The New York Herald Newspaper, December 16, 1855, Page 2

2 AFFAIRS IN EUROPE. Our Paris Correspondence, Panis, Nov, 29, 1855. Jokes of the Paris Badauds at the Expense of His Majesty of Sardinia—Grand Ball Given by the Prefét of the Seine on the Occasion of His Arrival—Interesiing Incident at the Invalides Between the King and @ Sardinian Deser- ter— Curious Traits of the Royal Visiter—Discouragement Prevailing in Russia in Regard to the War——The Fire at the Government Stores Supposed to be the Work of Incen- diarics—Increase of Suicides in Paris, de., de. ‘The King of Sardinia still continues to be the lion king of Paris, The ladies, who will have their jokeg, call him the ‘‘red king,” while the wags dud him the ‘monarch ‘ef nincompoop.”” His Majesty went yesterday to receive ‘the hospitalities of Monsieur and Madame Hausmann, the Prefet and his lady, at the Hotel de Ville, who issued cards to some six or eight thousand guesta on the occa- sion, He entered these truly magnificent rooms, adorn- ed with all that art aided by matchless upholstery, gild- ing and exquisite flowers, could accomplish to add lustre to their natural beauty and proportions, at 10 o’clock, supporting the Princess Mathilde, and followed by the Emperor,with the Duchess of Hamilton leaning on his arm, The eompaby all rose; the band struck up the Sardinian national air; the lights, ‘he exquisite toilettes of the ladies, the costumes of the gentlemen, the drapery, the frescoed walls, the gurgling, splashing fantastic foun- tains, the richly clothed serving men, the court-like discipline and order which everywhere prevailed, the soft perfume of scents and odoriferous flowers, altogether presented a galaxy of luxury and fairy combination that could not fail to strike the most dull or palled sense. The King of Sardinia seemed, as he looked around him, to shake off, as by an effort, the air of ennui which moe peculiarly belongs to him, and to be visibly struck with the coup d’wil before him; he repeatedly made some observation to the Princess Mathilde, and often turned round to address the Emperor. The Empress was not there. Nothing can be more satisfactory than the manner in which her Majesty progresses in her fnieresting state; but she wisely ab stains from late hours and exposure to the chill air of No- vember nights. The King of Sardinia danced with the Princess Mathilde, the Emperor with the Duchess of Ham- Alton, The royal and imperia) party did not remain more than an hour and a half. Atter waking the detour of the gorgeous suite of rooms and partaking of some refresh- ments, his Majesty the King went up to some English la: dies, and entered into an appareatly animated conversa tion witls them. He had been in the morning to the In valides, and bad visited the tomb of Napoleon. While here & Sardinian soldier, who many years ago had de. serted the Sardinian service and entered the French, flung himeelf on bis knees before his native king, asking pardon for what he had done, and leave to return and breathe his Jast in his native country. The King de soribed ihe scene as it took place to those lndies—hi« astonishment on seeing approach him a man habited in the uniform of the Invalides, with one arm amputated, and his gait that of a confirmed cripple, and heariog his, sddress in the Sardinian tongue. His Majesty again and again expatiated upon this circumstance, the strange- ness of his native language issuing from the body of a man dressed like a Frenchman, and his being a French pensioner too, what pleasure he had in pardoning him also, and permitting him to return to Sardinia, what he would «ny when he got there, &e., &. On subsequently conversing with these ladies, it was evilent that the King’s capacity had not made a very favorable impres- mien upon them. -‘He is what we call,” said one of tnem, “a very good natured young man.”” If he is pleased, he ex- presses himselt like a child; if he is triste, he pouts Uke one; and if he is displeased he «its down ina corner. He may have taient, but, like a hamble Christian, since his his visit to the Tuileries, he has hidden it under a bushel. Perhaps the air of Windsor may give him more courage. ‘The Queen’s yacht, the Osborne, left Portsmouth te fetch him yesterday (Wednesday). The Monilcur, yesterday, contained a list approved of ‘vy the Emperor, of 285 persons to whom three gold and 262 silver medals were awarded in the course of the quar- ter ending the 30th of September last, for having distie- guished themselves by saving persons in danger from fire or from perishing from drowning, &. It is certainly not little curfous to observe the strange statu pupillari- like method of a despotic government—how the free in- born impulses of a man, are, so to speak, taken cut of his own keeping, and brought under the safeguard of a paternal rule, which anys, ‘I will permit no talking—no ebattering about affairs not immediately within the routine cf your daily toil; but you shall shut your eyes ‘and open your mouih, and take your chance of what iny rovicence will give you; and if On your shutting up your th-trap you find rien d manger, why then be content —abrtinence is for your good; but, en revanche, whenever ou pull a poor man out of the water, cut down a half ng tuleide, or enatch an old woman from the flames, you shall have medals of gold and silver, and your names shall be inscribed in the columns of the official Journal; and all France throughout, to length and breadth, shall read them and give you sublime glorification. Other more prosaic countries are contented to exhort the suc- cor of the distressed, works of charity and good will, through the medium of Gospel ordinance; but la belle France has a way of her own, and Frenchmen like it. To ‘8 plain man, however, it seems puzzling where thy medal nysiem is to end; at the pace at present everybody is distinguished—all men are wonders on some account or other; stars, crosses, badges, medals, ribbons beset one at every corner; and as the Duke of York once gaid of captains, one cannot spit out of the window ‘without one’s saliva falling on the head of some mdividu- al whom the State has celighted to honor. Where is it all toend? The best thing would be, secing that the men are #0 nearly used up, to begin with the women, who must ve already Jealous at seeing so much silk and ie ¥ eiry monopolized by the lords of the creation. Mr. Bar- num has immortalized a prize baby; why not a cross of the Legion of Honor for her who has borne the raoxt chil- @ren? In France people pride themselves upon the smali- ness of their families, but if the war should spread, she who breeds the Emperor most soldiers ought surely to be as worthy of record as he who kills the largest number of the enemy. But let us see what Russia is doing. A letter from St. Petersburg, of the 19tb, ssys:—There reigns at Court herea dead silence, and the Emperor is re- ported to be extremely discouraged. Itesnnst be explain. ed why, a few days ago, the Minister of War, Dalgorowkorf, summoned by telegrapb, left for Moscow, accompanied his Secretary and the Director of Roads, t+ Txchett ine. The reports wore that it was intended to fortify Moseow. That suffices to show how alarmed are the minds here. Never was peace more desired, or were i+ Beeessities more fully exposed to the eyes of the Cy than in his ate journey to the South. Whenever depu tations from the different provinces were allowed to ap- ch him, their lacguage was constantly pasitic, At Rioecow, the vebility, whilst. protesting their profond evotedness, have drawn up, with the commercial clasts, ‘a report which displays the possible ruin of Russian com- merce and industry. At Twer, a towa which promises to Fival Monsow as the centre of industry, an incident was communicated to his Majesty which must have caused him to reflect. One of the greatest cotton thread manu‘ne- tories of Twer, worked by Messrs. Kauline and Svla- guine, in 1853 employed 44,000 spindles and 1,400 w men. Since the war it has not worked above 11,0u) indies, and has produced, instead of 3°) pouls 14,200 ‘Ibe.) the twenty-four hours, only $5 pouds. Sous is & signal instance of the disastrous tniiuence of the war, as also of the efforts made by Russia to Deeome an industrial power. I will not speak to you of other manfactories of Twer, such as Mesers, Mayor & Go's, ‘Twer appeared destined to become the Lyons or Birmingham ‘AC Ruseia, Enormous establiciimen's had Deen erected there for raising silkworms, but to-day «tI are abut and industry has vanished. On Friday jast Prince Metternich celebrated the eighty. second anntverrary of his birthday, by a dinner to his onal friends, If evar a man had reason to acknow. ige the truth that human affnire repeat themselves— that they go round and round in a never ending circle thus attecting the original intention of » short and limit ed career for humanity—it is Metternich. It must re quire some philosophy to be convinced that he has not atterly lived in vain, so curiously have most of the things in which he played a chief part in tying up and entangling, after his Mettervichian fasbion, unraveled Themselves und beoome as they were, Hix facuities are still good, except that of hearing. ‘The Manutention Militaire, or provisional depot for the army of the East, is ati! heap of smoking, some- times flaming, ruins, #0 much #0 that the pumps are even now often obliged to be had recourse to. The circulation of carriages on the Quai de Billy haa been resumed. The work of removal continues, and the quantity of corn taken away is prodigious, although a #tlil larger quantity remains on the premises. The corn is taken to the wost- ern coast to the storebouses of the Gros-Caillon, on the Quai d'Orsay, and is separated into three categories—the first being composed of burnt er scorched wheat; the necond of mixed whent, eaay to be cleaved and sifted by hand, and the third of clean, good wheat, only slightly moked. This last has been offered for sale, but foun an yet, few purchasers. © The notion is still prevalent that this fire did not oesur by accident. A great many arrests have been a but with what result 1am unable to say, Mr. Perry, of Mont- real, has soit his engine to the tish government for, I believe, £140, and there seems to be no doubt that be- fore he returns to Canada, he will receive the decora- tion of the cross of the Legion of Honor for the services he personally rendered. He has already been honored with letters of thanks from the Min- ister of, War and the Impertal Commission. Whe- ther the Russians have had anything todo with this destraction or no, they certainly giv ones of not Deing asleep. An account has been reecivel of the Coa- sacks having pounced upon and carried off, vi et armis, three French officers who wandered too far from the tort st Kindurn, ap¢ the circumstance is just one of those whieh ularly displeases the authorities here, whore cus it is to make ~ thatthe Russians have now an ounce of dash in them. “oon is rapidly filling for the winter season. ‘The price of provisions and of apartments continues to augment, and is making itself fe in the number of domestic ser- vants who are now outof place. With sugar 10d. per nd, and all the neeessarios of life in accordance, it ts bie but that the «traitness which is to acutely felt by the middle classes must to the class be- Tow. Suicides, too, are more than usually rife. Not day happens but two or three are recorded, and of the moet te character. A cabman hung himself yos- terday, lea: ‘a few lines stating that he haa contem- plated’ the act for xixteon years, but that his children pee So rete, eee the matter till then, a man blows his brainsout while baying @ pair a |, while another orders his dianer, she By @ dose of prussrs acid. NEW YORK HERALD, SUNDAY, DECEMBER 16, 1855. Pans, Nov. 29, 1855. Departure of the King of Sardinia for England—The Fes- tivities Given at Paris in His Honor—Postponement of the Close of the Exhibition—Dinmer to Charles Fleischmann, Esq., Commissioner from New York and Indiana—Inter- esting Account of the Proceedings, dc., be. At the moment at which I write the King of Sardinia is leaving Paris for Calais, on his way to England, The houses along the Boulevards are gorgeously illuminated, fogs are flying from every window, ani the proprietor of every house, shop, and newspuper stall, by which his Majesty has to pass, is giving himself up to the most spontaneous exhibition of public enthusiasm—at the ex- pense and urgent request of the Prefect. ‘The Pretect has certainly a right to ask some sort of favor from the Parisians, from the fact of having ‘himself behaved throughout the recent festive period with » libe- rahty which has delighted the royal and ofher visiters, and thrown the residents into ecstacies. The ball given in honor of her Majesty, the concert “offered” tothe Com- missioners of the Fxhibition, and the fite which took place last night, on the oveasion ot the visit of the King ot Sardinia, have all been marked by the grestest splen- dor, ané—as is usual with the entertainments at the Hotel de Ville—by the most complete success. The ball of last night commenced at the early hour of half past eight—or rather the guests began to arrive abeut that time, The Emperor and the Kirg of Sardinia made their appearance shortly before ten, and left atabout balf past. The Royal and Imperial quadrille, of eourse, attracted acrowd, which none but the most experiences ‘“Sexjent de Ville” could have kept in check. The uric of the quaérilies in which royal personages take part generally becomes the most popular of the season, and accordingly, the quadritle from Verdi’s “Sicilian Ves- pers”? will be performed during the present winter, even more generally than would otherwise have been the case. The concert given last Sunday at the Palace of Indus- try was not a comparative, but a positive and even a su perlative failure. All the choral societies of France and Relgium were to have taken part in it, Some ot them, however, artived too late, and those who were in time wereyhevertheless, not in tane, The French have no sort of taste for classics! or religiousmusic, The “Stabat Mater” of Rossini bad only # partial success ia Paris, and it is certamly only in Paris that a compoger could baye been found sofficieatly unpoe ical, wot w say irre- verent, to make its lovely melodies the pretext fur a qua- dmile. The prayer from ‘‘Masaniello,” which was exe cuted at the concert of Sunday, one would have thought, would have teen understood, if but cone justiae to, by a body of French executants professing, as ail Frenchmen do, the gregtest adincation for Auber, thetr most nation- al composer. It was “interpreted,” however, (to use the received expression of musical crities)in @ manver which would bave ensured a miration ia the smallest Germin town, Some of the music of Gounod, (who conducted the choruses and the military bands by which they were ac- companied) met with a better tate, without, by any means, deserving it. The national hymn of Sardinia was, of course, performed, and ‘God Save the Queen,’ also niet with the (under the circumstances) doubtful com: pliment. ‘The French have succeeded in proving, by this sad exhibition of their Provincial musical riches. that they are ro more a musical nation now than they were in the time of Roussean, who wed to take the liberty of telling them so. Without for a moment compar. ing the concert of the Palais de l’Industrie with the musical festivals of the great towns in England, let ny Farisian reflect on the immense superiority of the Cologne Choral Society, which met with so much success herve a few weeks since, over all of the choral societion of France, and he murt at once acmit that in music Franco is certainly not one of the “first powers.” The Moniteur of this morniog contains the decree for eloring the Exhibition on the 30th of November, Thanks to the visit of the King of Sardinia, the date of the dis- persion of the marvels of art and industry which for five months past bave delighted and astonished hundreds of thousands of spectators from every part of the world, had been postponed; and during the last fortnight of the present montb the monster concerts of which I have al- ready epoken, have added their attractions to the Palace of Industry. . ‘This portponement of the close of the Exhibition has detuined at Paris a large number of the foreign commis- sioners and exhibitors, and afforded them opportunities of ‘more last words” of mutual congratulation. One of these opportunities was most happily improved by the dinner which was given last Monday at the Grand Hotel du Louvre, by the commissioners and exhibitors of the United Siates to Charles L. Fleischmann, Keq., ex-Con‘ul of the United States at Stuttgart, Commissioner from New York and Indiana, and Member of the Inter- national Jury. This tribute of recognition of the emi- nent services rendered by Mr. Fleischmann to the citi- zens of his adopted country who bad participated in the Universal Exhibition had been richly won and was cheer- fully and liberally paid. Among the numerous guests at dinner were several of the most distinguished members of the Imperial Commission, and several of the American exhibitors, who had reflected credit on their native coun- try by the high honors which they had earned at the re- cent Olympic festival ef art and industry. M. Michel Chevalier, Counsellor of State ani Vice President of the Jury; General Poincelet; Professor Alcan, of the Conser- vatoire des Arts et Meliers; Baron Brisse, Count d’Enzen- berg, M. Almné, Prof. Rivot of the School of Mines, Gen. de Faulrey, mescber ot the Institute, and other notable foreigners. were present, and among the Americans I re marked Mre Charles Goodyear, who received the grand gold medal of honor; Mr. J. A. Pitts, who received the ‘old medal of honor; Major Wheelock, of Boston; Judge il vi , &c. Mr. W. J. Valentine, President of the Central Committee of American Commissioners, pre- sided at the dinner. After the regular teasts in hovor of the Fioperor of the French, the i’resident of the United States, and Prince Napoleon, President of the Imperial Commission, Mr, Valentine prefaced a toast to Mr. Fleisch- mann, by a brief but complete recital of the claims of the latter to the thanks of his fellow countrymen, not only for the distinguished part which he has taken in the recent ex- Inbition, but alse for the useful services which he has rendered. by his connection with the Patent Office ia Washington, by hix works on agriculture, and espectaily tt those works of his which have become text books for urands and thousands of emigrants to the United States. M. Michel Chevalier, Prof. Alcan and Baron Brise, each coupled their compliments to the honored guest of the evening with enthusiastic praises of his adopted country —‘The lana of Washington and of Franklin.”’ The re- marks of M. Michel Chevalier derived additional weight from his position as a member of the imperial governwent, inasmuch as they were indicative of the friendly disposi- tion which it is at present inclined to evince towaras the United States, notwithstanding the warlike tone #f the London Times, and cther organs, direct and indirect, of its English in a Prof. Alcan paid an eloquent tribute to American agriculture, and especially to its most remark- able experiment at the Universal exhibition, MeCormick’s reaping machine, so ricbly entitled to the grand gold medal of honor which it received, In reply to a toast offered to him aa President of the Central Committee of the American Commissioners, Mr. Valentine gave a modest review of the labors of the com: mittee, with handsome allusions to his predecessors, Mr. Swain, ot Philadelphia, and Mr. Field, of New York, with- out forgetting Col. Coxe, of Alabama, member of the In- ternational Jury. Judge Willard, of New York, was one of the speakers on this cecation, which will be memorable among the many banquets of the Universal Exhibition xs by no means the least spleniid. The dinver itself was sumptu our and elegant enough to inaugurate worthily the suc- cess which the Mammoth Hotel du Louvre is bound to enjoy. FIGARO. Our Marscilies Correspond ence. MARSRILLES, Nov. 28, 1955. Louis Napoleon's Peace Speech—Comments of the French Preas—Pacific Aspect of Affairs—Criti- cal Position of England—France, the Only Real Gainer by the War, will be the Only Real Gainer by Peaee—The Sound Dues, §c., §c. The Emperor Napoleon has spoken words of peace in his closing speech at the Industrial Exhibi- tion; but the press of France has not responded to the Emperor. The words of the speech were so nicely put, the sense so entirely peaceable or war- like, a8 the Emperor of Russia and the German Powers may chooee to interpret it, that the press the more respectable part of which is under the Emperor's own control, was afraid to spoil the mat- ter by commenting on it. Only one remark es- caped the Constitutionnel, (which is no longer the Constitutionnel,) to wit: that England con- tribntes less to the expenses of the war in blood and treasure than France, while she had compara- tively much more at stake—her empire in India depending on the issue of the war. After that im- promptu, the Conatitutionnel has again closed its lips, leaving Rassia and the German Powers to draw their own inferences. I still persist in my prognostics of peace, notwith. standing the fury of the English press and the mu- nicipal authorities of the city of London. England cannot prolong the war a day longer than Louis Napoleon chooses to carry it ou. The Emperor of the French, not Lord Palmerston, is the arbiter of the fate of Europe. If peace should be concluded now, England would, indeed, find herself in an awk- ward position. She cannot fora long while, and until some historical event of an important nature, hope to regain the frindship and respect of Russia— she has gone too far to reconcile the court of Prus- sia—she has almost been on the point of declaring war with Austria, and she has exposed her weakness and military inefficiency to France. Whichever way she looks, she hag rivals and secret enemies, and what is worse, she can no longer boast of the loyalty of her subjects to her feudal institutions. If peace is concluded now, prudence will require that Eng- land should remain armed—that she should increase her regular army; and, in short, be prepared for any eventuality with which she is threatened. Peace will be almost as expensive to her as war, without increasing the expenses of her enemies, who will sooner recuperate and be prepared for a fresh struggle than a government of question- able stability within and doubtful relations abroad. Viewed in this light, the war must be popalar in England with the conservative classes, and peace must be dreaded as something dangerous and revo- lutionary. England wants a fival peace, not a tem- porary one, and am afraid such a peace is not in store for her. Neither the present war, nor the peace which will succeed it, can settle the fate of Turkey; and until that is done, the Oriental ques- tion remains an open one. Exgland, therefore, would like to strike a more decisive blow against Russia; she is not content with having destroyed the Rus- sian fleet in the Pontus, she alao wants to destroy the means Rassia has of building a new one. Till Nicolaieff has fallen there is no peace for England; after that she will be as ready to accept terms a8 know France now is. France, on the contrary, has an interest to make ace now, because peace made now would estab- ih her supremacy in Bu: » With Russia par- tially defeated, Austria and divided, and England with nothing but raw recruits and inex- Re enced troops for an army, who could doubt but that France would dictate law, and be as powerful in diplomacy as she has been in the war? If peace be made in Europe, France and Rosia will be friends, Austria and France will be friends, and the rest of the German States cured of their anti- Franco mapia. With Switzerland and Sardinia for an ally, theZmperor Napoleon ay then regulate the Central Europe, or of Spain and Portu- gal. Peytt ere French influence would succeed ol You Pan Cadipe. , upon it, that serious steps have been taken, and are still being taken, to procure an armistice, which, moreover, has already taken place from the impossibility of lengths on the war during the winter season; and that such an armistice would soon be followed by preliminaries o/ peace, is a matter which scarcely requires to be mentioned. ‘The ablest diplomats of Eurépe are now at work to cause a gradual approach between Russia and France, with the double view of either making a final peace or ia beey S the allies 50 as to compel it between England and Russia. The King of Prussia (Baron Manteuffel respectively) is most actively engaged in this important business, which is the only one for the last three years in which the overnment of Francis Joseph of Austria seconds e eflorts of Prussia. Some of the German papery, (amongst them the Augsburg Journal and the Leipsic Universal Gazette,) have already heralded certain conversations which were said to have taken place between Mons. de Bourquenay, the French Minister at Vienna, and Count Gortschakoff, Russian Minister to Austria; but it is scarcely possible that either French or Russian diplomacy should have beva caught in such a barbarous blunder. Such ap- proaches can only be applanies by third parties, not accredited by either court, anc wha, in case of failure, may be disavowed by either party as officious med- dlers. Prussia is the only Power which can take open steps in the premises, thongh even these must be taken with a great deal of caution, and in a manner not to excite suspicion. Baron Manteuffe! is now at work on this business, and I have reasons which, if I would put them dowa on paper, would satisfy you and your readers to believe that his labors are not disapproved of either in Paris or St. Petersburg. As matters now stand, the probability is in favor of peace. Ishall have the means of in forming you when that probability vanishes. Canroliert’s nfission to Sweden has succeeded, but Tam much mistaken if by success is meant any- thing else than a further approach to peace through the medium of that second rate Power. The King of Sweden, placed by the war ina very awkwar position between his people and his powerful ‘ussian neighbor, acts as sn ve pereenlty: maker. His father owed his crown to Napoleon Bonaparte, and its preservation to the Emperor Alexander, un- cle of the prevent Czar. Being thus indebted to the two uncles, it is but proper that King Oscar should show some gratitude to the two nephews. The present condition of Europe furnishes an ex- cellent opportunity to Governor Marcy, aided by Attorney General Cushing, to thunder in the index. “Now or never” were the words inscribed on the colors of the Duke of Lorraine when he was trying to regain his territory from Louis XIV.; but he failed in the effort. Not so with Governor Marcy. He will succeed, and succeed triumphantly, not in provoking a war with England, but in concluding pce in Europe. He will thus bea benefactor to umanity, and @ mediator, without being especially invited or accepted by either party. The position assumed by Governor Marcy has nowhere found a readier response than in Berlin, where Baron Von Manteuffel has taken advantage of it to overcome a certain reluctance on the part of Lord Palmerston. On the other hand, afraid of the peaceable inten- tion of Mr. Pierce, the Prussian diplomat gives Russia to understand that she had better improve her present opportunity before the next change in the views and purposes of the administration at Washington may again leave the political horizon cloudless. What Baron Mantenffel and Baron de Bach in Vienna expect isa warlike m e from the American President. Such a document would be an excellent foundation for alee te negotia- tions, and immeasurably help to bring them to asuc- cessful issue, ‘The negotiations at Coveakaies in regard to the Sound dues promise to result in a manner approv- ing the views of the American Secretary of State. The history of these dues, from the treaty of Spires in 1544 to the present moment, shows that the right to impore there dues has always been disputed, and that it was on other considerations than those found- ed on public law, that the different naval Powers of aa have more or less graciously submitted to it. the European States submit to a reduction of these dues, (which I doubt,) or toa certain quit claim in money, (which is most probable,) the United States will still be at liberty to actas she pleases; but it will be considered an act of national iscourtesy on the part of our government, if we re- fuse to follow the example of other States. In no case will Denmark be able to enforce any claim aguinst the United States, nor will any Power assist her in her extremity. Denmark onght to have set- tled this business long ago, the United States hav- ing given her more than thirty years’ time to reflect upon it. Itisin vain for her now to cry for help. She can only obtain that help by another far greater sacrifice—perhaps her national independence. 5. Ge Singular Case of the Poisoning of an Amer': can Whaleship’s Crew at Juan Fornande We read in the Précurseur W’ Anvers, (Belgium, 24, o care of polsoning, which wai attended with the most fatal results to a large number of persons. The story, however, does not — altogether probable, .«, in many important particulars, it wants confirmation It appears that a whaleship, whose name is not stated sailed in March, 1864, from Boston for the Pacific, and till they reached Juan Fernandes the weather was \sry favorable. They stopped at this island to take in a sup- ply of water, and during their stay the sailors were em ployed jin Bshing, so as to provite the vessel with fresh . In this they were successful, having caught 450 unds of ali kinds. A large portion of these were cooked for the crew's supper, of which nearly all on board par- tock. A few hours alter 42 out of 67 were seized with dizziness in the head, pains in the stomach, attended with vomiting and other symptoms of poisoning. After eleven hours of terrible agony % died, notwithstanding all the care and skill displayed by the ‘ship’s physician. The recovery of eight ottiers wis very slow, and took from five to eight days, during which they suffered much from burning in the limbs and partial paralysis. Out of fifteen who were not prevented from dotng thetr work four esenped with an attack of the colic and cramoe in the stomach, followed by dysentery, which lasted two or three days. The Next Year's Allied Cam} \e [From the Augsburg Gamtte, Nov. 20. A rumor has oozed out at Constantinople, in the Galate suburb, where most of the emigrants revide, that the English, Freneh and Turkish military authorities now at the Tehernaya have drawn up and settled their plan of campaign for the year 1856, All the cavalry of the al- lies, two Anglo-French army corps, the Turkish Ordu (n Siliatra, and the reserve at Shumla, mustering 60,000 strong, are to advance on the Prath in the mon‘h of March or April next, and trans‘er the seat ot war to Bes- sarabia. In the Crimea the allies mean to act strictly on q jefensive, and {t will only be at Eapatoria ist a force will be kept in reaciness to act in case of need. This plan is decidedly no Utopian dream of the emigrants, since the Pontic generals cannot possibly think of again limiting the contest to the Urimea for the year 1856. On the contrary, they must be devising how to com nence ‘heir operations, #0 a8 to eeupy with the least lors ot time the most important line of ‘attack anddefeuce pos- sessed by the Russians, the right bank of the Pruth Whether the Rassians will be abiein the course of this winter to bring up fresh forces to Kisheneff, remains to be seen. Inthe winter ending 188 and ushering in 1853, they most certainly did bring up troops while the ground was covered with ice and snow, The Archbishop te eeremn and the Rusatan a Archbishop Innocent, of Odessa, whose address to the Crar we Jately paciates, hax just harangued the militia ‘ot Moscow, on their arrival at Odewa. The following are the principal parsages :— Behold yourselves upon the shere of the Black Sea, in face of the enemy. After invoking the protection ot Ged it remains to prove by deeds that which up till now has been in your heart and upon your lps. Your valor will be worthy of yout words, and you will do ten times more You promised to do to those who sent you hither. To wish to excite your valor be to forget that since your infancy your 6, Torontino, and rosiavetz. Oh! such wen will never flinch before an enemy, whoever he may be. ‘To recall to you the abnegation of the warrio be to suppose you to think no more of the holy Moecow, wl your fathers with their own handa sert- ficed to the country. Oh! such mm will prefer to die rather than yield victory to the enemy. It is at Kremlin that the heart of the country beats; but have you remembered that in approaching ua and at the same time the frontiers of Russi, you draw near to the cradle of orthodox faith? For it is ur, my dear children, in our sacred Chersonese, that he Grand Duke Viedimir embraced te Christian faich, and received the water of baptism; and in h's person all Rus- tia also behold what you fight for, Tass bevween us the indiasoluble alliance of fraternity in tue cross and in arms for the defence of the country. Chinese Laborers in Cuba—Tne Free-Siave Contracts. (Correspondence of the London Times.] ‘The enclosed document is # translation of the terms on which tree laborers are now being introduced into Cuba. It has been received from an English naval offteer, cruis- ing for tlavers off that island, and was despatched just afler pe hae boarded what a — lish get charters Spaniard, and having a cargo of Chinese on rd, imported into Cuba as free laborers, Its contents show how, under the delusion of froedem, these wretches are sold into nearly as diré a state of sin- very a8 that which} has bi existed ip that island, L have the honor to be, sir, yours obediently, E. GOLLAND. Dumbleton Hall, near Evesham, Nov. 27. 1 —, native of the city of Fokin, in aged 29, roy that I have agreed with the nt of Don (guacio di Castro to what 14 expressed in the following clauses:— 1, I am bound to embark for Havana, in the island of Cuba, at any moment, in the vessel appointed by the said nee 2. Tam equally bound and subject for the term of eight years to work in the said island of Uuba, under the orders of Don Menuel B. Panda, or the person to whom is trans- ferred this contract, in sll customary work, whether in the country or town, in particular houses (casa particu- lare), (private) establishinents of industry or art, sugar estates, coffee plantations, cattle pens, farms, &c., in any oehe ae clot years f tract, specified in the f 3. The eight years of my cont in the fore. going clause, shail eommence serio after my arrival at Bavana that is to say, if fom in good health, and k at the timeof my disembarkation; otherwise alter my dlacharge from the hospital. . Fhe working hours will depend on the description of work in which { am employed and according to the at: tention required, which hours shall be at the pleasure of the landlord under whose orders I am; providing always that I have cach day my consecutive hours of rest, and o stated time besides for meals, after the reguiation io force among tbe hired servants in that country. 5. In addition to the hours of rest on wiring days, on holidays T shail not be required to work more than is necessary, subject to the will of those who employ me. 6. I subject myself equally to the orders and discipline whieh may be observed in the estabhshment, estate, pii yate house, workshop, Xe,, where I am sent, and sudmit myeelf to the system ot correction pursued ia like cases for inattention, neglect, disobedience of orders to the master or his subordivates (representatives), or any of those offences, the gravity of which fs not such as to re: quire the wtervention of the laws. 7. On no aecount or pretext whatsoever shail I be able during the eight years of this contract to refuse my ser- vices to the master who takes mo, nor escape from his authority, or attempt to do x0 undv: color of any indem- nity; and, more fully tomake known my willingness to abide by this contract, 1 hereby renounce the right o cutting off the engagement, according to the ordinanc: promulgated to the colonists in articles 27—28, in the “ Orders for Colonization,”’ by 5. M. La R. Dna, Isabel IL, 224 March, 1864, os well as any right that may be given me by any future law on this subject, 8. In care of sickness, I stipulate and agree that if i exceed fifteen days my salary shall be suspended, and enull not be renewed until Tam recovered, or at least, until my health permits me to occupy myself afresh io the service of my master, notwithstanding the tenor of articles 43, 44, 45 of the ordinance betore etted, of whieh alrol renounce the right that belongs to me, solely ty avoid the long and costly proce@iings necessary to arrive at the ends of justice. The egent of Don I. di Castro obliges himself on bi part towards me:— 1. From the day on whieh my eight years commence commences glxo my ralary of $4 per month, whicn salary the said agent guarantees and secures to me for acl month of the tight years of my contract. 2. Fach day 1am to be supplied with eight ounces of met ‘@ halt pounds of “bomatos,”’ or othe: wholesome esculent. 3. During sickness, 1am to be provided with medics ice, and such assistance as my wana require. 4. Also, 1 am to be supplied with two changes o* clothes, a woollen shirt, and a blanket, yearly. 5. The expense of my passage and maintenance on board will be at the cost of the said agent. 6. The agent will advance me 934 hard dollars in gold or silver, for my comforts on the voyage I am about to un- dertake. 7. Besides, he will supply me, with two changos clotbing, at the cost of $2, which, with the $944 abow mentioned, amounting to $1134, shall be paid to the o of Don Manuel B. Pauda, by a dollar mon:hly, to be off from my salary by the person to whom this contrac! is transferred, with the understanding that I am no: lable for any other expenses whatever, I declare that I have received in cash and clothes th- pum of $113¢, to be repaid in the manner above men joned. And J declare that I agree to the stipulated salary, al thovgh Iam aware that free laborers aud slaves ia'the island of Cuba gain more; but this difference I judge to ve made up by the other advantages which my maste: has granted me, and which appear in this contract. Tn faith that we fulfil mutually and in truth what i agreed on in this document, we sign two of one tenor, doth contracting in Sunten. Feb. 27, 1855, Paris Fashions for December. Furs naturally come in with every winter season, bu? this year they appear in special favor, Perhaps’ this arises from the fact of their being, in consequence of the Russian war, dearer than in precediag years, and conse quently the more songht after by the Ingh notabilides of tushion, First, ermine, which had gone out, has reap penied: this is attributed to the Empress having recently made choice of some dresses of this costly material. A clear fair ecmplexion, with light hair, is cesirable for thr wearer of this fur; very few dark ones can support it dull whie. The zibeline and the vigon are the only far that con be compared with ermine, and only for walking for the latter is still the only fur that can cross th: threshold of a ballroom. For walking, a fur dress i- composed—I, of a trimming of the veivet mantle, which: it goes round entirely; 2, of the muff, which is lived wit), silk of a color similar to the fur, without any kind of lace work tassels; 8, of little écharpe palatine, which orna- ments the neck, and falls over the breast in two square ends without those two tails which are sometimes wro ly added; 4, » pair of cuffs which screen the wrist and the trent of the arms. We can as yet only give very imperfect notions of the costumes that will be adopted for bail dresses. Feathers of all hinds are being Prepared for trimmings for robs ‘Trey are placed & plat. Others, for the dreases of young girls, ure mace ot swan’s down. Bonnets are trimmed weet the edge a plat; and, at the same time, with tut placed close to the top. Next come a host of charming patrerns for bell headdresse:—Marabouts, Plumes d’Au- trice, Folettes, Esprits, Oiseaux, and Aigrettes, of varied tints, which will, perhaps, throw into the shade artificial flowers of the usual materials; for, at the late Exhibition. we admired flowers made of feathers of natural colors, which sre mueh softer and more 1 for the com Lae than factitious shades, however successful they may be. Honndts are atill worn as small as ever, and have bavo- lets as large. They are worn of velvet for walking dresse. with plumes, flowers, or velvet. For the theatre or visite, bonneta are mace of white gauze, embroidered either with petit pois or pretty running patterns; or, agaia, with squares of very narrow white velvet, or silk che nille, forming a network upon the soft ground. The frent is then oruemented with white bionde and tulle mingled with a few flowers, white or rei, and also with some binck velvet, whieh, by the way, forma part of al most all winter ornaments, and this ia worn without be ing in mourning. The sleeves have varied very little; only, for the winter, thoxe intended for walking ure close, with several rows of flounces trimmed with rich embr: i dery and Alengon lace. Bornet of maroon velvet, with crown of white tulle, ornamented with maroon velvet, with bows on each +i and a tuft of feather. Mantle, arranged with black s |- yet and fitting into the waist with corsage ornamen forming a pelerine, black satin ribbons placed at the top of around scolloped lace, and which support a silk fringe. The sleeves, as well as the bottom of oe manativ, which is quite closed in front, are ornamented to cor respond. /'lain robe or skirt of satin /urc with wide black satin stripes. The bottom is-blue or maroon, with ot»er satin stripes, forming squares. Boy.—Black velvet cap, with a bow of Scotch rib): a laced at the side, just where the shade termina’ « fantle of dark green velvet, trimmed with silk galon. .f the ame shade, or black—Sootch plaid. Gmt.—Bonnet with velvet ornaments. Robe of plain blue poplin, trimmed with a wide piece of black velvet forming above an undulated trimming upon the akirt. ‘The corsage closes straight in front, with malachite bat- tons. On each side, forming braces, is a similar velvet ornament, beginning atthe point of the corsage and joining the belt behing. Pelerine of poplin, similar, and ‘ornamented the same, Little trousers, with embroidery ¢ UAnglaiee; and long gray cloth gaiters, or black ones, to the kness. Common Pleas. Before Hon. Judge Daly. Dee 11,—Tucker against Mason —Action of trespass Plaintiff in February, 1853, leared to defendant the first floor of building 1: to be used fice, for fi with a privil — fs ence office, ive years a lege in tl 4 fi the latter art of ‘the ease is the following clause :— “And the said Elfhu L, Tucker is to build upon the rear of the said lot, and to make any alteration on the said jises, from time to time, as he may deem proper.” Fhe plaintiff in June, 1668, built om the rear and. made the rear wail the party, wail between the two buildings. In that wall there bad been a door and window, which ‘up plaintif then closed. | The defendant broke ‘ther down dh two ocearions, and these acts form the trespass complained of. Ons motion to dismiss the complaint, Ail the questions of law in the ane aroee. The Judge ruled that the plaietiff had right to build upon the rear of the lot, and hence followed a right to clone the door and,window, and that the occurred ander the clause of reservation above quoted, and that the tearing down of the door and window warns trespass. Mr. R. D. Holmes, the plaintiff's counsel, asked for mere nominal damages, inasmuch as that verdict established the plaintiff's ita, and mulcted the defendant for all the costs, Verdict for plaintiff, six eents damages and coxts Marine Court. Before Hon. Judge McCarthy and a Jury. ACTION AGAINST A CITY RAILROAD COMPANY, Duc. 14.—Hardy vs. the Second Avenue Railroad Cy, This action was brought to recover di from defen dants for injuries sustained by plaintiff in the fall of 1868, The cause was tried once before, when the plain. tiff wan nonsuited. It appeared from the testimony thet the plaintiff was a driver of one of the Dry Dock stares, (Curtis & Co.'s); and about twilight one day he was —_ awa ae ato} e Gut, and while 50 rar denly turned into Gi street, stage with such force as to throw tiff off th 4, and from the effects of the fall fined to ye pg FO conflicting as to who was guilt; Court iereit to as Py eA the ju nem hat if he pla was guilty of any n his pert, or if he in any muantr onseietia to tl = , he cannot recover. The jury gave $350 fer plain- tiff, : Superior Court—Special Term, Before Hon. Judge Hoffman. IMPORTANT DECISION IN PARTITION SUIT UNDER THE CODE. Dro. 10.—Anne Jennings agairst Mary Anne Jennings and Others.—Mr. Rodman for plaintiff. Mr. Powers for infant defendants, Mr. Lawton for Flammer, the pur- ehaser.—This ease involves several ques ‘ions as to the mode of proceeding im partition suit under the Code, and is of mueh practical importance to the profession. John G, Flammer became the purchaser of the premises in question ata sale made under a judgment in parti- tion, and objects to taking the property, on account of various defects in the title proffered to be made: 1. The objection that the ‘ty was sold by a saiisu Seerined thas sores four ox Avene clliasbont about six inches of depth more than it proved to be, is well taken, but it is capable of being removed by a re- duction of price, That is not a sufficient ground to ex- empt the purchaser from performing bis contract, 2, Ax the materials for making up a perfect judgment and judgment roll are admitted to exist, the power of the Court to rectify errors or omissions and to perfost it now, is not contested, and this difficulty can be obviated, 8. The next objection, which relaces to Elizabeth Jen- pings, probably does not exist in point of fact. The re- port finds that she is of full age, and, of course, eapable of releasing her share. The purchaser may have further evidence adduced of the fact, if he desire it. 4, The other objection, which concerns the situation of the infant defendants, is of @ serious nature. It is in- sisted that the proceedings as to them are void; that they cannot be bound by the judgment, and thac the Court cannot redress the irregularity. The ~stion is for the partition of the property of the ate Joseph Jennings among his heirs at law, and was ommenced in February, 1853, by sammons and com- Jaint under the Code. On the 13th of Msy, 1853, an «sder was made appointing George W. Cook, guardian ad Utem, for the four infant defendants, who are each enti- tied to one-sixth part of the premises. This order was general, reciting the petition of the mother, and appoint- ing him the guardian of such infants, viz.: Jocephine, Frances Maria, Emma Fayette ani Josepbus Jennings, in the defence of such suit, according to the statute in such case provided. It contained no direction as to the giving or filing of a bond. Atter a report of a referee an to the title and other par- ticulars, a Tudgnent in partition was made on the 19th day of December, 1864, Under this a xale took piace on the 16th of March, 1855, at which Flammer became ths purchaser, ‘he referee made his report of the sale, which was confirmed by an order of Court dated the 244 of April, 1856. On the 4th of May, 1855, an application was made ‘o the Court for an order to allow a bond of the guardian to be filed, on an affidavit of it having been neglected, from the sarposision that it was unnecessary. An order was made, dated the same day, giving leave to he guardian to file his bond, as required by the statute, in cases of partition—that it be approved and filed with the clerk, nunc pro tune, as ot the time of making the appointment, viz., the 14:h of May, 1853; that, when so ded, the ap- pointment of such guardian be of the like validity and effect ax if the same had been filed at the time of making such appomtment Accordingly, a bon in proper form was executed, and approved and fled on the raid 4th of May, 1853, ’It is contended that this order was ineffectual and void. The case is first considered as if the provisions of the Revised Statutes, as to those bonds, exclusively governed the question, ‘he 448th section of the Code makes those provisions applieab.e to acting under the Code, 89 far as they relate to the substance and subject matter, without regurd to the form of the action. The section is herein- after quoted and observed upon:— The provisions ot the Revised Statutes referred to are contained in the 2d, 3d and 4th rections of the title “OF the Fartivien of Lan‘s.}? They provide for the a ppoifttment of guardians for infants, the manner of the application, perloa of notice, and other particulars; and the third sec- ion declares that ‘the guardian #0 ppotntel and who sball give bond, as hereafter directed, shall represent the minors in the proceedings, and their acts shall be binding ‘on uch mino By the 4th section, ‘every guardian so appointed shall, before entering upof the duties of his station, execute a bond, in such penalty as the court shall diréct, eondi- tioned for the faithful discharge of his trust; and before any rule to plead, or any other subseqzent rule or order sball be made, the court shall be satisfied that such bond has been executed and filed in the office of its clerk.” nei ke, v4 cannot te more explicit to show that the guardian had no power to represent or bind the intant until be had given the bond required, Itis difficult to avoid the conclusion tha’ the judgment was inoperative, as if the infants had not been made parties at all. The decision of Chancellor Walworth as to an appeal bond to tbe Court of Appeals, being incapable of amendment or of being replaced by a valid bond, may be referred to as proving that no such correction can be made in this case. (Rogers vs. Patterson, 4 Paige, 453. See Eldridge ‘vs. Howell, did 469, and McLean vs. Charnier, 5 Paige, 636.) £0 in Barclay vs. Brown, 4 Paige, 246, it was held that no relief could be given where the party had omitted i apresl from a final decree within the time prescribed y statute. ‘The provisions of the Revised Statutes (2 R. S., 556, rec. 33,) will not aid the case, They apply to va- statute, or tying ia form only from those prescribed by tu bonds defective in some particulars, and which may be amended on the application of all the obligecs Nor ¢o 1 thiok that there ds any authority typam the sub ject of orders being entered, or proceedings had menc pro tunc, which in tke view of the case now taken would sanction the direction to file # bond in this case. Such orders, I belfeve, have only been made where the act had been substantially done at the time, and proven in some mode, although informal and de‘ective, ‘Thus a decree or order resting on'y on minutes has been ordered to be en: tered as of the proper day. A lost decree will be ordered fo be entered {rom minutes or copy. An enrolment betog burned, a new one was directed from a writ of exe cution. (Scaith vs. Cotton, Seton on Decrees, 303; Hand’s Practice 489; Anon 3 Ath., 521; Lawrence va. Richmond. LJac. and Walk., 241; Sisson vs. Brewer, 1 Dick., 370; Goddard, ye Earl’ of Suifolk, bid; Barclay vs. Brown, 7 0, ¢ bond is also objectionable from not being executed by the guar(ian himself, It is given by two persons for him. The fourth section of the statute clearly requires an execution by the guardian. Perhaps this detect could be remedied under the sections before referred to. (2R. 8., 56, ‘sees, 33 and 34 Hy cinelusion, therefore, is tuat if the case rests upon the provisions uf the Revised Statutes, the objection bx a tal one. It is then insisted that the question ix to be gov- erned by the Code, and that the 116th section regulates the appcintment of » guarcian ad litum in partition cases also, and that no bend is requisite. The 420th rection and the S4th rule of the Supreme Court are all the provi- sions which govern the subject. A bond or security is only required before the guardian is authorized to receive any money or property of the infant. 448th section of the Code must determine this question. It will be observed that there was no such rovision in the Code of 1848. It was inserted the amendments of 1849. It had been de- cided before this @mendment that — proceedings for petiiion could be taken by summons and com- plaint under the Code. One of the Judges thought it was the only mode of proceeding. (Watson, ws. Brigham, Howard, 200. Backus vs. Stilwell, fbid, 290.) In othe cases it was held that the yy petition under the statu'es, was not abdiished, (Hraver vs. ‘Traver, 3 Howard, 861; Myers vs, Roebuck, 4 Howard, 83; Row ‘vs. Roe, ibid, 133.) And the weight of authority was clearly that eisher mode of proceeding might be adopted. ‘The amendments of 1849, relating to this matter, were these: The original 800th section of 1848 declared’ that until the Legislature should otherwise provide, the act should not affect any proceedings provided for by the 2d, Sd, 4th, 6th, 6th and Sth titles ol aaiar 5 of the third yart of the Revived Statutes, except, &c. Now, the third title related to sults in partition. amendment of 1849 (rection 471) omitted the 24, 2d, 4th and 5th, and only Fetained the 6th and 8th ‘titles in this provision. The 448th section was passed ae it now exista, as well as the 449th, 451et and 456th sections, which may bear some- what on ‘he prevent case. ‘The 448th section is as follows:—‘The provisions of the Revised Statutes relating to the partition of lands held or possessed by joint tenants or tenants in common, shell apply to netions for such partition brought under this Act, Wo far as the same can be 40 applied to the substance and sutject matter of the action, without regard to ite ag: The phrase ‘without regard to its form,’ applies of course to the form of the action; and one inte: tion of the rection then oecar#, viz.: that the provisions of the Revised Statutes which do not relate to the form of the action, shall rn the proceedings in partition. Could we then point out with precision what parts of the Code relate to the torm of the action, we should have a rafeguard in the practice. The Code uses the beg in title one of two, which is entitled ‘‘Of the ‘orm of Civil Actions.’’ The sixty-ninth section abolishes the distinction between actions at law and suits in equi- %; and the forme of all such actions and suite, and de- clares there shall be in this State but one form of action for the protection and enforcement of private rights and the redress of private wrongs, which shail be denominated # civil aetion. ‘The forms which are abolished are the various classes of actions enumerated or referred to in the ordinary books of practice or pleading. For example, the secoud chapter of Chitty’s Pleadings is headed “Of the Forms of Actions,"’ and contains them. The proper form of the action, whether fag aN assumpsit, or any other, was to be concisely stated in the writ, and fully in the decla- ration. (1 Chitty, Pie In a strict point of view, then, the form of the action is the moce of instituting and exhibiting its nature, which, under Sat Ss geen) Cs Cee by the cause action; but rase is limited {ohn we should be led into fexirieable confusion ta determining when the Statute and when the Code is to prevail. A more ex! meaning is, that the Code is to regulate the course of proceedings in this action gene- vally, as wellas inany other. But that those provisions of the Statutes which are peculiar to the action of parti- tion, and aa to which there is no corresponding provision in the Code must prevail; and again, provisions of the ¢ which are in addition to and consistent with any if the Code upon « particular subject matter, 103 recognires actions for partiti the Sectior re es actions tition amor actions which may be had under the Code; and seston 120 provides that in case of a defendant in partition or foreclosure of a inst whom no personal claim is made, a notice may delivered with the eum- ‘mons to that effect, and no copy of the complaint need be served. This sanctions the modes of service of the sum- mons. ‘The case of Varian vs. Btophens (2 Dusr, 686) not only reengnizes the ~ of | Bia ice of the «ummons upon a minor personally, if over fourteen Hat also that the 120th section applied voluntary appearance of @ minor over fourteen was uivalent to, personal ‘The infants there sp- plied ‘themselves for ian ad litem, who was ap. palnted, and it was held that this was icient, without rect of tne service of the summons upon cares, that so far as the whole system of pleading is cerned, the course of the Osde {6 to be obverved, © om Thus, in Stryker we. Lynch (11 Legal Observer, 116), « demurrer was taken to the complaint, and the poists of 3 Im Bronson ve. Giffard (8 Howard, $89), adem was slro taken, and the rules of the Code soplied be Ribble secs Geis, 468), an cbjection for | of proper i¢8 was taken by answer, it not a) in tre couplaint. and allowed expressly under hed section of the Code, But in the same case, the que whether the wife of the plaintill was & necessary was decided, among other grounds, upon the sectior the Revised Statutes (see. 8 and Of. "the Onde 117 and 122, were. however, case, the learned Justice says that he is incline; Delieve that in ease the defendants omit to answer, complaint, the plaintiff! must exhibit proof of his ¢ sod the a>straet of the conveyances, a# xequired ud the 22d section of the act, It may be useful to show applicstion of the princ’, to the first section of the Statute, and to the second, t| and fourth seetions, which bear upon the present cas) ‘The Grst section, so far as it relates to the tenure Beteresion of the parties, is in fores. So far as it req spplicant to be of full age, it is is. also in force o suits in this Court, but not in the Sapreme Court. ‘act of April 14. 1862, (Session Laws, 1883, cb. 277,) proc ings may be instituted on behalf of an infant; and by) second section a next friend shall be appointed in | manner, and shall give security in like manner, a3 | vided for in sections two, three and tour of the Rev Statuter. The Supreme Court alone is mentioned in this stat InStryker vs Lynob, (11 Leg. Obs. 116,) itis shown the ph intiff must aver actual or constructive posses’ of the premises. Instead of the petitions, the action i summons ond ocmpialnt, ‘The second, third and fourth sections are inapplica, so far an they relate tothe parties to apply for a g! dian ad Liem, and the time and mode of pose th contemplate an application vrevious to the presenta’ of the petition. But ae the 128th, 129th, 130th, 1! and the second subdivision of the 134th section of ode, are applicable to a partition case the action en ccmmenced, avd then the 116th section regulate the form of applying and the parties to »p| while the substantial and consistent provirions as to unéertaking or bond of the guardian are also te be arising upen it were chieily decides upon the provi The ‘bird section of the act of April 14, 1852, whol! hereafter wore particularly cited, implies » legisist opinion that these seetions are in force as to the giving a bond. The fifth rection, under the construction kaggest would be applicable as to the contents of the complai These wre is addition, or in compliance with the requ tions of the 142d rection of the Code. Ripple vs. Giloc (6 Howard's rr. 488) appeara 4» be an authority to th The sixth, seventh, eighth, ninth and ten ure also supposed tobe They 4 consisient with the 117th and 118th sectix, cf the Code, Perhaps shat {s directed in as to parties would be Lecessary—at least proper—uné thore rections. In Ripple vs. Gilborn, before elt much rellance was placed upon the fifth and sixth sf tions, as requiring that the wife of u plaintiff should | mace @ party as entitled to an inchoate right of dow The eleventh and twelfth seo'fons would be inapplic ble. ‘hey provice for the service of the petition, whic in truth, is the commencement of the proceedings. 'T’ action would be commenced, and the services of the su n ons roade as fn ordinary casex. Justice Hoyt, in Parker vs. Lee, (6 Howard, 491,) a Justice Crippen, in Kipple ve, Gilborn, bdetire ‘cited, h laid down the ruie that, upon default of the defendar jucgment is not to be given under the Code for the rei kought; but the twenty-third section of the Statute mm be pursued. Watson vs. Brigham (1 Code Reporter, 17 appears to hold the contrary. In the first mentien« case, a reference was directed to the clerk. applicable. The Statute is that I’ the default of any of the defen ante, whether known or 0, shall have been e tered, the Court shell require the petitioners to exkit ‘cof of their title, and an abstract of the conv y which the vame is he'd. Such proof may be taken | epen court, or by the clerk thereof, on a referencet at purpose. The seventy-seventh section of the Ju and the 47ist section of the Code, whi hereafter more berbeg mg stated as to anthe) point, sanction » reference for this purpose to some pe: son other than the clerk, and under the Code, the swon subdivision of section 246 would warrant it, 1f the Ode i to Bow 1 ‘ithout pursuing this examination of the variow sec, tions of the Statute for tue decisions further, I my ob serve that a series of the provisions are Lape oth action of partition, and that nothing identical or sinila; is to be found in the Code. We may commence under this head with the 26h sec: tion. The appointment of Comminsioners, and theregu lation of their duties, are controlled by and thi aus sequent sections, undoubtedly, so far as they relateto ar actual partition. There is another point in this case aa to whichsom(, observations may be proper. The course under th 74tr’ and 75th rules of the Supreme Court has been pur. sued—a reference was haa, there being infants; ani upor coming in of the report, a sale was directed under he di- rection of @ referee. It will be remembered that the Partition act Phe in ‘the 84th (79th) section the rame power to the t of Chancery to decree partition and sales as were gten to the common law courts; and that the 49th sectionof the amended act of 1830 (ch. 320, section 91 of the thid edi- tion) provided that whenever reference to asertaia and repcrt incumbrances was necessary, it mit be made to a master, or to a register, or clerk, as thiCourt, should think fit. The 88th section also (3¢ ed. was copy of the law of 1826, authorizing masters to mge th pel nipary report, and to conduct the sales and gre the’ All this machinery being abolished by the constiation of 1847, the Judiciary act (sec. 77) provided thet ani mat er before referred to a clerk, master or referee, miht ba referred to a clerk, county judge, &c., or other mttabie! erson or persons, with the same power a poss feared by such officer or porno, ‘The Chancery rules 177 and 178 were framed upo tha provistons of the Revised Statutes before relerred t, and the rules in equity Sdopted by the Supreme Cor: in 1847 (rules 124 and 125) were coples of these. They have remained unchanged in the Rule Bool since. The 448th section appears to prescribe two, an only two, series of provisions for the conduct of # patition suit, viz.: the Revised Statutes and the Code. le for= mer phrase undoubtedly includes all acts after 18) pro-, feasedly amending the Statutes. But it is difiealte ssy it includes anything else of the statute law. The 471st section ot the Code mus%, aowever,te ad- verted to, One clause enacts ha unt the Legiature , shall otherwire proviie, the second part of the Cod shall not affect any existing statutory provision relatinjto ac- tions not inconsistent with the act, and in substare ap- plicable to the actions provided for. It was before observed that in 1848 the title of te Re~ vised statutes selating to partitions was also eume- rated in this section as exempted, and when sectn 48 was adopted ft was omitted in such enumeration. The propriety of the course Prete in this caa of a reference to # referee, depends, to ascertain thetitle, &c., | apprebend, entirely upon ‘this clause of tha7ist section, and the Judiciary act. Aral id conveyance by a referee, instead « com- mirsioners, depended also, until 1861, upon the 7h sec- Vion of the Judiciary act, and the 47ist section of the Code, It was decided that in foreclowure cases, sala might be made by « referee as well as by the seriff, (3 Pr. Kep., 130,) and the Judges ot the SupremCourt ended their rule (the 47th), by adding the wois “or arete.ee,” in the clause providing for a sale uner the direction of the sheriff. The act of 1826, (p. 146,) before noticed, (2 R. . 330, sec. $8,) anthorized » Master in See maketnere salea instead of Commissioners, and Judiciry acé (see. 77) provided that Sheriffs might seli lands 1 theic Tespective counties, ordered to be sold by any deree of ‘any court of record in the State, and to give onvey~ aces thereof in the same manner, and with like ebet, a¢ is pow done by a Master in Chancery. ‘The practice prevailed to » very great extent of ling ‘under the cirection of a ressree, 10 as wel a ice foreclosure suite, A large amount of property & leld periencdand under such a title, and some of the most ex} careful conveyancers in the city have sanctiomd it. ‘There does not appear to be any distinction betwen the cases, and if the rule of the Supreme Court was at to foreclorure cases, the course in partition eases walt mem easel poker. But, (probably to remove questions of this charate. Deny eating eon pce hg Meri section wasal~ ya @ following clause :—‘‘ Real siete ‘to be nold, must be sold in the county Pavvticlg it lies, by the sheriff of the county, or by @ referee ip- pointed by the Court for that purpose, and thereu, te sheriff or referee must execu pare cbaser, which conveyance shail pas ha mee ce paints of the parties adjudged to be ok.’? e words ‘* in the property,” it is su; should inserted before the Fontan judi ie | in This provision may be consi asin additionto wd modification of the forty: section, <0 as to prevat the necessity of a sale by commissioners, even if tint section was not modified by the Judiciary act. The eoure, therefore, now seems to be free from doubt. Again It might be successfully contended that ewer upon the views now taken, the 174th section of the Cole would pel; the Court would have been authorisdta make the order of May 4 for fi the undertaking, That rection authorizes the Court to allow any act tore done alter the time limited by the act, and pfs adnit of a sufficient broad construction to govern this eam, But bere the act of the ‘ature, of April 14 1! crestes a serious cifficulty. (Sess. Laws, 1852, eh. 277 ‘The first and second of that act remcve the disability which an infant was under to institute ceedings in partition under the Revised ten. permit this to be done, and regulate the a) intment of @ next friend for him by the statutes in the rections 2, 3, and 4, which I have referred to, Bauldety the Supreme Court alone is mentioned in these provisions. Then byl ip npens og = act, ‘‘ whenever it shall appear t an; suit, or proceeding for paniition of lands, ore inatitated, or nartatuer $a *@ instituted, in any Court authorized to decree partition or sale thereof, uy jian for minors bas entered upom the execution of his duties, and rules or orders have beer without the Soy bond required by the tection of the Statutes” (that above cited), “or that such bo court or any Judge thereof, may, on arty to the suit or proceeding, at any ment or decree in cases, or after mm carer of actual partition, authorize and filing of & bond by euch ian to be filed the order appointing him, and all it subsequent to the date of the order of , Shall be of the like force and effect as if the filed. a ee ten govern the was an judgment sire be Share the pplication for Uberty e = ‘the ‘an act of the 1. Court to direct ling the bond, ss preser' thin the ddnth retin. cannot, then, any view ot the charer to take be contrary to the set ed doctrine of @ court of equity. Motion denied, without eorts.