The Sun. — London, England, 1823-09-10 00:00:00

1 0 .,11. 6- Zi• ' -.;,.‘, Syr e eN . g - v ' .. -0 . .., ~...., , - , i ! • fyi ;..' - '-• : 4 ,•%viki N ' -4 4 • -. ..1 - ",":7,5 , - , 4, ,.. „ r wv i -, • ' " • * ' , ,.\.Vs: ' V 4 . • , p,. 0 ~ 4 , ...4e , 1. , :1..„ kis.-....-_ --- ...." 541 , --". 1 --- , ~i .•.• a , ..,,* C jt .., / . . , . ..- - / I / / . ,- ~,,, „. 7 ", ... •,. - , . • .'‘l , ..,.; 0 , , ~,, „...,...... ~ .........._____:._ NUMBER 9687. WEDNESDAY, SE,PIMMI3ER AO, 1823. f ew • PRICE SEVENPNC Re. REDUCED FARES, and UNEQUALLED TRAVELLING. To DOVER, DEAL, RAMSGATE, MARGATE, AND CANTERBURY. FOUR INSIDE 'COACHES. AND KEEP ,000 D By S. A. MOUN'T'AIN and Co. SARACEN'S HEAD INN, SKINNER-STREET, SNOW. HILL. LONDON. MHE following WWII' POST-COACHES, and MAILS, &c. set oat from the above Inn:— • The "'Telegraph," DOVER., Deal, Itanisgate, Slargate, lifoadstairs, Canterbury, Fevershat, and Sandwich, new superior fast - Coach--every Morning quiarter past Seven ck'Clock. In consequence of the decided preference given to the Telegraph Coach, she Proprietors are determined no eepence shall he spared to render it the firstaainveyalice the Kent Road. BROM PTON, Chathem and Rochester, Gravesend, Stroud, Sittingbourne, Rainham, and °syringe, Wrting, Quarter past;, at Reduced Fares. . The " Royal Eclipse," 'FALMOUTH, Plymouth, Exeter, Bodinin, Peuryn,t Ashburton, Tintless, Dartmouth, Weymouth, Dorchester, and Salisbury, every mutating at Neven ; through Honiton, Axminster, Bridpurt, Illandford, Stockbridge, Sutton, Basingstoke, Hartford Bridge, Black water, and' Bagshot. The only Day Coach to WEYMOUTH, (driven through with Two Coachmen only), through esagthnt, !Backwater, Basingstoke, Overton, Whitchorch, Andover, Vliumlyeats, Cashmere, Salisbury, Illandford, and Dorchester, at a Quer ter past Five o'Clock in the Mo. ring. Packets .from Wey. month to Gnernses, 'Jersey, Cherbourg, St. Maloe's, &c. every Wednesday arid Saturday afternoon, at Twe o'Clock. The " Union,"SOU'I s HAMP TON, Lyiningtoe, Winchester, Basingstoke, Minims' Bridge, Black water, and Ilagehot, New Four Itiside Coach, every Morning at Et u'Clock ; arrives at the Coach and I tortes and Ville Inn, Southampton, by Five. This is a most delightful Conveyance to the I,le of Wight, Jersey, Giterusey, St: Maims, Havre de Grace Cher bourgh, &c.—The Prom ietors of the above' Costal lonic to receive a coot i 'menet. of that support which has hitherto been experienced since the commencement of the " Union." A New light Day Coach treDORCHESTER, in 14 hours wily, through Ilagshot, [Backwater, Basingstoke. Overton, Whitchurch, Andover, Salisbury, Woods eats, Cash more, and Blandlord, at a Quarter past Five o'clock in the morning.— The Proprietots oft his Coach are determined no expence shall be spared to render it the first eteireyans:e on the West Road. BATH and BRIS'IOL PoSt-Coacties through Chtppeii haul, Caine, NlarlborMigh, Hungerford, tie wintry, and Read ing, eve's - Afternoon at oire ; arrive at the Greyhound Inn, Bath, the London 'Parern, Thomas-street, and Swan, Bristol, early the next Morning.--Ctiacties to %Veils, Bridgewater, 'Taunton, and Plymouth, at reduced Fares. The " Umpire," a New LIVERPOOL Light Coach, only one Night on the Road, carrying Four Inside, sets out Daily at One; arrives at Liverpool next afternoon at Five, through Woburn, Lathhury, Northampton, IVelford, Lutterworth, Hinckley, Atherstone, Litchfield, Stone, Newcastle, Knuts ford, Warrington, and Prescot. SHREWSBURY, ' Welliogton, and Shiffnal, Light Putt. Coach, every Afternoon.* carded. BARNSTAPLE and Snuthinoltoo New Light Post Coach every Monday, Wednesilay.aird Friday Mornings, at Seven. The " Rockingham," LEEDS light Post Coach, sets out every Afternoon at Two; end misses through Bahlock, Bit gleiwade, Eaton, litickden, Stilton, Wansfuro, Stamford, Greetham, Grantham, Newark, Toixford, Markham Moor, Itttfotd,.Bawtry, Doncaster, and Ferrybridge, arrives et the Golden Lion Inn, Leetl,, next Afternoon at Three o'Clock, in time for the Bract ford Halifax. Skipton, and 'kidders. field Coaches, at Reduced Fares (driven through with Four. Coaclnnen only).—Luggag•e and Packages only id per la— Nut withstanding the uncommon Exoeditioti of this Coach, it is allowed to be the most agreeable anti complete Public Con veyance on the North Road, being unequalled by any other. HARROWI4AI2E and Ripon tiew Light l'ost Coaches, every Afternoon at Two, and Eight ie the Morning. GLASGOW, Lon gtown, Go cairn-green, Annan, Dtunfriess UroivnhUt.'i'hornhitl, Sanouliar-Kiln, Cameos:lt, Kingswel!, and All Parts of Scotlend, a light Four inside Post Coach datly. BL111)011NORTH, Shrewston'y, rind Hely . bead , New Light Coach, every Afternoon. at reduced Fares. The "Express," to YOR , Scarborough, Whitby, Shields, Sunderland, Newcastle, and Edinburgh, It New light Four inside Post Coach, with a Guard throagliout r sets out .every Morning, by way of Newark, Rector() ) Doncaster, Ferubridge,Tailcarter, Darlington, Northallerton, Durham, Mut pet!), and Berwick, and arrives at York the next Morn. ing ,at Twelve o'Clock,. at reduced Fares. Driven through wttb Four Coachmen only. Passengers finding themselves fatigued on the journey, unity rest what tints they elease, and then proceed without any additional Fare. MARLBOROUGH and Swindon, 1..111..111541e Day Coach, trough Altihourn, Reading, Lainhourn, Putt on, Lytlington Pewiey,'Wouttliti *asset, Rateslmry; Hengerford, New Miry and Maidenhead. Driven through with One Coachman only. The New Royal Patent Mail, BOSTON and lAMBI, through Roystun, Cambridge, Huntingdon, Stilton, Petri Borough. Decping, Spalding, Spilsby, Alford, Gil shy, and Hall, Evening, .at Half :past Seven u'Clock, Sunday, at a Quarter before Seven. The Express," n New Light Four-inside Post COach . to CAR,LISLE, , . Penrith, and Whitehaven, with a Guest! 'all the way, passes through Appleby, Brough; Mates, Greta bridge, Rictiniond, Catterick, tiorouglihridge, Ferryhridge, Doncaster, Newark, Bawtry, Grantham. Stamford, Gree them, Stilton, Biggleswade, and Bahlock. Sets out in the Morning, and performs the journey with the greatest faci lity; at reduced Fares. Passengers (La:tined on the Road by business or pleasure, have the peculiar advantage of their Seats twine secured in the next Coach.-=The only direct Coach tnCartisle. The New Royal Patent Mail, CAMBRIDGE, through Ware, 13untingferd, Backlaiid, and Royston, Evening, at Half past Seven o'Clock, Smiday, lit a Quarter before Sev,ens , KENDAL, Lancaster, Presto'', Itithy-Lotisdale, Bolton, Chntley, On unsktrit, turd Gerstang Light Post Coaches, every Afternoon. The " Royal Express." New light Four Inside Post Coach, to LIVERPOOL, in -28 hours only, through Warringten, PresCotitongletim, Lawton, Newcastle, Itaidgly, Ketitsford, Stotre u ,Stattord, and Litchfield , (only One Night on the Ruad), a very Allermion ; arrives at the Saracen's Head Inn, Dale-street, Liverpool, next Evening, at Eight. The ad. vantages to Travellers who tumour this coach with their pre ference are far superior to any other on this Road, as the sr R 0,,,; E xpress " •i s dri v en throughout with Four Coachmen only f Three less tbaa any other Ceach to Liverpool), a saving to Peseengers too evident to require comment; besides the additional advantage, especially to comnierciel Interests, of performing the joiirney in Iris time 111411 any other Coach ; a lid, witwithstanding its cheapness and expedition, the Pro prietorsailcdge themselves t hat for safety mid accommodation it it equalled by few, and shall.he surpassed by none. WAKEFIELD Four iusitle Post-Coaches, every Morning and Afternoon , at. reduced Fares. C HESTER,Newport,Whitechurch , Tarp o rley ,Nam p twich, Northwich.&Nliiitileivieli Light Post-Coach. every Afternoon. SUNDERLAND, Stocktoii, and Tarot Light Post Coach, every Morn. to the Giorgi Inn, Sunderland, at reduced Fares. !Mountain's " Express," to MANCt•I ('Fit, 'Winslow, Congleton, tie wcastle„Walsal, Wolverhamptou, tint Krauts. fords new Four Inside Post-Coach, every Aftertwoo.—Only One Ni ht on the Road SHEFFIELD and Rotherlium New Four in" a sid nd also "'The Roctsitightm," every Afternoon, at reduces. , Fares. The " Royal Express," New Illlt.lt INGHAM Light Fast Putt Coach, sets out every Afterawin, carryiog Four Inside o nly ; .easses, :tlirousll Warwick, L eam ington, southern, Weedori, Daventrv, St oney-Stratford, and ToWce ster, to the Saracen`s-freeet, gull-strect, Llirmiligliam. early like next, Driven thiougli with Two Coachmen only (Two less than any other Coach). *f " Express," a New Light Post Coach, to HULL, Lin eeln, Northrave,•Howdeie, and Doncaster, every Morning at. Ei,..1 1 1, o 'clock,. to the'Cross Keys, Mitrket -place a .Hull; and s t s pa 11C " flockiii4lasin" in the Afternoon at Two o'Cluelr Th e HElt'CFOltl),,\%'are,liu.bit:4.lon,alcdClleahttut Couch, at restored Fares. TOTTENHAM and Etinumton - Coaches daily, at Eleven, Half-past Two, Five,.and Eight o'clock. 4 4* At ReduCed Fates to Leeds, York, and Doncaster, Luggage and Poeta:Ns of only. " 2 4 per poloist, S. A. MOUNTAIN end Co. respectfully acquaint their Frioijc and the Ptiitlici that t hey will nor he Accountable lot any Parcels, Passene.ce's Luggage., Wiitings,Plate, &e. of more than - Fire Peunds Valne,' it lost, stolen, or tholiageri, stoles, entered aitaitch, and the Intairance, paid accordingly, at the s[so agen'sllead grin; Skinner.-str., Londo: . DR. GOLDING, Physician Accoucheur to Royal West Lon Jon litfirmare, and to the Western 'Dierentary s 'will commence his next COURSF.of LF.CTURES upon the. PRINCIPLES and .PitACTICE of • MID WIFERY, rod the DISEASES of WOMEN and CHILDREN, on FRI- D.AY, the ad October, at Nire o'Cioek in the Morning; at the former Institution, 48, .Villiers -street, Strand, where Particulars may , he had, or a t the Residence of Dr. Golding. 77, St. Martin s•lone. PRIVATE PUPIL'. A MARRI ED CLERGYMAYof the ESTA BLISHED 'CHURCH,' resident within a convenient distance of London, and n•ceiving a FEW PUPILS i•tio his House, has now a VACANCY. The most satisfactoty Ite ferences can be Oren to Noblemen and Gentlemen whose Sons have heen under his care. Lettets to be addressed ,to the Reverend'E. S. J. at Mr. Egerton's, Bookseller, Whitehall, London. PARIS. PTPTO BE SOLD, with immediate Passession, the LEASE and FURNITURE of a WHOLE HOUSE, O seven years unexpieed, situated in one of the most fashion ab'C'quarters near the !Wiwi Boulevards and thergue de In Paix; consisting of entrance hall, dining room, vestibule, drawing room. ten bed chambers, -kitchen, cellars, coach house, and stable. The Furniture is new, and the House is fitted up quite its the English style, with terry possible ac commodation for a large Family.—Address, if by letter post paid, to X X., Mr. Hodgson's, linohsellet, Winspole-street, where more detailed l'articulass may tie had by pciional 311. plication. • A SAVING OF' ONE IN THREE. • _ SWIFT and CO. remind their -Trion& and the Public that tie Drawingast the State, Lottery will commence on the 45th of this Month, and they recommend to - all Clubs, Societies, and ludiridnal Purchasess, to ar.sil themselyes of the Present Extraordinary reduction of more than one-t hi din the Prices of Tickets a n d Shares.. More than Half the Tickets in this Lottery are sure to be Prizes ! The very Fitst Pt ize will hare 410,000.—There are Three Of ,C2o,ooo,'l'wo 44104000, besides Vosty-four other Capitals, und nearly 11),(00 - st»aller Prizes, its the Scheme. Tickets and Shines are Selling at SWIFT and CO.'s Old and Fortunate offices, 11, Poultry; 31,. Altlgate High-ittret ; le, Charing-Cross ; Where Schemes at !raga may he bad gratis. LAW between MERCHANT and FACTOR. REPORT FROM THE COMMITTEE OF THE HOUSE OF COMMONS. The state Of the English laW as it relates generally .to agents has, until within the last few years, been comparatively but little known. An' immense number of persons, particularly within about 20 years, have exposed themselves unawares, to the risk of heavy pecuniary loss ; and they escaped only from the success (as regarded all panics) ()Edo transactionia which they engaged, or because those with whom they dealt were !1,1 ignorant of the law as they were themselnes. Some instincts of unexpected suffering, however (where one party to a losing speculation happened to discov . er his strict legal rights), 4pAt'an extension,es it seenned, or at least more flee application by our courts, of the principle which gave those rights, at length shoW.: ed our capitalists the danger which they were running ; and the result was that , the petition last Session to the Housi of Commons upon which the report before us is founded, The two 'subjeits ..which engaged thcattention of the Coot. inittee related— . " ht. Ta bona _fide advances made, by third persons, in the regular course of commerce, to agents or factors, in ignorance of their (the factors) not being the owners of the property so pawned. " 2d. To purchases of merchandise from agents or factors not invesed with the 'Power of see, although 'that fact is un. known to the purchaser. " It being understood that,by thp taglish law, as admini stered.in our courts of justice (though not established by any statute), the person advancing money in one case (the Ist) may be deprived of his security ; and the purchaser in the other would be liable a second time to pay the value of the merchandise." , In fact, the law, to use two familiar instances put in the re port; 'stands thus As to the tinit point— " A, a proprietor in the interior of Italy, sends a parcel of silk to B, a:rnOrchaut. at Leghorn. B consigns the silk to C, a merchant in London, for eventual sale, drawing against it (as is the practice) for three fourths of the value at the time of shipment. 'B having got these advances, fails, prior to the sale by C; and A then retakes the silk from C, without repaying him money." To the" second point, the case is a short one— "'A watch is sent to a watchmaker to clean, and he (being also a watch-dealer) sells it to a bona fide purchaser; doubtful if the original, owner is not entitled to take it away from, the third party, without returning him the money he has paid for it." The refusal to secure advances upon property, where those advances have not been taken by the real owner, is at variance with the law and practice; generally, of Europe. In foreign countries," say the Committee, " the rule of law, as applied to moveable property, is that possession eonsti. tyke tote ; and persons making advances of money upon such property are not required to inquire to whom it belongs , and are fully protected in the advances which they make ; and this may be taken to be the law of Prance, Portugal, Spain, Sar dime, Italy, Austria, Holland, the Hamm 'Powns, Prussia, Denmark, Sweden, and Russia; and the low of Scotlatui is also in opposition to the law of England upon this point." But the law which prohibits a factor, though authorized AO' tell, from, under any circumstances, pledging the goods of his principal, enticts(for the benefit of the principal) thist—A frau dulent factor may sell his principal's 5004 worth of goods for 250/., and apply every shilling of that money to his own use;. but he shall not take up 2501. in the way of loan upon these goods, leaving stall 2501. of their value available to the owner. Now to say that a man may steal the whole of his employer . * property, but that he shell ,not ateal the half of it, seems rather a ques tionable kind of , enactment for the sperific protection of em players. The pawn of pledging in a factor can add very little (if any thing) to his gresent facilitieo for fraud. As far as no tice could go to the principal or to the world, no more publicity need attend a selling,_ than a pawning of property. A factor may sell property. Ile may sell, and yet have the . property re main in his own possession and apparent ownership. Nay, he may sell to his own, _creditor, and that creditor may deduct the money owing to him. it becomes difficult, therefore, to con ceive what a wrong factor could commit by pawning., which he may not do already under his authority to lied; but admitting that we let in Some trifling additional facility to fraud upon an owner by perinitting_ the factor .to exercise the inferior power, . as lie already exercises , the higher, still we have to act against that new facilitY (upon such an alteration of the law) most trying grievance taken from. the shouldere of capitalists.: an immense advantage accruing to the intcreatir,generally, Of coin, coerce; and a great, and eventually indispenaable, relief given to ;he original owner himself. 48 the law titandat it is almoSt impossible for a capitalist,, saiwy, to a a yann o his money , upon any description of 'personal propurv.(niercliandiae-1 Yonr.coniznittee refer to the evidence of Air. Leughnan. Mr., Truitzwi,l Sr,FeMble, itnd, Mr. ,Cooke, of Lotition„ end • mt.. Yates, an d itp4-10-pe,,r. of Liverpool ; all . stating ill‘tamts of advances refused., and of capital withdrawn from commerce, in consequenCe of the state of the law." ,Mr. Martin the banker also speaks to advances having been refused , by his house, since: the state of the law has been under stood in the city ; .and. 111 r! Doxat, Mr. Ryland, Mr.. Loc kwood, and indeed the great body of the witnesses examined, declare, some of them, that their advances have already been narrowed ;. and all, that as soon as the law becomes well known, their advances must be continel to, persons upon whose . persohal /whom- they can rely: few of the cases cited in the report will illustrate the ex cessive hardship of, this law ; under which, if a broker receive goods from a factor (not knowing him to be such), and make advances upon those goods to the fader ending sales, in such advances he is not protected ag a in st t h e claim of the principal. Gilliaa, corn-factor, (a witness before the Com mittee), says". In the year 1884, :-.- I was connected with a Mr. VaUderhoven, who was in the habit of consigning to me con siderably, And drawing bills to th e amo unt, or nearly so, of his consignments. In 180.1, November and December, Mt, D. VanderhOven sent me two cargoes of Wheat, and drew for their whole value; these cargoes were shipped at Amsterdam and Elbing ;he residing in London. In the beginning of the year , 1895, Mr. D. Vanderhoven stopped payment. His brother, Mr. Vanderhoven the elder then cadre over from Amsterdam, and demanded the wheats Orme ; producing a certificate from D. Vanderhoven (who had felled) that those wheats had been consigned to him by Vanderhoven and Co. of Amsterdam.— The amount of the wheat was tool. I consulted my attorney, Mr. Druce ; and he told me he feared it would be necessary to deliver it up. Vanderhoven of Amsterdam, Who had been un. der obligation to me, said (as it was a very hard case) he would share the loss and dirt so." Mr. Charles Ogleby states fictitious cise as occurring to him.. self:—" I have had an instance of a bill of lading being sent to this country by a person abroad ; the goods shipped in that same person's nam e,and he representing himself as th e prop ri ctor of the goods. I laid an attachment upon those goods, the man being a debtor of mine ; and when I came to the Lord Mayor's Court to take the benefit of my attachment, a Frenchman, who bad never been heard of until that day, came forward and swore point blank that the goods were his. Sir John Sylvester, who was then living, gave it against me. I did not lose the goods after all; for I immediately laid another attachment, and wait ed another twelvemonth to see whether , the merchant (the Frenchman) would come forward and swear again; intimating, in the mean time, that 1 had got such inforthation from the the part of France that became from, as would enable me to indict him for perjury. Ile never came forward, and I got the goods at last; but that was no thanks to the situation of the law • it was from the man flinching." 111 . r. E. B. In the year 1000, application was made to the firm of Blache and Kemble, by parties having considerable consignments of cone here, for an advance upon the coffee ; the object being stated to be that of meeting bills drawn by the owner : ,12,0001. was paid by lilache and Kemble to the parties fconsignees) on the credit of this coffee ; that failed, and the coffee teas demanded by the original shippers m Jamaica. On the opinion of Sir Vicary Gibbs, then Attorney4ientral, the property wee, given up, without throwing. , away gaol money after had, by going to law. Mr: ItYland's case is interesting fmm theilictaof the Judges in it. ‘k Duclos v. Ryland," 5 Moore's Reports; and Mr. Yates, who attended site Committee on the part of the Liverpool petitioners, states a variety of cases of hardship, as occurring to himself or within his knowledge. And the whole mass of evidence at. taclied_to the report goes to declare that (beyond possession) there are no means of ascertaining property in merchandise. C 'eppted to 'fi'y B 'for 4 loan upon goods, has no possible power of distovering whether the goods belong to B or to A (unknown,..i . _ _ All the witneases, agreed that a bill of lading can ,carry no certainty upon the point. B may have bought the goods, and • may produce n biltof parcels for them, yet that helps nothing. Nay, B may have Ought the goods of C himself, and yet that gives Cno security as to the property. See Mr. Joshua Lock wood's account of his case, " Guichard v. Morgan and Lock wood," before the cotnmittee i.--," In the year 1818 wo (Morgan and Lockwood) WM' applied to by )IThatsrs. Burmester and Co. We were in the seed,trade. They came to us as specu latitrit on their own account in the article of clever seed, and purchased,. about 10004 , worth, which they paid tbr, and left in our hands. A slew time idler that, they purchased another parcel . of • the Same 'magnitude, which theY Alm) left in a similar way. Pour or five months after, they ap plied to me• to advance , some snoney on this seed, which :they had. always spoken of ' as t h e i r own. Being pressed, I aavartee4 the stint . 2,900/. by acceptances. Markets continuing trafavoUrable, wilseld the sreed for them, and held it till they failed, , The day after their failure, we received a letter from Messrs. Ouichard and Co' ~ claiming one moiety of the seed as their property (bought for diem), anti desiring restitution. On the trial, the Judge summed up against us; but the Jury, feel ing the hardship of, the case, gave U.I a verdict. 'flue corm quence was, a new trial, with a verdict against us I so we had to deliver up the seed, and pay the costa of both actions." The Committee speaks very truly of the impossibility or con. tinning a law like this, after once it becomes generally known ; i and of the multitude of frauds which must naturally arise out 1 of it. Indeed, it would not merely stop factors from borrowing money upon the goods of their principals, back would go near to prevent the lending of money (upon goods) altogether. A common shop pawn-broker, for instance, i$ made liable in a moment. A, in Birmingham, sends plate to It in London, with orders to sell. B carries it as his own to a pawn-broker, anti pledges it for five-sixths of its value ; he then 11411.1„! and A takes back his property. Say all this is a juggle between A and It, anti what defence has the pawn-broker against it ? lint apart front every other consideration, justice seems to demand the protection of the third party, or pawnee, in pre. forum to that of • the original proprietor. The original prod pri?.tor chooses his own !went. lie finds out it ;Tian (it being his own care to look to himself) ; takes him up of his own will, and trusts him with his property. But the broker or capitalist (the pawnee) does nothing at all like this. lie lcnows nothing of agent B (except his general repute in the world) ; he never meditate,' trusting him ; but }islands his money (without trust. ing any bedy) upon the security of goods put into his hands. And here, what hecomea of that law whiCh is every liars practice, by . which property placed in a man's possession with colour of its being his own, becomes absolutely, as if it were his own, liable to the claims of third persons p if A, being the proprietor of furnittwe in a house, suffers B w h a ve the apparent ownership of that f u rniture, so that C, upon the faiths of it, gives him (It) credit ; then, although with the fullest evidence that the property beloangtis capitalist: -.. comes ,subjeet nevertheless to the credit given ' by C. N ow this is precisely the case of principal, f4ctor, n The first is the man who induces the lan to lend; for he puts . Into the hands of the second the very goods upon which (alone) the third trusts him. _ . __ --- ..... - .•-___ _____ The same argument applies to the second division of the in.: quiry before the Committetas to the purchase of mere h an di ze from holders, not invested with the power of sale. " If a person should deposit lead with a wharfinger for safe custody, and the wharfinger should sell it and receive the val u e, the pith:baser will be liable to pay the money a second time to the trite owner, because he deposited his goods with wharfinger, whose proper business was not to sell, although he was, In fact, in the habit of selling (as all wharfingers almost are), and was a dealer in leatL" Upon this law the Committee fbrbears to enter at length treating it, however, as one which exposes merchants to great risk in their ordinary purchases. And certainly the case is at least an unreasonable one; itecause it in fitet amounts to this.— that A elects to trust somebody and happens to trus t a rogue, and thereforeCshall pay the loss, who treat to trust nobody. Th e ne law of Henry persons are accustomed to sup purchase of the lead in the above case is, to all equitable intents a v ri l d ii pu , r w po h a lc es, h e a n p ab u l r e c s ha a s t e ru in o t o n w a n rk er ef :ro e o t ri et . ake stolen p r op e i t , stands by itself'. to justice. For The re ap honest purchasers of.stelen g oods e ; and in the case of , must be very few. Thieves cannot carry their plunder to those channels front which reputable 11) that ply themselves. But the law of 1ig . ) 1 1.7 III.Y t i t t bj is eC u t po ,' b n e tifiarteccoonlledcittelitilnotihd,eubir2iinsgtlent ftr,yetveirtri,,clip. Parker the stolen property is reclairoahl v. Patrick," t, Term Reports, 175, it was held that the low of restitution did not extend to property obtained by fraud. , It was a case of obtaining goods under false pratenees and the Court said-.." This is distinguishab le fr o n t the 44, 1 te 01 .. t . elpny ; fur there, by a positive statute, the owner, in case he prosecutes the otlnder to conviction, -is entitled to restitution ; , but that does not extend to this ease, where the goods were obtained by a. fraud." . Looking merely, howe ver, to the interests of original . proptie. tore themselvos,:it seems pretty evident that they never caw g e t on with the, law as.itlfAntla ;.. Awl that they will for thei r:own , sakes soon beg to he re ieved t v oi n the protection which h affords them. The past experience of tht law, as the Committee Igo. serves, can go fo r not hi ng; b ecause the witnesses y, almost Without an ex ce p t i on, that•the.law.has treengentrally unk nown . The strongest p roo f o f the necessity of protecting advanc es made by capitalists, is to be found in the declarations often, who are themselves consignees and first owners. Meroh'Srts receive goods from correspondents, which arc drawn against to three-fourths of their value,' before they arrive ; without these advances, the trade could not possibly go on ; and 'yet if it hap. pens, as it does constantly, that the consignor is not the real owner, the original .proprietor may step In and rticlaira his goods, without repaying them. Mr. Dorat s a y s in his evidence, that there are no means of ascertaining who is or is not a real proprietor. Mr. Jameson and Mr. billies say the same thing. Mr. Far. rand says, that without such advances as those which are now unprotected, general commerce "would not go on. • Mr. Ryland, spe a ki ng o f the necessity of making advances, says, "I am doing it now fur corn coming from Scotland. I believe the man shipping it is not the real ow ner; h u t I pay his bills, anti must d o i t . . „ • • Mr. Terni, of Ancona, should s p ea k f or hi mse lf . . " Are you largely engaged in consigning silks and other goods • ' to this country 2.—Yes. " Are you the proprietor of the principal part of the goods so consigned P--No. .. • . " Do you generally take advances upon the etnisignnients you make P....Generally': and somethn es to theca tent of 4-fifths. " IVould you consign goods to this country, unless you could anticipate part of their value P—Certainly not: it would be very inconvenient. " Would it be prejudicial to your trade ?-=host certainly." But another difficulty, and one of a very serious description, arises out of the forbidding a factor in any case to pledge the goods of his principal. It has repeatedly happened, it seems, that property must have been sacrificed at a tithe of its-value, or perhaps at a rate still far lower, if money had not been bor. rowed upon it in preference to making sales. This was the case in a very striking degree upon the glut ofWest India pro duce, about the years 1812, )1113, and 1014. Mr. Robert Holden's evidence goes to this point : Do you remember the year 1811, and the stake of the market for colonial produce at that time P—Perfectly well. Wits there or not a very pressing necessity at that time for ntivances upon colOnial produce ?—'There was. Do you remember the low price at which coffee then was ? Coffee WEIS Worth about 395. a hundred. State to the Committee upon that reduction the con. sequence of not forcing 4 sale ?--The effect was most advan. tageous, for it was kept till that which was worth 355. was worth double that sum. The true owner Would have suffered veiy seriously if it had been sold at the low price ?-1 have no hesitation in saying it would have been ruinous. Du you hap pen to know whether upon West India produce generally large advances were made P—Very large indeed." Mr. Itannatyne fully confirms Mr. Holden'a statement. Mr. Kymer says—" I know that very large advance* are made on West India produce. Our house has adVaticed ,in some years as much as 30f),000/. In the year 11111, if these advances had not.been made, it is impossible to say how low West India goods might not have fallen. . The accumulation of' coffee was then about 50,000 tons, which Was not worth more than 1,700,0001. ; • and by February, 11114, this had improved to the value probably of 8 4 200,080/ . . A great deal of this entree was pledged (loo.ing at the low prices) for its full value, or more. In the year 1819; cotton was a in the same state. I think if the law is not altered (after the 'general Understanding of it that has now gone abroad), gentlemen will be very nice about advancing money hereafter ; insomuch so, that it will shackle trade greatly. Mr. tientble speaks to the advances made upon sugar at the • same time at which Mr. Kymer.quotes the collie; and to the same state of market. lie puts the" Advances, upon. West India prodUee,' in the years 11111 and 1812, at tipsier& of . 2,04,0001. Mr. Garnett says..that tae same state of temporary depression frequently exists in the corn-market. •. The witnesses who oppose an alteration in 'the law are few in number. None of them show lime an origin a l Owner is to lie more damnified •by a fraudulent pledging,. than he may be already by a fraudulent sale of his .property and their chief rh objection seems to be an apprehension le s t, b 3 tic power. to pledge, men who are not themselves large r.ipitalist, may be enabled to engage in trade. .The Committee, hoi, , ,,er, 14 of opinion that, 11'n:en-I:Tints are not able to obtain ativ:ice.s capitallats, , ' 44 the quantity of boShiesi done by opol,,nt might be increased; but the 'total amount of uur tbreign rusls meree roust be diminished," *nue 'of the witnesses examined recommended that factors or consigntetshould have the power of pledging to the anionnt to which they themselves might hove made advai:ces ; or rather that lenders should be protected far. But it seems impos. Bible •to devise'any means by which a lender could'avisure him self asto that fact. • _ • The existing law stands upon the case of ' 4 Paterson terra: Tash," decided at Nisi Prins by Lord Chief-Justiee bee, in the year 1742. The case is very shOrtly reported (Without any of the facts stated) in the seennd volume of Siranges Reports; and certainly there is nothing to indicate that, the pawnee in that case was not cognizant that the goods which he received were not the property of the person who pledged the The note-of the case in Strange is this " Paterson v. Tash.--It was held by.Chief-Justicc Lee, that though a factor has power to sell, and thereby bind his prin cipal, yet he cannot hind or affect the property of the goods- by pledging them as a security forhit miur deU,"---fis not this, for a debt due from him, the factor?] "though there is the for•- tnedity cf a bill of parcels and a receipt. And the Jiiry found accordingly." This needless " formality" looks a little 'like a juggle be tween the parties; and it Is worth while to obServe, that there is no account of any motion to set aside the verdict. Certainly, many eminent judges seem to have followed the precetleutof " Patterson V. Trish" with reluctance. Lord Ellenborough, in tlw , year 1813, said, in the c a se of " Ma r tini v . C o l es " — ! ,Perhapi it would have been as well it' it had been origin ally that when it was equivocal whether a person was authorized to act AS principal or factor, a pledge made by such, petaon, free from any circumstances of fraud, was v a lid. Mr. Justice Le Bianc in the same case observes.— " Whether it might net originally have better answered the purposes of commerce to have consideied a person having the, apparent symbol of property. as the true owner in respect of that person who deals with him in ignorance of his real elm racter, is a question upon which it is now too late to specu , late," &c, • Lord L Kenyon, in the case of Danbigny v. Duval," seems to incline to a more equitable justice than the present law:. and Lord I:Moo, in " Pulteney v. Kyiner," in the year that, de. cities directly against it, After all, it appears (from the evidence of Mr. Manning) that the late Lost l Chief,/ustice fiibba, in the your IWO, mine sidered the case of " Paterson v. Tagil" to have been otirre. ported ; so that if his Lordship was right, we have been acting for the last fifty years in the teeth of all reasonable principle upon the strength of that which at last turns out to he a iiiiittelte. • The Committee, after declaring as their deliberate-opinion, that " If no easy mode suggested itself for the alteration of the (existing) law, so as to. remove the present inconieniences,_ consistently with other principles of our jurisprudence, it would not be unwise to adopt the principle of for eign law - that por ter:ion constitutes concludes by recommending the fol. lowing propositions : . " That a person possessing a bill of lading, or other ap parent symbol of property, not importing that such property belongs to others, shall be considered as the true owner , so far as respects any other person who may d ea l Wi t h' him it relation to such property, in ignorance of his real character. " This not to affect the right of n true owner to follpw his, goods while in possession of his factor I or recover there trent persona having made advances, upon • payment of such VATICCS ; or, if previously sold, to recover any balance beyond the amount of advances. , " That, as between a ptincipal toad - his factor, the latter shall be, to all the legal consequences which now attach to a breech of his duty, and MAO to the penalties of the Act of the 62t1' of the late , entitled, "Ain Act for preventing the emberclement of securities for tuortey; and other ell'ects, depd. sited in the hands oUbankers, merchants, brokers, attorriles;'er other agents ts- save only as to such , cattes hi which the facter or agent Oiall not have made over the goods of his principal:asit security for any greater snot than the aoionnt of his owittil. t•!Tr,t therein ; at die timeof his so Making the same a seen its; tart ..1)1118 vf exchange accepted by snub agent= or factor, tin,,,C" count of his principal, are-notto be - onsidered as giving ft rt terest to the factor, in the event of the saute being dishonotircu whet) they become duet This gives the factor 110 r 4rhe lo beyoad the anunint' of ails advances; but protects -third .lertions against hlfi4' ease he think* tit to violatti.hislivity. hi the plan of alteratteh ;.thus ~stiggested, the Committee contemplate « a very libetttlid• terpretnuon on the part of Parliament of what is termed ex, apparo.t Jyrtaboteproperty." TII E CO LON I ES. We .have ,received Quebec I apers. The - 61.,. lowing are the chief contents s-- . Qun sac, al. 1.! rs 24.—N0 later intelligence how. F.ninfbe Stair besq,:eceived since our last. The latest date from Landon. Nowt' is of to the 4th of June. . • Weiste happy to fmd thtit his Eireellehey the Otritiforfa' el licrarrived-ati Halifax On the 11 instant:" We deny 4161...' lowing particulars with the address and answer- by hit .141t61, lency from a' Halifax paper r•-: 1 -' .• " ' - On Thursday evening tJuly 31), his Extellenty the 'ROI Of Dalhousie ' attended by his Aides,' Capt,'W: nant Mauls, and accompanied by'LientlXol. - Durcre'r4 ft .7 4 .,, and Capt. arker, A. D. QuarterAlaSteMteneral,lanited the Government armed Nig Chebucto, CaptAin Cunard, 11 days from Quebec. _ _ A Levee was held at Government-house, On Saturday, in ho,, nour of his Lordship's arrival, which was very numerotntly ita tended. At one o'clock on Tuesday the Members of his Majeaty's Council, the high Sheriff, I agts trateir, *id - Other .PrinAitsuil , In . habitants of the Town, waited uprin hfs'.Excellency eho Gpvile-• nor in Chief, at Government-house, when the tfighsherM, I. Chipman, Esq. had the honour of presenting the followieg Address To his Excellency the Right Honourable George, Earl °IPA . housie, Captain-GenerWand Govern,r in: Chief 'in and . his Majesty's Provinces of Lower Canaille, Tipper Catieits:, Nova-Scotia, and New Brunswick, and the Islands of Prin, , , Edward and Cape Breton, &c. &c. &e. We, the Magistrates and nhabitants of the Townof beg leave most cordially to congratulate your bordShip - on your arrival in Nova Scotia, and to assure you. that we a re ingly gratified with this opportunity' f renewing to your 'Lord ship the sentiments of our sincere regard and attachtnent. ' The many essential benefits and advantages •derives rutin your Lordship's Administration of the Government of 'this vince are so generally felt, and so perfectly recolteeted,.that should fail to perform a very pleasing duty were we to omit knowledging them on this gratifying occasion. We are sensible your Lordship will experience great waif! faction in learning t'om us, that the same peculiar regard and attention to our interests and welfare which so eminently dis, tinguished your Administration, have uniformly guided your Successor, and have preserved, uninterrupted, that harmony, peace, and happiness which so universally prevailed In the Pp). vince while your Lordship more immediately presided over it. We earnestly hope that your Lordship may have an oppor. tunity, by visiting the country, of witnessing our increased in: dustry and improvement, and the many advan tages the Pro vince has derived Shun the Agricultural Institut ion formed un der your Lordship's immediate patronage, and which has been so successfully encouraged and promoted by time liberal and zea lous exertiona of your Successor in the Government; • .We beg most respectfully to 09iress our regret that her Ladyship the Countess of Dalhousie did not accompany your Lordship in the Visit which we have now the high honour •to receive ; and we assure your Lordship that the '1 own of Hall. fax will long cherish the pleasing recollection of her Ladyship's kindness, affability, and.henevolenee. . With sincere and afrectionate wishes that your Lordship rind' family may continue to enjoy health, and every bleating that can contribute to your welfare and happiness, We have the honour to remain, with highest sentinvaits of duty and respect, your Lordship's very humbly Servants. (Signed by the Members of his Majesty's Council, Sherie, Magistrates, Merchants, and other Inhabitants of this Town.) To which Address his Lordship was pleased to return the 'subsequent Answer _ Geritlernen,- . --I am very sure that the Magistrates and "%ha bitants of Halifax, will do me the justice to believe that re ceive, infinite pleasure, this renewed expression, of their former unaltered kindness. ..... f have availed myself of the first time nt iny disposal to ravn;i ..Nova-Scotia, from A two-fold motive : fruto 3 grateful recolic4- don or the yeant I have spent ninon ) ; you, and from that 1.114t4i interest which moat ' ever take in the -Agricultural improve., meat or this,Conntry in the one, I endeavour to MAC SOPte return for obligenonit Y shall' ever highly appreciate; in the other, you will yotirselve judge, what ere my feelinga when I receive. this gratifying assurance of the peace, the happiness, end the wplfercot the Province _ I have dcrii;l grent satisfaction, indeed, in lr.nowing that my Friend and Successor here has so powerfully supported. that Inca...tires which had been. ,just entered upon before hi* Arrival. Ills 'decided approval of thorn, and the Omni , with 'which the trial proposed has been made by the pUblie have together ac.; complished far beyond what any of us could have looked for in so short a time. I much regret that it will not be in my power to visit any great part of the Province just now, bu t I s h a ll not .he idle, and what I cannot reach on thin occasipti, I ,hall return to tic complish at a future day, though I may not therefore witness the_ full extent of benefit already rendered by the Agrietatml Societies, I am well informed of it, and lam movineed, that every succeeding year will spread wider die powerful influence they have bad, in lirotnoting the industry, and animating the best energies of the *pie. Th e in ess of one of her rutnily has enured a revere efid4p. pointnient to Lady Dalhousie by preventing her thutuaccom panyiug me here ; assured I shall pot tail to tlßaf t 's he; ce faithful report of the kind and liattvripg eipressioas reglU4 towards her, contained in this Address and which youm ,ast permit incto acknowledge in' her nanie with the saute full tense of gratitude with which I know she will be herself impressed. 14LHOLI$IE. • Government-flonse, Halifax, July 8, 1823. , , • , • Immediately after his Lordship had delivered his Reply, Mr. Chipman statcdohat the inhabitants were hill further stizlona to testify their' oblihmtions to hint for the tbnottr of his visit, and that he was requested to beg. that libl'Excellency would condescend to favour them with his company to'tlibhtt on any day which might he.cOhYenient to. him.—To Which his Lord. ship replied, that he accepted' tlw inVitatiou with much' plea. taro; and that he would givo duo intimation of the time it would be in his power to meet them. An Eelipte of the moon, the only eclipse vihille t]ttiltig vitih Alyetir Quebec, neetitrt (1 on Ttieetlay4vrithiilOt.,LThditty wars perfectly free front clootht, 'oncl-the opportunity' thtiltitist envourahle for ninterving it. T.tu roam totaßy 'eclipsed from Mt. AYL. , 111.• to I to 31m: * . Thu atmosphere mimic yetiterthty morning his beeri a dense invoke, evidently to the itenge the enitilie of arisfag.from" the burning of the ,woods, and wefiar that extensive tires hayst ravaged some parts of the 'country. On _Monday the Ilst iastant was . laid the (Nett:other Stone' of a Protestant Episcopal Church at NiOlet, in prraint r ee die. Reverend J. C. Driscoll, 141inister, the fieigneur of the parish; and several of the more rtriptietablelnhabitantA ther,plt4ce neighbourhood.: It is. gratifying to observe ft)stny',Ofttbe inhabitants, not members of th e Church, Seemed to: partiaptitsi in the pleasure which tits ceremony . obViously difiltied`arriatrot those more immediately interested its - the . „ construction Otthis additional Edifice for tlh r is t i an Worship. Atter the ceremony It large party partook otan Entertainment at. the !Haug UMW. 'W e extract th e f t) lt ow i n g from chi. C . on ' iiiinhorins4 of the let in si.- ,, -" it most in elaneholy accident haajnittrilittoked a respectable faintly in the deepest distroot. jpo ti.k..._! taw, . truly , he Said 'that ex ttanrtlininj• eircintiat'anees *cent to eittnited . in gyring a CortiVie to their iniefortimee. .. Mr) Ai riett NW:.-ititigt'• 22, the consolation and support of hie mother and two sisters. was.drowned at Paris, while,hAthing ,i .othe,*inel . 8 -' l,l t.4 o 4Pch tilt. He quitted the iniLtorKidAtiorat . :4. 0 .0 a,,10 !t.tt evri ng, in ' great joy, on learning :that h , '-... . ,ttlMlLOtt i ll, tp t.. lucrativetitutition. itt quit , olflock *O, 44 .9.) 4 ;f7-',4 0 0,14. with the 'melancholitittiniptlttatl` -, _ i t's 0 ,11 4/r, ftf.,' A t' ,,, good lady, *lto bilonglito aillAttni . Nf Si; 4V . frettdy ' ~, k : experienced some of the bitter wane • ...„ 1_ , ,f . It4lA) . dit )V - 61116611: Pet ro f tuni, hint disaor ..4,14 1, .14 4.4 I felt n ukeviii6 to the aiingidniiribi,ks'or,,,.. la/*„.. . t rk, ti. 1,1 1 ,,, bereft :of a !lon rtn*cli *about the rune "Pr . . 1 .,' ,' •• •,,,'f*l.9P Cr Vii;. tlid;`fit ieit in tWo kgiVitt 100 OiIkInI.:PIVWe Arg,,,,'-. '''"'• piii tr or ell' t he t itetiffis . , , tiel, ilhi# .4.. ~91 ele dait hteilla 'ffiry'are'riin diliy a prey IS thti MO t l kit,4 l i , ,, t,', ..,, pit eArt,,,Tpudinit grief, but thtir etuil f I 914410/Vl m , , i, indigent*: ' 'llerllierttlle ht vie r united:to ap (11t -." tre titre voleitee tif. the bunion". '1%1010* , '14 . .1t0 46,4 ..h, * ii t ; t i citit ti• in War's, will readily take charge. or Kl4tiser I p t ton .4., stntat the seine time connnunieAte the 'tame of the unrostuntne kilivillii4: 3 on- whoee WIWI' they resp , E..etqly i;Ohcitelie generOsny of ali feeling hearts."