constitute potato crop has been tuo mach negtucted, and | any defence to this action. By the act of April 10, this vegetable (wo ry ja Gemond by the | 1874, the Mayor, Aldorman and Aasistant of each pling fest and shipping i ral) hos doterto | ward, are created Commissioners of Excise, and | d, in some loan iti sntil tt is plmos) worthiesa, | were authorized to grant Jicanses to such persons as | bh: most ccrtaioly, ix tue cheracter of those we they whould deem fit and proper, to retail stron o sven in oar markt for atew mouths past; aud liquors; eid provided that no licenses shouid | essen improvement tukes place in the quality, | he gronted to apy one who shuld not be, in , tho opinion of the Commissioners, of good moral character, end cbizens of the United States. The powers toat have devolved upon the Assist: | ant Aléermen now belong to Councilmen in thoir respective districts. The dlecretion vested in the Excise Commiasioners + eems to be broad and unlimit- ed, except as to the qual'fleation requiziag the licens | cl party to be a citizen of the Volted Ftates, and it | bas bea aid to bea“ discretion which cannot be | made subver vient er subordinate to the d scretion of | the Courts,” in the langnage of the Superior Court in | the ease of Leieh and oti ers v:* Exciag Commis | siopers of Ninth Ward. The de’endant alleves | facts ehowing himself lawfully competent to receive | a license, and therefore maintains that he, and of necessity all otiers poseersed of like qualifications, by making spplication for a license, are entitled to if as a matter of ed right, wae ean jostify him- | ndart has made application s r¢fnsed ; aud tont no licenses w ated in said ward. 7 es to strike all tl Ts the answer, on the gi defeuce to the acti this action is bro to City, 344) prov hall soli by. re or deliver in purscane jd city, any wine or Y ors te be drank in his or her none: yard, garden, or premises, withont belt aevording to law, shail forfeit and pay tho + twenty-five dollars for every sach offeoce, to be re- covered with costs of suit, in the name of the May- or, Aldermen and Commonalty of t of New York, tor vhe use of te poor of said ep allirmative allegations a that the stetn’ helt wot be surjriced te see them im orted from J er have been of Iste—for consump | » bere. , iam says, the new floaring mill ot compuny in Honortin ts compicted, and on weday last commenced operations by crinding p, Which wasturned out in double quics time, atiful article of bri, golden meal, good hfora Prince or a Yankee. A few woeks we wheat will be and in order to grind, tn we &hal’ cee what kind o} flour they ean make, auticipate a delicious orticle, such as has never ve been obtulnable ip this morket. The crop heat Dow growing is estimated to be ouflictent 900 barrels of flour—quite enough for the do- tic consumption of the islands, aud a little to fe Sav idwicly islanders are delighted at the pros- of ner being pat apon the route between | ecif in this action evidence of these effurtaand | Franc Thoy say the Minis pene to 0 it, This proposition seems | f Fioance will msert the sum of $2,500 in his be hardly tenable. A license of whatever char- et, as compenration for carrying the mail semi- bly by steamers, which, with the larger eam, expeoted the goyeroment of the United States acter is a mere personal privilere, genorally with- out ccnsiceration, not assignable, founded in per- sopal coniidence, and reyocabic at the pleasure | the opinion of Juige Clarke at Special Yerm. om the bauk their guarantee of the and interesc tharoon:svenighlo yr 5 thet Mumfurd fo pursuance Ej THE LITERARY WORLD. Gift Boobs, Histories, Travels, Novels, Pocmas, Gic., Just lastee ur in ¢’. cas. We gave in the. Haman, a'ew days ago, some account of the novelties ja historival literatare to be looked tor during thia seavon or the coming winter, and to-day we farrish a brief sketch of some otter him to historical compositions, and of the newest works and works in preparation in other denartments discretion it, bad executed an assign: . In nia case, io the Pe eee mortgage ag Trust Company, with be aussi HA@TORY. Haypears they Tacaged wbataver tty Daa | pal and interest, abd thea ine ae rato sbe print |, I addition to the historical works mentioned ia a ne Seb ee ing ta grant no Sanne RS one dollar paki b; the tras, ‘ib? | oar recent article, we are gratified to leara the: Mr, authority of law, has been to conntenance pen , the bank guarantees to Company the | Prescott’s long-expected “History of Philip the Se- te idea that the discretion in these Excise collection of the inetalments, aod of | cond” ig 90 far advanced, that tgo of the six vo pomp ate, eae exer ceed, can bo reviewed Dy | tabs apan any dviaulite payment of priocioal ce | lites of which itis to cobstst, WM tmmedtately be thority and juriadiction of thie Tee remedy, ae Braet the amount then uppaid tothe Com. | fiven to the press, and published during the fall. if any, can only be obtained in mart pi) , and to have the bond aud mort; assigned to | This important production wil! present the begin- by mandamus or otherwise, But even if the defend- vo Lapeer po 08 ‘The ortgaged more ning of the decline, aa the Histury of Ferdinand and aut sbould eventually obtain a Hicenge by vir- | were —_ erty na S0r whioh Teabella described the end of the rise, of the great ine of evmpulaory proceedings at law, or the volan- | November, 1951, only realized $5,150, w! was lof. ia, Braxtd tarya: tionor tbe misstoners,! must’ ftin taio | theirfair value on the last meationed day. Ingersot) | pees @ Spanish monarchy, Mr. Prescott has Court that he is defeaceiess ia this actton, if hahas | wes intolvent ano remwved from the State, ard | drawn bis materiuls for it trom the principal ar- sebd liquor before obtaining it, Toe motion of the granted. nothing could be collected from him, The bank is vlaintiff's counsel must therefore be that called upon to tulfil its guarantee, and 3 it bad no legal capucity to make such a esisriee. ana that it is not therefore liable on it. the sore OCourt-General Term. {Continued from Sunday’s Herald.) OPINION ON AN APPEAL PROM ORDER FOR ATTACH- this statement it is plain that Mumford held ‘oud ond mortgage, aud arrange’ with the bank to convist it into money for the benefit of the bank, Beck and anothir 03. Ryback and Stephani— | 224 to apply the mouey to be received to pay hie debi Mitchell, J.—The plaintiffs bad delivered the bilty | t© the bavk, and that in pursuanes uf this arrange: ment communicated to the Trust Oom, » he ae signed the bond and mortgage to company, and the bank atthe same time guarantee tiie any the pyment of the bond and m 4 or of the six first ivstalinents on it, and that Mum- ford received the money from the Trust Company a . ap} wee bo proceeds to the payment of mis debt w the of lading (received by them before this action waa brovght) before they had any notice of any claim to geods adverse to Rybaok’s claim, and the {erin were then im the public store house and not their control. The goods had been sold aud pro- bably deiiversd to Rybuck by the rormer owners of them, but as they allege with aa intent on B’s umtord bad assigned the bond and it the these ciroum- Hanceattamight be that the plate fs he no growad | Wortgage to the bank, and the bauk fod assigned to Ble a. bill of interpleader, as they could not be | "em to the company, and guaranteed tho pay- responeible to the adverce claimanta for anytuing | Ment, as it did, if is conceded that the bank id Dave beenlinble. The only difference ig that the ene trausfer from Mumford to the bank that would have been necrrsary in that case was omitted, and Mumtord, to simpii’y the transaction, acsigned di- rectly to the company, This waaa mere matter of which they bad before done- in claims, ard in consequence of the evidence of title which these claimants bad enabled Ryback to pro- ‘ ure. by the sale and delivery to him, and they could not liable for any thing they should afterwards nger bad control over these goods, | form in cunveyancing, and neither the one form nor do. s0 bd ae ng mn ia correct Bae Ryback, iy tis | the ether can be considered in aby degree as an at- conzentsng that a receiver sbould be appointed who | tempt to enlarge the trauchises of the bank, The thoala 33} the goods, and by an order being enter- | ™¢2sure of a iranochise is never determinsd by im- ed appointing such a receiver. After that it ‘vas too Yate for him ty fy the validity of the injanction restruimng him from interfering with those goods, for the reason that the complaint did not show grounds for a bill of interpleader. So every as- sigrce for him after that date would be in hke man- ner estopped from raising that objection, at least on a motion relating to the ction or anything done under or in relation of it. Stephani is brought in by an amended complaint, which should havo been aud must be treated as a supplemental complaint, on the alle gation that since the suit was commence: he became es ap or purchaser for Ryback with- out apy valuable consideration. If this be true he is equally estopped. The new complaint shows that bat or a of Caper ere Haploed oo age re fertion and were ai t twoge- ther with the bills of leding under like circam- stances. As to these Ro defendants were in danger from adverse claims. The objestion is made that they received the goods as the agente of Ry- back merely, and the: cannot cause him to in- materix! forms. The question phe what power or capacity has been given, not w: er the power is exercised in a particular form. In substance the bank had an interest in the bond and mortgage — the arrrangement made between it and Mamford, that he should assigntve bond and mortgage for their benetit,or assign them and apply the proceeds to pay bis debt to them, gave them such an interest in this bond aud mortgige that to some extent the bond and mortgage were the property of the bank. ‘Tt was agiced to be theirs when i; was agreed that proceeds should be theirs; and when this agree- ment was carried out, and became an executed con- bave been theira by relation durmg the process of express contract, or a cient cousiderution to that the bank might assign to the company. ‘This waa the only question mush argued in the case —most of the others were waived. It was contended that in some respects the complaint set forth not a ot they recel facta, but the evidence of facta only. If the facts eo aay earn pvcamen em fom eet ot stated are such that if they were found as stated, who also sent them the bills of lading to their | the plaintiff! must recover by operation of law, then order, and who may be the agent the ad- | the plaintiff has set forth asuflicient cause of actio. verre claimants aa much as of Ryback, A | 80 when the pluintiif alleges the execution of the tenant cannot file a bill of in leader guaranty by the bank, under its seal, and the Tantee recites the executcd, and that ia a lawfal and sufficient consi- eration, that is prima facie enough. A statement of certain evidence from which the law draws a con- clusion of fact in in effect @ statement of that fact; but a statement of evidence from which the law would not draw s conclusion of fact, bat whic! bis lessor, and one claimivg adversely to he Eason but he may against persons claiming adversely to each other underthe lcssor. Phe plaintiils here recog- aire the title ua once in the vendors of the zoods, and those vendors and Ry!ick now claim the goods ad- versely to each other, The plaintiffs obtained the ee eee as the; oor aa much through . would be left toa to find one way or the other, celved it from Rybucke they pay had go nathorigy | althcugh it be so lear that a jary ought to ind galy to deliver it to nim. ry that an at one way, Let esd sufficient in pl Bo £8 issne Ryback for violsting the tajanction sa might be thet it would not in po he asuitichent to the goods first abi; ped, in and delivering | #legation of unex moraines <f v0 allege them to Stephani, ha |. This is merely | she set sail, and on the same dey, without encoun- Ee ee eet) he! mie gl ia for | although a jury would be bound, on such evi lunce, ‘an attachment, and is to be 2 in $1,000, and is | to find that she was unseaworthy. In pleading it not fora commitment. If he bas sold the to | might be insufficient, because by possibility the abip Stephani, or aided him in getting them the | still was seaworthy w2en she left her port. rs argent ge oan and on gaol seem to be as clear es the case suppoeed. Yet even cannot open the inquir, whether the injanction | in such a cage, it may be doubtfut whether the proper was properly granted. imposing a tlae | "emedy ie by demurrer, when the party has a more for the contempt that may not be conaidered, it is | appropriate remedy by moving to make the plesding not now r to decide. But, a8 before shown, | More definite and cortain. ‘The judgment ap)oale ! both injunctions were prima ie good, and are, | fem should be aftsmed, with costs. ' therefore, to be cnforced until set aside. Wuhter. | The Mayor, &., of New York, vs. Camprcll man’s affidavit is clear thot Ryback had tho bills of | sthers—Clarke, J.—Dhere are two causes of lading on the 3d of Ji bes days after the in- | ™arrer to the complaint in this action. 1. That junction was served, and. taab he paseed them to | ¢oe# not allege that the pi demanded psy- Btephani as part of a show oale. Cerrone and Bit- | ment of the rent. 2 That it does not as te:fetd show that as late as Japuaty 11, Ryback notice of an inteution to re-enter. 1, This isa spoke of the goods as his in the possession of Step. | ‘¢ediug under the statute, (2 R.8., 505, sec, J0,) dani, and off-red to. dispose of them to them, and | Which expressly states that im the action of ejevt- caused the goods to be bronght to their store to he | ment for the reovvery of devised premises for the sold on commission for him; that Stephani then pes gear of rent, the service of the declaration spoke of the goods as his, but that he has no pro- shall be “deemed and stand instead of a demand, perty, ond is supported by his wife, who is a music &c. 2. With regard to the second objection, no no- tr La and Stephani eantca. as say, that | tice of re-entry is necessary by common law, or by the transfer to him wase pretence. Mr. fally | statute; except where there is a sufficiency of conliras this. In reply to thie, Ryback and Ste- | 2nd cl tels on the premises for the satiafacti phani say that 8. bought the <n the 26th De- | the rent, the act of 1#46 requires that filteen days cember last, and paid fir them, bat they do not | botice, in writing, of the intention to re-enter must ray what he peid; and their subsequent admissions, | be given. It is unnecessary to consider whether if really made, show that the sale and the payment | this provision of the act of 1846 applies to a case Were mere pretences, back does not ke his | Where the lease wes execnted hefore it was passed, aiding in the rewoval of the goods after in- | (cee Williams vs. Potter, 2 Bar. 8. C. R. By ee canse, on the face of the complzint it is e there was neta spfliciency of soods to satisfy the demand, It ia expressly alleged that the premises consisted of “a water lot, vacant ground, an’ soil underwater.” After such an allegation, to add that there was not a suflictency of goods on the premises to satisfy the dcmand ecems to be unnecessary; aud itis possible, if made, might have induced some members of the profession, if the defendants hap- pened to employ such, to move to have it stricken put as reduncout, with $10 costs of the mot.on. think the cor plaint in ull respects enflicient, and that the order at special term sould be aftirmed with costs. junction was served. for that he is accountable. 'yback and Stephani algo solemnly allege that the statements made by Wuhterman, Ceronna, Sitter. field, Losee and Tobias, so far as these statements relute to them respectively, are untrue. They show by other witnesres that an admission said to have been made by R., that he had left money with Mra. Earle, and got it back, for her to give toS., that 8. might pass it to him, is untrue, so far, at least, aa relates to R.’s giving the money to Mrs. Karle or getting itfrom ber, But tates no evidence except their own, that any bill of sale or money paseed between them before the 3d of January; or that the bills of lading were in 5.’s bands before that time,or that before that he exercised any con- trol over the goods. But those contradictions, dis- raceiul as they must be to eome of the parties, only thow that the plvintiffs should be fally protected-— | they are not to be put to the hazard of determining Hl hich of these parties is, or who is att, pier » The er appealed trom should be af- med with « , £0 that the attachment will issue and the ti in force. See, forther, | Jones Woodran, J.—That part of the h purports’ to set up a second 26 dces pot tender avy material issue. Lhis fest, and would sj pear so, I think, to aa; » tem of pleadin. is not leas ao Ww: Mi without a 1 IMPORTANT TO BANKERS. Talman vs. Rochester City Bank.—Mitchell, J. — The defendants’ points state that they may con- cede that if the 1 tgare mentiozed in this | cace ba ed ip good faith by Mumford to y Dank, as security for the debt othe beuk, the bank might (wich Jord) have assigned the bond | other, and guaranteed the pry- a mortgage. Bnt that the dis- pn the right of che bank belonging to it and its nging toanother, Th wank may certainly as- held by it, and may ¢u- Lis of guarantee or war algnmest or conveyov:e. | | fsubdstarce aad aot or form; | °°! i neo complying in all outward | ''« h the requizements of the rate would be le Ick ® ure contrivance, and | + tion ‘ere contrary to | « fore the court is in sub- only needsa formality to i, the omission of the ad for taat alleged and set up pe tion, for matter “of ayoide nO? convey any into the common coy 2 such tth 8 ag and breke the comp! Boy net Jo7, and the subetance alone | “be plainit ‘ a question thor the bank f Ow cast sit bas ured 1 nivize forms or not tyre adrs = Geant a any power or cs ity to do th: ing which it gicemen’. tone in any possible’ forea; wh the bank had | ‘The motion must be granted, but leave may he any powers, fimetionaor franc 3 to guarenty in | 2 yen to the dante to amend their answer, if so Wined 5 fifteen daye. " ffs costs on this motion, #10, may abide ftbe seit, + tis MeCreadly et at—Woodrul?, J. ia of the answer is defective tn this, such a case, not whother it bad ved all the reqalsite | terms whieh would clearly show that ithed such | right. This is not like the case, when that which | pertaice, of the character of form is made necessary | } is part of the answer does imyort a de tract, it made the bond and mortgage as mach to | completing the arrangement, as if thore bad been an | assign the bond and mortgage directly to the bank, | hives and private Mbraries of Hurope (especially in Spain, where the libraries of the descandants of the old statesmen of Philip’s reign have been thrown open to him,) amounting to not teas than ten thousand folio pages of manuacripts. The remaining volumes will be published at intervals of about two years. It may be safely said that Mr. Prescott is now the most popular historian writing the English language; no other could ob- tain from a London publisher what Bontley has offered fox this work—one thousand pounds per volume. Mr, Gideon Hollister, of Litchfleld, has been man years ocoupied with @ “History of Connecticut,’ and the Legislature of that State hay appropriated $500 to agsist in its publication, ;, “The Works of Thomus Jefferson,” publishet by order of Congreas, by Riker, Thorne & Co., hay reached the fourth volume, whico is the most interesting and important of those issued, comprising the great statesman’s correspondence from 1790 to the end of hia lite, None but I'ranklin, of our revolutionary wortbies, equal Jefferson in literary exselencies. Maory politician, student of history, or other person pre, tending to a knowledge of our public affvirs, should poeseza the works of Jefferson. GIFT BOOKS. The fashionable literary souvenirs of twenty years ago are now obsolete; Tokens,” “ Amulets,” “ or. get-me-Nots,” and all tie race of annuals to which they belonged, have been permitted to die out, so that ifs volume of this sort, if never so well done in its engravings and lotter-press, would now have buta very limited sale. The place of theae tastefal pubtications will hereafter be ocenpied with ex- pensive editions of favorite standard anthors, or with new works which have some pecullar and per maneut attraction, Of holiday books for the coming season, by farthe most attractive on many accounts, will be the " Re- publican Court, or Levees at President Washing- ton’s,” in a suinptaous dem!-quarto, with highly | has dieapp statute; th > ceemt oF eile 3 tia! cud abhor saaetaies ty teentipot of te - | that the difences are not separately stated as dis- | tute: as when ® bands is forbidden to issne cireulat- | tinct e'erce In thia respeot it may be amended. ing notes unless payable ou dewiand or at its pluce : tes which, 1 | of buwiness, If the bank has the power ov capacit ONL “A 6 My dints to give its qanaaty under the circumstances of bois) er! more, witho that the note | care, there is ng statnte agalnst this form of doing | )* von for the j ountot him and uch note was given on account of the it. The counsel for the plaint ff accordingly inal. separate share id ho: vessel, a olalm for that the transactiim in question was, fn cffect | de ag well os in form, a guaranty by the bank | (is! of securities in which it bad an interest. This | requires an examination of the arrangements | made Letween the parties ag shown by the complaint. Cu the Ist of Angnst 1°35, Momford was indebted to the bonk in a large sem of money, and tho bank was would he litigating that elal nce of J. M, in court, when he is cleat therein. The plaint iif cannot be con that cain first with defendant:, pelled to hi Gesirons of obtainin, ment; Mumford, inorder | «td wards with him. to procure the means eT bayment, and it it is to be 3. Asto that art of the answer which avers da- inferred in complionce with thls desire, assigned | moses “nstare! by the cargo, and the expense of to the American Life (nsurance and Trast Company | )\ mping, t apprehend it ts not the abject of re- the first six instalments, (amounting to $14,250,) of | coup men!) cre. If an setion were brought against & bond and mortgage which be held from one Inger: | the vender for a breach of » contract to repair tie soll. Tt was made condition of the purchaser that ablp, L apprehend the rhle of damages would be the the bank should gnarantee the fina) collection of | expense the necessary repairs, and the valoe of those ir. stalments and of the interest to become due therern ; and the bank did accordingly execute to the Trust Company its guarantee, pa was deli- vered to the Trust Company at the eame time and lace thet Mumford as-igied to the company the pend and mortgace, Mumford received consi- Seraligh jaoney tor the atvignment and gasypntco, | «hive the cygat. the wee of the ship for the necessary delay beyond the time wien the ship ought to have been repaired Dy the plaintif. ‘The motion mua be granted, hut with leave to the defendants to amend theit wmawer within t eon ah agreement made with trem and J. | nnot, L apprehend, be need hd way of , mm with | meut of the precent century. finished portraits, engraved on steel, trom original gua consideration on which it was | pictures by Woolaston Copley, West, Staact, Trum- bull, Malbone, and othor artist: of the last age. The design of the work is to exhibit the higher social Hfe of this country during the period of Washington's administration, as it wus illustrated in the private histories, im characteristics, and anecdoten, of the most celebrated persons then iv faahionahie 0. siety, particularly in New York and Philadelphia, which were in turn the seats of government while Woahing- ton was President. Among the portraits—engraved tering any storm or casualty, foundered at sea, | for the most part by the best artista of London—are those of Mrs. Washington, Mrs, Hamilton, Mra. Adams, Mrs. Madison, Mie, Jay, Mrs. Bingham, None | Mrs. Rufos King, Mra. Harrison Geay Otis, (ite ons to what are called evidence of tacts | elder), Mra. Izard, Mre . Beekman, Mrs. Theodore Sedgwick, Mra. Catou, Mra. Carroll, Mra. Lewis, (grand daughter of Mrs. Wachiagton), Mra, Sinit’y, (daughter of John Adatas), Marchioness d’U: (daughter of Governor McKean), Madame Genet, (daughter of Governor George Clinton), Lady Ua- therime Duer, (daughter of Lord Stirling), Mrs, Randolph, (daughter of Mr. Jeffereoa), Mrs. Gond- rich, (Gaughter of Governor Wolcott), &:. This will be a “ book of beauty” very much superior to that got up with solitoral an expenditure of money, afew years ago, for the display of Fifth aveane siistocrscy, and it will possess a curions historical interest, especially to the members of our older and more distinguished families. Another splendid gitt hook will be the “‘Katoker- of | boeker Gallery,” to Le pablishod uader the direction of a committee of the friends of Mr. Lewis Gaylord Clark, for the Lenefic of that veteran and popular editor. magazine for twenty yecrs, and his labors save been as illvequiled as they have been ardoons. IIs ser- vices to the literntare end literary nen of the coun- tr), meanwhile, have becn such as to entitie him to the graceful and substantlal compliment which is proposed. The volume will be a large octavo, and wi contain original papers by trving, Bryant, Longfellow, Haliock, Willis, Mitcbell, Curtis, Puy, Hawthorne, Lowell, Melville, Kimball, Boker, Puck- erman, Criswold, Taylor, Holmes, Street, Saxe, Se nator Seward, and a dozen or twenty othors, with a finely engraved portrait of each contributor. Dr. Jobn W. Francis is chairman of the committee to superintend the publication. Mrs. Be : reign Lands” is undoubtedly a many of the Tem's ©: views of J public charac ex gives ur in h “Renbies in Iecland,” by Pll wocomnt of a ect of in as the heat ed in EB : vii th Heualop her slieh. orer loo Most dacing 4 eveayth Aliticians, | and don biews ¢, and he oppertwnities of studyt leans popers of Geuesal Jackson, wiles Livingston, Majow Davuare, wad a ho st fr uolabiliting, Waom ho has hot same ting abusive that in a few days, Nolte belicve~-at auy inte will read it will be out ill ng in Hoambarg, we " fay away from the American critics of bis memoirs and trovels, that he will care Nite for their caustic reviewals. Abroad,’ a very clever book, re- in Povis aud other foreign capitals, | in & few days, ia one volume, strations. The quthoress is Mra, rhowo husvand is Secretary of our Levation at encl rt, She has been one of “ihe belle oar time,” and fs still one of the hardeomest and moet brilliant-minded of oar country craen in Harope. “Captain Canof, or Twonty Years of a Slaver’s dited by BrantzMayer, which is nearly ov publication, may als» be classed among Looks of travel; and a now Sonthern writer, Me. Randel W. Ma Gayook, annoances “A Tounesseoan Abroad, or Letters from Fazope, Mriea aud Asia.’ NOVELA. Of American novels already pablished duriag the present year, decidedly tie beet ia Leather Stocks ing and Sifk, or fanter John Myora and his Times,” a story of the Valley of Virginia, at the commence: Tn aataral hamor, interest, Piatt, of Clactr sustained characterization, and dramati LS A days. The plaintifiy’ coats of tact motion, $16, may | it is very remarkable, The story is half told fu con yorsption#, ay felicitous Ww all respeols ay ony Ww? Mr. Olark has condacted the Kaickerbocker | avixants, instiea- | P | printed fn P bave ever read. As 2 delineation of manners, tog we are inclined to 'h-nk the work evin-es =tapulap fidelity. The name of the author is not given, bag we have good reasons for believing him to be Joung lawyer of Richmond, among whose kinireds have been statesmen and men of letters of whom the country will ever he justly proud, ead who has himself heretofore publisned such occasional writ- ings; in prose ond verse, os if they were acknow- ledged, would secare t» im a rank with the mest eminent of our new generation of literary men, Mrs. Elizabeth Oakes Smith has written a novel, which will appear in a few cays, noder the title of “Bertha and Lily, or the Parsooaye of Beech Glen? We bave read an advance copy of it, with gratifioe- tion that Mrs. Smith bus #0 well vindicated her teputation asa woman of gevius, in the most ex- tended and elaborate of all ber productions, Mra. Smith is of a class of ladies whom wo do not mack affect; she is a “progressive,” an advocate of what aze called “‘womav'a rights,” avd she once gave & lecture in this city, dresxed im something like a blouse and breecl:ca; but she possesses, neverthe- leas, extraordinary talen':, and a generous literary cultwe, and knowledge of the world, to which few of our literary women can pretend, and this new novel of hers will be found !acomparably saperior to any of the aooisily praised fiction» by female. writers which have apyeured during the season. H. W. Herbers bas in press “The Queens of Henry VAIL,” & series of hi-torival novelettes, admirable for bold and skilful Jimning of famous characters. “The Virginia Comedians, or Olv Days in the O18 Dominion,” is another novel of life in Virginia, of wich we have had an opportauity to look over am early copy. We are incline t to attribute it ta the author of “Leather Stocking and, Silk,” already mentioned. itis a deligueful book, of thet agroe- able description which never fils of popularity with readers of natural and cultivated tastes. Over forthcoming American novels are-—'T be Newsboy,” “Chostaut Wood,” “The Wonderfal 4a- ventures of Captain Privat,” by the aathor of “4 Stray Yankee in Texas,’ &; and a collection of the humcrous stories of Seba Smith, the original “Jack Downing.” rowrRy. OF poetry—such poetry as deserves the name— there was never stich a qemand as in the lastiow years, and at the preseat time,if we may judge fom the number, variety and excellence of the pew editions of favorite authors. Besides the compre- hensive and excellently printed edivions of the old dramatists, which reach us from Baston, three sepae rate series of “The Haghst Poeta,” from as mary honaes in that city, attest that poetry is no longer a “drag” there. The series edited by Professor Child, of Harvard Coliege, is an improvement from the famous “Aldine svets,” published by Pickering. It already embracea the works of Butler, Coiling, Cowper, Dryden, Pope, Pryor, Swift, Thompson, “ood, and one on two others, and is to extend to more than one hun- died volumes. The series edited by Epes Hargent is from larger type and gn» more ample page, and it is edited with judgment und extreme carefniness, The works of Campbell, Rogers, und Goldamith, which have already appeured ia it, are just sack books as the lovers of poetry wish to possexs—oon- taining all the poems of each author, with every- thing about them which fs vecessary for their ins. tration, and osp ital biographies. Gilfillan’s editions of the “British Pocts” surpass all others in the excellence of paper and typo- gyapby, but we cannot say that the editor is a favorite with us. This serie is printed in Scotland, put imported in large quantitie:, and published ia this city by one of our leading tiouses. ‘The next volumes of Tickoor’s series of the Amorican Poets willbe “The Poeticn! Works of Alice Carey,” the finest genius among the living writers of her sex ; collectiors of new Poema, by Bayard Taylor and James Rasavil Lowell; and the “Poems of Thomas W. Parsuns”—a voume which will command a grea: deal of attcution. A now edition—the thirteenth—of “The Poet@ and Poetry of America,” by Pufas W. Griewold, will be published in ihe fail, with larc additionsand other improvements. This volume is now introduced into the school libraries of many of the States, aad itis largely used, notwithstanding its size end cost, a4 a reading book in wainy of the higher semi naries. Mrs. Townsend, of Philadelphia, has in press io this city, “The White Dove, and other Bullads, for Children,” the most charming collection of its kiud we have ever seen, MISCELLANTOUR. The “ Nocte2 Ambrosian,” which for so mamy years were the chiet attraction of Blachwood’s Magazine, were republished in Piiladelphia about a dozen yoors ago, io four yolumes, which have been Yor some time ont of print; and aincs the death of Professur Wilron, last spring, Dr. &. Shelton Mackenzie has been indastricasly occupied with w bew edition, to appear in five volumes, with me- moirs of the avtbors—Wilson, D:, Mazinn, Lock- hart and Hogg—cud copious notes. This work constitntes a brilliant rarnivg commentary on the political, literary and soci sife of Sreat Britaing and incidentally of other countries, from 1512 to 1535. Ibis as interesting to-day as when its chap> ters first appeared; and its masterly criticiam, trenchant wit, avd manly, dashing spirit, will pre- rorve it amoug the classics of the English lan- guage. From the same editor we are to-have the works of the late De. Magtnn, the “ Kiag of Magazinista,”” in five volumes, of which two--embracing the “O'Doherty Pap: are neirly seady for publi- cation. We learn that the Rev. Chprles Kingsley, author of “ Alton Locke,’ ‘“ Hypatia,” &¢., is soun te | vieit¢the United States, Me will preach the sermon Opal church inf He would have beet the “ liberal” philosa afew months ago; bat hig ich has just been re- » Vhilade hh opena Ch. iatioas last book, Parker, Pmers » Oo, heve bub teanalat obsolete German and ved him of the > 13 Dingiog ont @ ise vad highly accomplished wi language aud literatore im University, aud uuthor of the beat Geman aaa Bagiih dictionary ever publighed, hut edition ot I « Adie’ emple | been for some sune an inmate of the Asylam for the insane, whonce be has written 4 «mall pampblet, en- uted © Letters uf a Li or, & Chief Exposition of my University Life, dacing the years 1853-"64.”" M. Richard 2. Kimball's admirable philosophival romance of Saint Lager, ov the Thveads of Life,” hw. Leen republished by Teuchn iw, of Berlin, in hia ‘Library of Britieh Authors,” in which they aleo include, we Lelleve, the works of Cooper sud Irvings Tawebnitz gleo sanownces the syme writer's “ Ro- mance of Student Life Abroud.” Among the most pleasant books of she year oil le “ The Rhyme aut Reason of Couuiry Life,” uy Misa Cooper, wuthorese of “ Raval Hoers,”” ap danghter of the late J. Borin A Stxevian Casu—The Brattleboro’ Bugle hae ex accootnt of on interesting eriminad case, whiota lia» just been settled iv Jeane ecogaty, Ve Sevow or cight years since, & Wome uit) dank Parker was arrosted, tried and found gaily of the murder of her iofant. The proof of ber galt was conclasive, but upon her triel sme exception were reserved for coueiserntion of the Suprene Crurt,and she we wea Ned to jail to awatt thee action. Tn the Supreme Coert the case was com tinned from term to term for six or reven years, she in the meanwhile making the jul her head- jaortors, bot haviaga very wide range of jail- yard. The Sapreme Court at the last session re+ versed the former judgment, and she was agaia brought up for trisl. The same witnesses wer@ called at thie trial ae at the former, bat singular to relate, the facts had faded entirely from thete- memories, yen th. witness to whom her sion was made, waa unable to testify sho admitted her guilt. Of course, ‘a re: donht”? woe raised in the tuinds of the jary, and ag, * war Goguitted.