The Sun.
London, England, 1826-04-10 00:00:00

LAW OF TENDER.

A very great misunderstanding exists in the
public wind .as to the Law of Tender, and which
therefore, us a subject of some importance, ap-
pears worthy of n few remarks.

A tender, in order to be legal, if above forty
shillings in amount, must be made in the current
legal gold coin of the realm, and if of or below
that sum, in the current silver or gold coin of the
realm. See 56, Geo. 3, c. 68, 8. 12. The Act
8, Henry 6, c. 24, declared, that no alien
merchant should refuse payment of his debt in
silver, but that Act was repealed a session or
two ago, viz., by 3 Geo. 4, c. 41, sec. 1. By
the 16 Geo. 111., c. 42, s. 2, a tender in
silver to the amount of 251. was rendered
legal, but by the 56 Geo. 111. c. 68, that act
was so far repealed, and provision was made,
" that no tender of payment of money made
its the silver coin of the realm, of any sum
exceeding the sum of 40 shillings, at any' one
time,should be reputed a tender in law, or allowed
to be a legal tender within the United Kingdom;
and further, it was by the same Act, expressly
enacted " that the gold coils of the realm should
be considered to be the only legal tender for pay-
ments in the United Kingdom." 'l'lte result
therefore is as above stated.
With regard to the tender of the notes of the
Bank of England, and its operation in dis-
charging the right of arrest ; a tender of Bank-
notes never was at any time strictly a legal tender
but by the Bank Restriction Act it was rendered
necessary on every affidavit, to hold to bail, to
negatise any tender in Bank of England notes,
its default of .which, the party arrested was en-
abled to be discharged on filing common bail.
The expiration of these Acts, and the retorts to
cash payments, has dispensed with this clause,
and affidavits to hold to bail are now commonly
sworn without it. The 51st G. 111. c. 127,
and 521 Geo. 111. 50. make a tender of Bank-
notes to operate in -the same manner as strictly
legal tender in gold coin, by allowing them to be
paid its discharge of a distress, or into Court,
or under Is rits of execution, or in satisfaction
of a judicial decree ; but all these provisions
were made concurrent with the reStriClion on cash
payments, and of course are therefore now ex-
pired. A tender therefore in Bank of England
owes is now perfectly inoperative, and cannot
invest the patty making the tender with any new
rights, any mere than it can cast any liability
on nny person who refusea,-.to accept such a ten-
der, however ungracious, or trowever improper
such refusal might be.

A considerable portion of our preceding columns
is occopied with an utncom►non number of military
promotions. This great accumulation was occa.
sin►ied by the late lamented illness of his MA.
JEST V.

TONNAGC DUTY.—We are enabled to state
that the French order which we last week an-
nounced, has been bi.ought into operation. The
Daty'on English vessels entering a- French Port
is now the Sallie ns it was previous to the ratifica-
tion of the Commercial Treaty, with the excep.
lion of a trifling deduction of 15 francs on the
amount of each vessel's dues.—(Cinque Ports
Herald, April 8.)
R EMAR KABLE DAY.— esterday Was the an-
niversary of the death of Francis Bacon, Visbotint St, Albans,
; execution of Lord Lovot Mr High Treason, on Tower-
hill, 1747; and death of John Opie, the painter, 1007: this
day is the anniversary of the death of Gabrielle D'Estree, the
celebrated mistress of Henry thp Fourth of France, 1500.
AarnisseTtcAt. CANArtits.,---These -two
astonishing Canary birds wt saw exhibit on Sa-
turday last, and never felt more.surprise titan at
the accuracy of ',Lein calculations, their solving
questions in Addition, Subtraction, and Division.
Their performance at Dominos, Spelling, Leger-
demain, and their Selection Of Colours, is ex-
tremely wonderful and entertaining ; their affec-
tion and attention to their waster, whom they hop
to When ca lied ; they fetch and carry as he
orders; and become a feast of great consequence
to the curious and naturalist. These extraordi-
nary creatures are of the small yellow singieg
breed, although they neglect the song for the
more important avocations of Arithmetic, &c.
Mits. SiDDONs.—We are happy to state, from
authority, that the Inte accident of this amiable
and distingOished Lady has been attended by no
serious consequences, and that site is now nearly
restored to her usual state of health.

KEAN, the actor, is on his return from Ame-
rica, where he has been reaping an abundant
harvest. The patrons of the Drama, both in Phi-
ladelphia and New York ; after a little severe
chastisement, forgave the repentant errors he com-
mitted cm his former visit.
We understamt that Ids Tor; commences at the
llaymarket, in the part of Paul Prsy.
C. KEMBLE proceeds from Scotland to Dublin,
for n few nights, with his old friend ABBOTT,
The Act relating to Juries, which has recently
been brought into operation, renders all lodgers
liable to serve, who pay a tent of not less than
201. a-year. This enactment has greatly increas-
ed the number of effective Jurors in the City of
London, as it includes merchants and brokers
who rent_ warehouses or counting.houses,
though they may reside, RS many do, at the West
End of the Town, or at their counting houses.--.
This new regulation proved very unacceptable to
the gentlemen about 'Changed who Came to the
Old Bailey Sessions on Thursday . most „„,y.d..
lingly. The advantage, however, of thus bringing
into the service of the public the titne and abili-
ties of intelligent anti ready men of business has
beets already apparent,

NORTH AND SOUTH AMERICAN

SUgSCRIPTION ROOM, APRIL 9.

LIVERPOOL, APRIL 7.—Wind W.—Arrived the packetahip
Canada, Rogers, from New York, sailed 16th March ; Neptune,
do.; Mary, Smith, from Charleston ; The Ann, Heath, from
London, at New York 15th March ; James Crepper, Marshall,
from Liverpool, atNew York the 12th March ; Edward Bonaffa,
Turk, from Havre, do. 12th March ; Margaret, Cheevor, from
Cadiz, do.; Flora, Blair, from Liverpool, at Charlson, 3d
March; Nimrod, Hill, from St. Falery (France, do.; Milo,
Woodberry, from Liverpool, at Boston, 10th March ; Volzint,
Tinney, from Copenhagen, do. Ilth March.—The brig Eagle,
Duckworth, of London, from Havannah, was spoken 23d Feb.,
making for the first port in America, having sprung a leak.
The Royal Charlotte, from London, for Bengal, was spoken
14th Feb. in lat. 5. 40. S., long. 26. 34. W., by the Globe, Ha-
milton, arrived at Philadelphia from Canton ; and on the same
day spoke the Providence, from London, for New South Wales.
The Louisa, Reeves, from Belfast, at New York, 15th March ;
Governor Hawkins, Dunkan, from Marseilles, do. ; Warrior,
M'Kecar, from Greenock, do. ; Hercules, Stevens, from Bre-
men, do. ; Mentor, Petlrick, from Lisbon, at Philadelphia 14th
March; Amethyst, Barry, from Liverpool, at Boston, 13th
March. -

9 P.M.—The wind continues from the westward ; arrived the
Emily, Godfrey, from Virginia; Goliath, Snow, from New
Orleans; and Selon, White, from Sierra Leone, sailed 16th
Feb. ; the Amity, -, sailed Ist February, and the Alice,
Meritt, sailed 14th Feb., for this port. The Flora, Sharpe ;
Fairfield, Nelson; and Ann, Sly, from Liverpool at Sierra
Leone.

Passengers per Canada, from New York—Mr. and Mrs'
Robinson, Air. Gerritt, Webster, and Mr. Campbell.
APRIL \V.—Arrived the Dido, Alc.Gra, from
Boning (Africa), nailed Dec. 25 ; Rathbone, Owen
and the Neptune, 'Cudd, from Liverpool, had arrived : also
arrived the Lady Combermere, from Charleston. Sailed
the Pacific, Crocker, for New York, and the Mary Bibby, for
Rio Janeiro, under tow of two steam-boats each ; anti the Arab,
Rolston, for Leghorn and Alexandria. The John Wills, for
New York, anti Tulcarosa, for Philadelphia, together with the
rest of the outward-bound, intend sailing to-morrow. The
31armion, Petrie, hence fbr Philadelphia, was seen 27th March
in lat. 45. 45., long. 23.32.
CowEs, APRIL B.—The Maria, Spriggs, from Havannah,
56 days leaky, spoke 4th inst., in lat. 43. 16. long. 12., the
Susan, of and from Pool, for Newfoundland ; InClustry, Clarke,
from Richmond. Sailed the Newcastle, Sims, for St. Peters-
burgh ; Lincoln, Kirtland, for Bremen ; Cornelia, Neilson,
for Hamburgh ; Sophie, Doorman, ditto ; and the Cortes,
Sprague, dropped down to Lymington.—Wind S.W., blowing
fresh.

CHARLESTON, MARCH 6.—A few lots of Sea Island and
Santree cotto`n have been disposed of—the former at 45 to 69
cents., the latter nt 39 and 35 cents. ; uplands have sold pretty
freely during the week, at 1 l and 12& cents., while choice
brands of superior still command 13 and cents. Freights
are dull, for cotton, to England, and 11 cents. to France.