The Express.
London, England, 1846-10-15 00:00:00

COLONIAL.
BRITISH NORTH AMERICA.

CAMADA.WOIIIIWI4ets from Montreal to the
28th of September. In default of news, the journals are
principally occupied with controversy, which appears, how-
ever, to be assuming a more practical and less purely personal
direction. The Montreal Gazette, Herald, Pilot, and Econo-
mist, contain long and able articles on the subject of throw-
ing open the navigation of the St. Lawrence, and what is
rather remarkable, each differs widely feint all the rest in its
views. The most importantitems of intelligence are, a 'per-
centile case tried at Montreal on the 23rd of September, be-
fore Mr. Justice Holland and a special jury, the state of the
potato crop, and a painful accident at Kingston, by which
seventeen men were drowned. Our notice of the trial is
abridged from a very able report in the Montreal Herald;
for th- other pieces of intelligence we are indebted to the
Gazette. For political speculation we refer to the letter of
our Montreal correspondent.
GILMOUR AND Co. IL COLLIN Ross, AND CO.—On the
21st of March last Mr. Taylor, broker, void to the defend-
ants, for the plaintiffs, 1,000 barrels of flour. The sale
note bore that the flour was to be of fine quality, of the
Yonne mills brand, price 285., and to be delivered between
the 25th of May and the 10th of June. The flour was
tendered on the 10th of June, part of it at le,st, after six
in the evening. The price had (luring the interval fallen
between 54. and As. a barrel. It was not received : at 6 p.m.
on the 10th the defendants wrote to the plaintiffs that the
flour had not been delivered, and that they returned the
sale note. The plaintiffs, in the first instance, replied that
they held the defendants to their bargain, and would store
the flour at their risk. Storage could not he found, end it
was subsequently intimated to the defendants that the flour
would be sold on their account, they being held liable for the
difference. It was disposed of at the then market price of
23a. 3d. per barrel. The action was brought for 214/. On. 34d.,
the difference between the whole at this price, and at the
price fixed in the sale note. The points which the
plaintiffs undertook to make good to the satisfaction of the
jury were —lst. That the 10th of June was included in the
term fixed by the note of sale. 2nd. That the plaintiffs had
the whole day (or till midnight), to deliver the flour.
3rd. That the flour was ready within the time that they
were bound to deliver it. In support of these allegations
Mr. Taylor, the broker, swore that at the desire of Mr. Oil-
, moue, he had given notice to the defendants that the flour
was ready between 10 and 15 minutes past 6 p.m. lie
afterwards sold the flour at the highest price. Mr. Watson,
flour inspector, swore that the first 400 barrels were in-
rected between 4 and 5, and the rest a little after 6. Mr.
erguson, cooper, that the first 400 barrels were ready fur
delivery by 4, the rest by 7 o'clock. These two witnesses
concurred in stating that flour was often delivered much
later. The store-man of the plaintiffs, and the clerk of the
defendants, gave similar evidence as to the time at which
the flour was ready. Mr. Low, a merchant, swore that
people were often obliged to work after 6, and that when
notice was given that part of the flour was there, it was
usual to begin taking it away; Mr. Bockus, merchant,
swore that his impression was that he would be bound to
take flour, if offered, as late as there was day-light; but Mr.
Shaw, merchant, swore it was quite unusual to deliver flour
after 6 o'clock, and that he would not take 1000 barrels after
1 o'clock. On behalf of the defendants it was argued that by
the terms of the note sof sale they were not hound to take
the flour after the 10th of June had begun. It was
further contended that even if the jury thought they
were bound to receive it on the 10th, that day ex-
pired at six p.m., and the flour w.is not ready for
delivery till seven. For the defence, one of the coopers em-
ployed swore that he was engaged on the casks till after
eight p.m. ' • two others that they were engaged till long
atter six. The sub-inspector of flour swore that he left at
six, and there were a few barrels still on hand. Mr. Wm.
Bristow swore that the business hours of the city ended at
six • he had known flour received later, but never in so
large a quantity. He would have begun to take away as
soon as 600 barrels were put on the wharf. Mr. 3l'Dougal,
broker, thought it unusual to offer so large a quantity so
late ; thought a tender could not be made, except of the
whole. Mr. Borthwick, merchant, would have thought
himself justified in refusing 1,000 barrels after six; had 000
been offered him at five, he would have begun to take them
away.—Mr. Justice Rolland, in summing up, said the case ,
was one to be decided by equity, and the customs of mer-
chants—English
customs being as much adhered to as pos-
sible. The jury, with three dissentients, returned a verdict
for the defendants.

POTATOEIS.—The Montreal llerakl, of 28th September,
has the following editorial pernoraph :
"We are glad to learn from many quarters that the prospect of the
potato crop, so far can be Judged, is much better this year than It
was last. In the deist:dories, the inhabitants have, generally, been so
alarmed as to cease sowing potatoes altogether. In a tour of some
forty or fifty miles the other day we did not me a single held of pota-
toes, only • few small p ashes of garden cultivation. But they hare
this esculent with an increased cultivation of Indian corn, of
=lci'td the crop has been very abundant and well ripened. The Bri-
tish torment on the township boundaries have, on the contrary,
planted largely, and, so far, little or no mischief hi known to have
taken place. It it expected that from the further districts of the coun-
ties of Beatiharnois, Two 3tountains, and Terrebunne, there will be a
copious ,apply of potatoes of excellent quality.
TERRIBLE ACCIDENT AT KINONTON.—A correspondent
of the Montreal Gazette relates the following terrible
casualty :.
" !bout hilf.paat six o'clock, on Saturday, 12th September, 23 or
:1 of the mechanics and labourers employed on the government
weeks, at Cedar Island, embarked Ma large row-boat, for the pun
of re,:uruing to Kingston, about anulemnd-a-half d cdant. Alkr pro-
ceeding a short distance fr int the Wand, the boat shipped some water,
which treat. d confusion on board, and being mer.loodcd, mond It to
roll to one side and upset, when, melancholy to relate, 1: at least
were drq,e,..-sd. Four of the six who were saved clung to the boat,
one to an oar ; mad the other swum to the shore. The military, ever
foremo.q ino! mercy asin deeds of clarinet, were drat at the
icme of the diameter, .mad succeeded In mcning the live who were