The Sun.
London, England, 1856-10-06 00:00:00

TRIBUNAL OF CO al AIERCE ASSOCIATION

The Third Edition. just Published, price bs., by post, free, ss. 6d,
O TRUE dr FALSE SPERMA.TORREREA,
With the View of distinguishing the Imaginary from the
Real Sufferers Errors under this disease, and Correcting of wide-spread
in relation to their Treatment and Cure.
Translated from the German of Dr. PICRFORD.
" Dr. PleklOrd is known to English readers by his frequent mai-
contribtitions to German medical literature. This is the fire.
'llllO, he informs as, that ho has addressed himself to the non-mea
:al reader. We trust this may not be the last, if he shall letect
any
other equally flagrant evil which it may be in his p3wer to cor-
rect."—London Medical Gazette. " The tribe of ' athisers
Quiet S,'
end 'Medical Friends' are are mercilessly exposed; and ym p
mould if this book
find its way into the hands of those who stiffer from the coin-
,ilaint of which it treats, we are satisfied that many hundreds would
he saved much needless suffering of body and mind, and what is of
teas Importance, though it is that which the quacks most prize—
:l:Rich money...—. This volume is well qualified to put an end to th.
empirical apt= of treating Spermatorrhoea, and to place the treat-
ment upon a more rational and physiological basis. It is, therefore,
ike'y to do much good."—Medical Circular.
London: H. Balliere, 219, Regent-street.

pURSILANT to a Decree of the High Court of
Chancery, made in a cause, Sydney William Stanbridge and
John Blizard Buckley against Eliza Stanbridge, hli persons claiming
to be Creditors of WILLIAM ALFREY, late of No. 31, Alderman-
bury, in the City of London, and of No. 58, South Molton•street, in
the county of Middlesex, Wine Merchant, who _died in or about the
month of April, 1851, are, by their solicitors, on or before the 29th
day of October, 1856, to come in and prove their Debts at the Cham-
bers of the Vice-Chancellor Slr Richard Torin Kindersley, N 0.3, Stone-
buildings. Lincoln's-Inn, Middlesex, or, in default thereof; they will be
peremptorily excluded from the benefit of the said Decree.
Monday, the 3d day of November, 1856, at Twelve o'clock at neon,
at the said Chambers, is appointed for hearing and adjudicating upon
the claims.
Dated this 9th day of August, 1856.
CHAS. PUGH, Chief Clerk.
G. W. C. DE AN, 27, New Broad-street.

COOKS'S CELEBRATED READING
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Soups, Grills, Gravies, Hot and Cold Meats, and unrivalled for gene-
ral use, is sold by the most respectable dealers in fish and sauces.
J. and C. Cockb, Reading, sole Manufacturers.

lit R. HOWARD, Surgeon-Dentist, 52, Fleet.
I street, has introduced an entirely new description of ARTI-
FICIAL TEETH , fixed without springs, wires, or ligatures. They so
derfcctly resemble the natural teeth as not to ba distinguished from
he original by the closest observer; they Will never change colour or
lecay, and will be found very superior to any teeth ever before used.
This method does not require the extraction of roots, or any painful
operation, and will support and preserve teeth that are loose, and is
ruaranteed to restore articulation and mastication. Decayed teeth
rendered sound and useful M mastication.-52, Fleet-street. At
home from ten till five.

.) lo MILNERS' HOLDFAST and FIRE-
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with all the improvements, under their Quadruple Patents of
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and Door (without which no Safe is secure).
THE STRONGEST, BEST, AND CHEAPEST SAFEGUARD EXTANT.
MILNERS' (212:>) SAFE WORKS, LIVERPOOL, the
most complete and extensive in the world. Show-rooms, 6 and 8,
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STREET, City. Cironlars tree by post.

Re Charles Hallowell Hallowell Carew, Esq., of Beddington-
Park, in the county of Surrey.
NOTICE IS HEREBY GIVEN, That by
Indenture bearing date the sth day of May,
1856, made between Charles Hallowell Hallowell Carew, of
Beddington-park, in the county of Surrey, Esq., of the first
part, Robert Hallowell Carew, of Hackbridge, in the same
county, Esq,, and William Augustus Ford, of Henrietta-
street, Covent-garden, in the oounty of Middlesex, gentle-
man, of the second part, and the several persons whose names
and seals are subscribed and affixed in the schedules thereto,
being creditors of the said Charles Hallowell Hallowell Carew,
of the third and fourth parts, the said CHARLES HALLO-
WELL HALLOWELL CAREW bath Conveyed, Granted,
Released, and Confirmed unto the said Robert Hallowell
Carew and William Augustus Ford, and their Heirs, all that
his Mansion-house and Park at Beddington aforesaid, called
Bedding,ton-park, with their appurtenances ; and also all
those the Manors or Lordships of Beddington and Bandon, in
the said county of Surrey, with the Rights and Royalties
thereof respectively, and the Advowson of the Rectory of the
Parish Church of Beddington aforesaid ; and also all and
singular the Manors or Lordships, Messuages, Farms, Lands,
Tenements, and Hereditaments whatsoever in the said county
of Surrey, comprised in and devised, or intended to be devis-
ed, by the will of Ann Pastou Gee, therein recited, or of
which the said Charles Hallowell Hallowell Carew, or any
person or persons in trust for him, is or are seised or entitled
to, an Estate of Freehold and Inheritance, or of Freehold only,
in possession, reversion, remainder, or expectancy, together
with all and singular the Rights, Royalties, Members and
Appurtenances whatsoever to the said Ilereditaments, or any
of them belonging or appertaining ; and a'so all and every
Sum and Sums of Money, Stock, Funds, or Securities, from
time to time standing to the credit of a certain cause,
" Hitchcock v. Carew," which might not be required for the
purposes of the said suit, and all Right, Title, Interest, aid
Benefit whatsoever of him, the said Charles Hallowell Hal-
lowell Carew, in, to, or out of, or-under the said suit and
the several pleadings therein, and the Moneys recoverable
thereby —to hold the said Mansion house, Manors, and
Hereditaments, andto have, receive. and take the said Moneys
and Premises, unto and by the said Robert Hallowell Carew
and William Augustus Ford, and their heirs and execu-
tors, administrators and assigns, upon Trust, for the BENE-
FIT of the CREDITORS of the said Hallowell Hallowell
Carew, who should execute the same act denture within the
space of six calendar months from the date thereof, or other-
wise as therein mentioned. And by the same Indenture, the
said Charles Hallowell Hallowell Carow nominated, consti-
tuted, and appointed the said Robert Hallowell Carew and
William Augustus Ford, and the survivor of them, and tho exe-
cutors or administrators of such survivor and their or his as-
signs, the true and lawful attorneys, and attorney of him,
the said Charles Hallowell Hallowell Carew, irrevocably in
his name, or in the names or name of them, the said Robert
Hallowell Carew and William Augustus Ford, or thesurviver
of them, or the executors or administrators of such survivor,
to carry on and prosecute the suit of " Carew v. Waugh"
therein mentioned, or any other suit or other proceeding for
ricBfso)m(binegi the(being
a Iroodsetnntuurpotioalf
t settlementhe p os purpose
fo f
settlement executed by the said Charles Hallowell Hallo-
ide
well Carew nine days after he attained 21, without any
the 9th ofas l!rcohr,
consideration, and, as the said Charles Hallowell Hallowell
Carew alleges, in total ignorance of his rights, or that he was
absolutely entitled to the freehold of the said estates), or for
procuring an order for sale of the hereditaments and premises
therein comprised. And by the said Indenture, each and
every of the several creditors, parties thereto of the third
and fourth parts respectively, granted to the said Charles
Hallowell Hallowell Carew full licence, authority, and safe
conduct to pass and repass, and attend to his affairs without
any attachment or execution against his person, to be sued
out or enforced by any of his said creditors, parties thereto
of the third and fourth parts respectively, or by their or any
of their procurement. And the said deed was duly executed
by the said Charles Hallowell Hallowell Carew on the said
sth day of May, 1856, in my presence, and attested by me,
and that the same deed was executed by the said Robert
Hallowell Carew and William Augustus Ford, as such trustees
as aforesaid, on the 6th day of May, 1856, in the presence of
and attested by Thomas Salmon Selw..y, a-id the said deed
now lies at my office for the signature of the creditors of the
said Charles Hallowell Hallowell Carew.—Dated this 2d day
of October, 1856. -

GEORGE SAMUEL FORD, Solicitor,
8, Henrietta-street, Covent. garden, London.

ORIENTAL INLAND STEAM COMPANY
(Limited). For establishing Steam Naviga-
tion on the Rivers of India.
Capital 250,0001. in 25,000 Shares of 101. each, with power
to increase it to 1,000,000/.—Deposit 10s. per Share.
TRUSTEES.
JAMES ALLAN, Esq., Managing Director of the Peninsular

and Oriental Steam Navigation Company.
The Honourable W. 'WILBERFORCE BIRD, Esq., late Deputy-
Governor of Bengal.
PROVISIONAL COMMITTEE.
The Hon. W. WILBERFORCE BIRD, Esq., late Dep.-Governor
of Bengal.

Captain Bow), K.T.S., Belvidere Villa, 31illbrook, near
Southampton.

HARRY BORRADAILE, Esq., late Civil Service, Bombay.
JOHN BOURNE, Esq., late of Messrs. John Bourne and Co.
Lieut.-General Jomr BRIGGS, Madras Army, la' o Political
Agent in Candeish, and officiating Resident at Nagpore.
Colonel A. COTTON, late Chief Engineer of Madras.
Capt. COTTON, R.N., Alport Home, Whitechurch, Salop.
Major-General DICKINSON, late Chief Engineer of Bombay.
Mosteaux GORE, Esq., South Audley-street, Grosvenor.
square..

Lieut.-Col. CRIMES, Hon. lately stationed at
Nagpore,

64t. C. H. HirrcnnisoN, Hon. E.1.C.5., Asst. Civ. Eng.
Godavery. _

COl. ATWELL LAKE, C. 8., Aide-de-Camp to the Queen, late
En_Engineer of the Kistnah Irrigation Works.
G
Esq. (Messrs. May, Mathewson, and Co.), London
andr Calcutta.'

Colonel the Hon. R. T. BOWLEY, 47, Berkeley-square.
(With power to add to their number.)
MANAGING DIRECTOR—JOHN BOURNE, Esq., late Of Messrs.
John Bourne and Co., Glasgow and Greenock.
ENGINEER_JAMES KENNEDY, Esq., late of Messrs. Bury,
Curtis, and Kennedy, Liverpool,
SOLICITOR—HENRY R. lltht, Esq., 23, Throgmorton-street.
BesnEns—Messrs. WILLIAMS, DEACON, and CO.
SECRETARY—Jc MATIIEWSW, Esq.
Cffices, 9 Billiter-street, London.
This company is established for two reasons—first, because
it is wanted ; and second, because it will pay. India wants
cheap moans of conveyance for her produce; water conveyance
is cheaper. than any possible mode of conveyance by land ; and
ten thousand miles of this cheap water conveyance will be
afforded by the great rivers when properly navi?,.ated by steam.
T e last dividend of the Ganges oteam Company was 48 per
cent. per annum, and the latest returns of a Navigation Com-
ps on the Godavery was 55 per cent. The field, however,
is far too large to be adequately filled by local effort, and an
English Company is necessary,
which, with adequate capital,
will render available the resources of European science.
Prospectuses and Forms of Application for Shares my be
obtained at the offices
9 Billiter-street, London.

_ ________ _
ago, John Hodson expired
the age
DBATH OF A CENTENARIAN At Stone, a few days
at
Nei
the.last 12 months he might daily be seen driving
cows to milk. throueh the town. He possessed the per;
feet use of his faculties, hove exception of his hearing,
of 103. Until.
till the last. Hie family san interesting relic of the
old man's—a light blue frock coat—which he wore on
verbampton Chronicle.
60 consecutive club-day H 3 at the Stone Fair Club.— Wo/-

A public meeting convened by the 'association for the
establishment of tribunals of commerce was held on Satur-
day, at the London Tavern, for the purpose of receiving
from Mr. H. Dix Hutton a statement intended to have
been submitted to the congress for commercial reform,
recently held at Brussels. Mr. F. LINE took the chair
and introduced Mr. Hutton, who, he said, had paid a great,.
deal of attention to this matter.
Mr. HUTTON said, having from his experience as an ad-
vocate become convinced of the radical insufficiency of the
ordinary tribunals to administer justice in commercial
affairs, and having resolved to spend a portion of his vaca-
tion in the study of those institutions which exist in France
under the denomination of Tribunals of Commerce, he con-
ferred with Mr. Larne, who requested him to represent this
society at the Brussels Congress. He passed four weeks in
Paris, where he had every facility for the study of the Tri-
bunals of Commerce, and he prepared a statement setting
forth the reasons why this society proposed the establish!
ment of tribunals of commerce in this country. That state-
ment was printed in French and English, and was now be-
fore them, but there was another which he proposed tq
read to them, which he prepared for the purpose of bring,
ing before the congress, but time did not allow of its being
read in that assembly. It was, however, referred to a
committee, and by them referred to a sub-committee, whd
reported that, considering that tribunals of commerce
could judge of commercial affairs with less expense, and
with more knowledge of commercial exigencies than the
ordinary tribunals, they were of opinion that the institu:
tion of tribunals of commerce should spread throughout
Europe. Two questions wore proposed by the congress to
the delegates from each country. First, what are the obsta I-
cies in the country which you represent in the progress of
commerce ? Secondly, what remedies, if any, do you pro 7
pose for their removal ? It was in answer to these ques-
tions that the statement which he would now read was
drawn up. The hon. gentleman then proceeded to read
the statement of which the following is an abstract :--
" The subject on which I have the honour of addressing
you falls entirely within the programme which has been
traced for us by the committee of organisation, for among
the ` obstacles which impede the extension of our cornmer:
cial relations,' there are none whose existence is easier
proved, or whose results are more deplorable, than
those defects which unhappily prevail in the system el
administering justice in Great Britain and Ireland. These
are, indeed, among the last, but they must also be reckoned
among the most serious of the obstacles which deprive uli
of the full enjoyment of that commercial liberty for which
England has pre-eminently and nobly struggled. The as'•
sociation which I have the honour of representing, gentles-
men, at your congress is composed of bankers, rnanuface
turers, and merchants, who, convinced of the extent and
gravity of the evils which flow from such a state of things,
have united in order to discover and put in practice the
best mode of terminating this system, at once so disastroui
and so disgraceful. We believe that the sympathies which
such a task must elicit will be as extended as are our comj-
mercial relations, as profound as your attachment to thb
cause of free trade and. your sentiments of duty; for to relL
form the administration of commercial justice means nothing
less than to introduce unity into the ideas, harmony into
the feelings, and union into the acts of the commercial
world. It is impossible to understand the faults of any
system unless we first form an exact idea of the qualities
which should belong to it in its normal state. As regards
the judicial system these concern—first, the law itself;
next, the organisation of the tribunal; and lastly, the pro-
cedure. The true commercial law is made not only foil,
but also by merchants. It is true, in fact, a social prO-
duct, the gradual result of commercial experience and coin-
mercial thought, habitually working in the sphere of their
daily interests. The great jurists of former times were
intimately convinced of this truth, and if the names if
L'Hospital in France, or Mansfield in England, are destine
to remain for ever upon the roll of benefactors of humanit ,
it is mainly because they deeply felt that the law and t
bench should he little else than the intelligent organs
commercial thought. Besides, we must not forget tilt
the principal defects of the legal system existed then, just
as now ; but their results were less serious at a time wheli
commerce was comparatively small, and their evils were
mitigated in practice by the great persoal eminence of the
legal chiefs who then presided. The legal element was
once progressive; now, unfortunately for society and
for itself, it is no longer so as a whole, but, on the cons
trary, increasingly becomes an obstacle to progress and
a fertile source of disorder in the mercantile world,
This difference between the state of the law and of judi
cial administration, formerly and now, becomes apparent
when we contrast the ancient with the modern decisions,
in which last we perceive an ever increasing tendanci
to subordinate realities to fictions, and to place merb
metaphysical abstractions in the place of those princl:
sn
plea which, in fact, guide the practice of the come
alai world. Such are the inevitable reaultis of the unhappy
separation which now subsists between theory and praci-
tice. I will offer to your consideration one example
ichoseu among a thousand others like it), las a practise/I
illustration of what I mean. We all know that agree,
meats relating to the manufacture and sale of the most in:i►
portant articles, on an extensive scale, are commonly re-
duced to writing, and we also know that it very frequently
happens that in the course of carrying out the business it
becomes necessary to vary the contract, sometimes id
important particulars. Now, as the law stands, there ie
generally in such cases the greatest possible difficulty in
enforcing judicially the bona fide intention of the parties,
and compelling the performance of the real contract be-
tween the parties, when one of then. is disposed to evade
its obligations. This difficulty arises, in a great measure,
from the technical rules of construction, and the equally
technical rules of evidence, which the law sanctions; but
it is also important to observe that it is especially in such
instances that the practised intelligence of the manufac-
turer and the merchant is most needed, because it is best
able to discriminate between cases of mere misapprehension
and those of mak ,fidee. The law, as it now stands, in such
cases, not, I fear, of unfrequent occurrence, enables the
fraudulent contractor to evade the consequences of his own
deliberate acts. Such are the effects of British injustice,
checking manufactures, obstructing trade, and, lastly, de-
grading British character. There is but one remedy for
these evils, and that consists in promptly establishing the
normal state, confiding the charge of judging commercial
to the commercial world itself, represented by
thataffar
iiss
to
those
oo
say, who have the daily management of them,
its most estimable, most intelligent, and most devoted mem-
bers. In every systent be it good or bad, a certain relation
always subsists between the organisation and the func-
tions ; and thus, I am sorry to be obliged to tell you, that
enere is a perfect harmony between the legal spirit which
has dominion over commerce, And the judicial organisation
destined to apply it. With us oases of bankruptcy—espe-
cially as regards partnerships and joint stock companies—
are conducted most unsatisfactorily, so much so that I
believe merchants generally consider a very indifferent ar-
rangement preferable to the best result which could be ex•
pected from legal proceedings in the Bankrupt Court, or
under the Winding-up Acts. In these cases we continu-
ally perceive that the bankrupt law for the administration
of assets, though ostensibly made for commerce, assuredly
was not made by commercial men, or for their use. For
example, the case of the Tipperary Bank, now dragging
its slow length along in the Irish Court of Chancery, were
commenced by a series of legal arguments based upon fifty
distinct affidavits, made by as many English shareholders,
represented by a numerous and distinguished bar. These
discussions have already occupied at least 10 days in open
court, before two different judges, and they may, and pro-
bably will, be continued before another judge of appeal,
terminating only with the House of Lords. I must add,
that these legal discussions form but an episode in this great
law-suit; that all the cases of these 50 shareholders were,
with a single exception, essentially the same; and, finally,
that all this is going on in the 19th century, and under a
reformed system, for as such the winding-up acts were held
forth to the public. If time permitted, it would be easy
to multiply such examples of judicial administration, with
respect to the salvage claims, patents, and indeed every
species of industrial transactions. Let us now pass to the
procedure. What are the qualities which characterise a
good system of procedure ? It should be simple, rapid,
cheap, and certain. That of the British tribunals is pre-
cisely the reverse of all this. The administration of our
bankrupt courts, of our admiralty courts, the total absence
of any tribunal competent to judge disputes relating to pa-
tents—the absurdities of our jury system even as regards
ordinary civil transactions. and much more with respect to
commercial affairs—all these offer examples of those vices
of organisation the results of which we shall deplore so
long as the system remains unchanged. But if the law
itself is absurd, and the organisation bad, the procedure
is still worse. Complicated, slow, expensive, uncertain, it
places almost insuperable obstacles in the way of the mer
chant who is seeking justice, and subjects the defendant no
only to the payment of what he reasonably owes, but, in
addition to heavy penalties in the shape of costs, often of
an amount far greater than the original demand. We
have now to consider what remedy we should apply. It
consists, I think, in committing the judgment of mercan-
tile affairs to men chosen from the classes which daily and
hoarly administer these same affairs, and representing, in
rsool ouringdende 8
s through
oft
hemore principlethan
the highest degree, the worth, the capacity, and the zeal
of those classes. Happily, our neighbouring nation "and
hyuv ena
is
ahipulmlrliaaiblcialotterifsctacoclootbranches
iladvantagesttultso;eirbeteuja.but, as
French
riti
ehv
lie:eel
chgh
heiuifctri
rmo.
jomb,mumae
gdoltr
shcoee
II
and
irdiaii
Int: thop
organi-
sationpatha hlona
creationl usdrfase h
ssiaastni as
is
century,teuebtedsoyhsot,fernays the
experience
proved

I shall now refer to the latter only, the working of which
I have myself observed and studied, during a recent resi-
dence of four weeks in Paris. Simple as the machinery of
these tribunals is, I should, nevertheless, have experienced
great and indead insuperable difficulties in my researches,
had it not been for the numerous facilities most kindly
and liberally afforded to me. Onr limited time prevents
my entering here into anything like a full 'exposition of
princinles which should govern tribunals of commerce,
much less of the details of the working of the French tri-
bunals. The printed statement already referred to con-
tains some developments on both these points. I will now,
therefore, merely refer to a few leading matters. As re-
_gards their organisation, the judges should be commercial
men, elected by the commercial world, and selected in such
a way as to represent, in the highest degree, its integrity,
zeal, and intelligence. As a means of securing this, it is
my conviction, based on personal observation and reflec-
tion, and strongly corroborated by the experience of the
French tribunals and the testimony of distinguished judges
in France, that the office of the commercial judge should
be purely honorary. The efficiency of the mercantile tri-
bunal depends on the high character and perfect disinte-
restedness of its presiding judges. It requires that their
position should represent an office, not a place only. The
experience of France shows that an honourable ambition
and a sense of duty are motives sufficiently strong to in-
duce men of the highest position in the mercantile world,
and actually engaged in commerce, to devote these func-
tions and an amountof timeforwhich nopecuniary rernune-
ration could afford an adequate recompence. There the
judges are very generally, thongli,by noor
tmoeaconnsfiadlewnatyiasl,
heads of established firms, the principal management of
which is entrusted to junior partners
agents. This, in fact, is one of the principal reasons
which render it desirable that houses once established
should be perpetuated either in the family of the founder
or by adoption; for it is obvious that the founder of
a great concern can rarely have the time, as he often
wants the ability and the inclination, to perform those
public functions which attach to the possession of property.
Public opinion spontaneously recognises the existence of
such unremunerated offices as attaching to large estates in
land; and if a similar recognition is yet wanting with refe-
rence to capital in personally, this results not from any dif-
ference founded in the nature of things, but from inherited
prejudices destined to be overcome by the spread of a truer
social philosophy, and the growth of a higher morality in
society, and especially in the mercantile world. There is
perhaps ne prejudice at once so absurd and so baneful as
that which limits the notion of the patrician class—of the
gentlemen, as we say—to the owners of land, instead of
extending it (as fact and morality alike require) to the
possessors of capital, whatever shape it may take, and
whether employed in agriculture, in manufactures, in com-
merce, or in banking. It is obvious that, in addition to
other advantages, the presence on the bench of men them-
selves actually engaged in industrial pursuits, would afford
a constant stimulus to the despatch of business. Bat the
commercial judicature should also comprise another most
important element—l mean men advanced in years, retired
from actual business, but still in the enjoyment of sufficient
physical vigour, and possessing the inestimable advantages
of experience and matured thought. This is a Class which
in the present state of society is often reduced to the sad
alternative either of continuing in a mercantile career
which would be more fitly handed over to younger men, or
of exchanging it for a life of listless ease,; unhappy because
without an object, and wholly removed from the sphere of
their former activity. There is another condition actually
realised in the French and Belgian ' Tribunals of Commerce,
and which would be of peculiar importance in England.
It is this—that a tribunal which is expressly instituted as
furnishing the best means of effecting a reform, not in the
administration of the law only, but alternately in the law
itself, should contain no legal element whatsoever as part
of its own constitution. The great-thing needed with us
is to educate the commercial world to that point of just and
indepedennt dignity which will enable it to cast off the legal
incubus, and to fill the social position which it ought to
Sake, not for the sake of commerce alone, but for that of so-
ciety itself. In order to effect this, it is, I believe, of the first
importance that no judge presiding over the commercial
tribunal should be a member of the legal profession ; nay,
further, that no barrister should occupy any position in the
court which world officially entitle him to tender legal
advice. In the French and Belgian Tribunals of Com-
merce the chief registrar is generally an advocate in point
of fact, and the judges sometimes, though I believe rarely,
consult him on points of law. They are not, however, in
any way bound to do so, and have steadily declined the as.
sistance of any such official functionary, feeling that hie
presence, by altering the character, would materially les-
sen the usefulness of the commercial tribunal. It would
tend to increase that subjection of the commercial to the
legal spirit which, even in France, exists to this day. I
may mention, however, that though the employment of
any prufessional adviser before the tribunal of commerce
is purely optional, there arms exist in many of the priaoi.
pal French towns a limited number of gentlemen called
agrees—barristers by profession, who, being designated by
the tribunal as persona enjoying its confidence, are prac-
tically employed in most cases of difficulty. I may be per.
witted to say that I was mach struck by the rapid and
truly efficient manner in which these gentlemen conducted
the numerous and important oases confided to them. I
may also observe that their mode of conducting bushes
furnishes an additional proof of the beneficial influence ex.
ercised by the presence of the commercial element, and the
authority of judges, who are themselves penetrated by the
commercial spirit. For the same reasons, it appears to
me, that the appeal—at least the primary appeal—from
commercial decisions should also be to a commercial court.
If time permitted I could give proof of the injurious effects
of carrying such appeals to the ordinary civil tribunals,
and also of the salutary influence which the tribunals of
commerce exert in correcting the technical and narrow
tendencies of the civil courts of appeal iu France. Tribu-
uals of commerce possess, by virtue of their organisation,
several very important advantages over the ordinary civil
tribunals; advantages inherent in their constitution as
commercial courts of justice. Special juries, even at the
best, are no equivalent for tribunals of commerce. We
all know the practical difficulty of obtaining satisfactory
special juries adapted to try commercial cases; and I may
remark that the time thus given by merchants should net
be forgotten, when that required for sitting as commercial
judges is made a matter of objection to tribunals of com-
merce. But, apart from these considerations, it is evident
that the special jury never can take the place of the com-
mercial court, because the jurors are judges of the fact
only, and not of the fact and the law. They are obliged
first to accept or reject the proof of facts submitted to
them, according to purely legal rules of evidence, often
wholly at vari*nce with commercial usage; and they are
next compelled to judge these scanty or partial facts ac-
cording to technical rules which are not unfrequent4
wholly insufficient for the administration of substantial
justice between the parties, and (like the rules of evidence)
are not in harmony with the principles which really guide
commercial men in their mutual dealings. Tribunals of
commerce are also in the best sense courts of arbitration,
for the opinion of the commercial world is there concen-
trated in its most intelligent and devoted representatives,
and the constitution of these courts enables them to decide
difficult questions, affecting Dither the general relations of
commerce or its special branches, very frequently by a re-
ference to one of the judges themselves selected for that
pu, pose, or, in the most complicated cases, to an expert or
referee nominated by the tribunal. Such are the facilities
which this mode of proceeding affords for effecting amicable
arrangements, that of these difficult and complicated suits,
a number varying from one-third to one-half are finally set-
tled by consent of the litigants. It is obvious, moreover,
that even by the parties arbitration can only be resorted to
where there is good faith, and has no application to those
csses in which the intervention of an authoritative tribunal
is requisite. The extreme technicality of our existing law
of arbitration presents an additional difficulty in the way
of its use, for the remedy is often worse than the disease.
It is desirable to benefit by the experience of others, and
therefore I mention here that, after a trial of 50 years, the
French law which in relation to disputes between partners
compelled the parties to resortto arbitration has been aban-
doned as futile and mischievous in the existing state of
commercial relations, and these matters now all within the
jurisdiction of the tribunals of commerce, which often dis-
pose in a few minutes of cases that under the old system
would require months for their decision, But great as are
the foregoing advantages inherent in tribunals of commerce,
byvirtueof their organisation,there is one which distinguishes
them, not in degree, but in kind, from the ordinary civil
tribunals, in relation to commercial affairs. It is this:
These courts not only exercise a legal authority, they exert
a moral influence, on commerce and commercial men. I do
not
which
whicshpetahey koefxtehratt
oinndtihreecitabduust::iaol csthimiepfs hotrtaenmtsel
influ-
encevas
sitting as judges, but of that directed toward the transac-
tions brought before the court. It is indeed in this respect
that the real pre-eminence of the commercial court appears;
for, as I have myself frequently observed, not only does
the tribunal of commerce manifest a more discriminating,
a more just, and, I may add, a wiser and more kindly
feeling than generally prevails in the civil tribunals when
dealing with the trader, but we find in it truer apprecia-
tion of commercial morality, which, as we all know, is
very different from legal morality. Ido not mean to say
that the standard of morality now prevailing in the world
of commerce is what it ought to be—far from it ; but Ido
maintain that the tendency of the commercial tribunal is
continually to raiseofththiseisetgaanidtarridb,unwahl iilset,ollorewgerretitt.o
Isatyis,
tboth hattchoenst encoelniedgaynd re-assuring to know that commercial
law, not merely in its special usages, but in its general
and fundamental principles, 'is based on the custom of
commerce. The commercial law is essentially the product

LIVERPOOL, FRIDAY.
On Wednesday evening a large ship belonging to
Dublin, called the York, laden with timber, from Que-
bec, arrived in the Liffey, bringing intelligence of a
fatal collision which took place early on last Thursday
morning between the ships Yeoman, of Liverpool,
and the Helen Heilgers, of the same port, at a point
between the Tuskar Reck and Ballycotton, and
having on board thirty-two persons, rho were the
survivors of the crews of those vessels. The Yeoman,
1,100 tons, commanded by Captain Colquhoun, was
on her passage from Liverpool to Castine, British
America, witts.a cargo of salt. Tee Helen Heilgers, of
about the same size, commanded by Captain Harris, with
a miscellaneous cargo, worth upwards of 20,0001., was
homeward bound from Calcutta. About three on the
morning above-mentioned a strong breeze blowing, and
the weather being very thick, the vessels came into
collision with each other. The Yeoman had her star-
board tacks on board, and the Helen Heilgers
was sailing very fast before the wind, and the
latter vessel struck the former violently at her fore-
rigging, knocking in her side. Within eight minutes
afterwards the Yeoman went down. Four of her
crew succeeded in clinging to the bowsprit rigging of
the Helen Heilgers, but one of them is missing, and only
three have escaped, the names of whom are John King,
Thomas Jason, and Alfred Creighton. All the rest of
the ship's company, including the captain and officers,
numbering 19 souls, perished. The Helen Heilgers was
greatly injured by the shock, and the utmost efforts were
made with the pumps to keep her afloat. At 8 o'clock the
same morning the York came to her assistance, and took
off her captain and crew of 29 men, together with the three
sailors belonging to the Yeoman. After remaining for
upwards of two hours alongside the Helen Heilgers, the
York left her in a sinking staN with 18 feet of water in the
hold, and the sea washing her gunwales. The surviving
sailors of the two unfortunate vessels were received into
the Sailors Home. They spoke in terms of praise of the
manner in which they bad been treated on board the
York by Captain Farlane and his ship's company.

ANOTHER COLLISION.—The ship Bonita, Captain
Sturmley, which sailed from the Mersey on the morning
of the Ist instant, came in collision the same night,
when off Holyhead, with the ship Cambria, Captain
Hoskin, from Moulmein, and lost her jib-boom, cat-
head, &c.: She was compelled to return to port for re-
pairs. The Cambria arrived in port 'ably, with only
her quarter damaged.

[AnvilitmEnntm]—Holloway's Pills should be taken
for the cure of Dropsy.—Females at a certain period of
life become liable to tbis complaint, which first makes its
appearance by the swellirg of the feet, legs, and hands,
and thus making strong inroads on the constitution.
Numbers of dropsied patients, even when their cases
wera pronounced hopeless, have been cured by taking
Holloway's pills; and this medicine having stood the
test of years as a certain remedy for this malady, no one
so afflicted should delay giving it a trial.—Sold by all
medicine vendors throughout the world ; at Professor
Holloway's Edablishments, 244, Strand, London, and
80, Maiden•lane, New York ; by A. Stampa, Constanti-
nople; 4, GuWiey, Smyrna and E. Muir, Malta.