New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1860-04-17
] .r,ar-r ON ,I1A ANGE.

r,,,,,a ri tbe Rears said ii was fiat: whether Some
Bears have al have not been picked up, We cannot
sav There was something Of falling off on rue
f,arx,,i, c,et vesterday; nothing however, beyond
mat a,,,,,;es "a fhe season. On reference to our
,,sts ID will he observed there have been
sa,.., I'm fact. numerous arrivals nom seA and
go, tbe interior during tho last IS hours. The
hnsts from the great West bring full cargoes. The
| c,ftnn trade boats bring very diminutiye loads.
! Che vessels from sen bring varied and assorted
\ carroes; some measure their cargoes by tuns Of
ice. some have full cargoes of merchandise, some
bring salt in sacks, others bring paving stones and
MANY come under the influence of ballast or empti-
Ipess; and in taking general survey OF the hags
4 II was plainly pereeivabie that the eliminating
po;nt Of business was past for this season. There
was. however, good deal of talk about the cleo
lion fol- Directors Of the jackson and Great North
1 ern Railroad The vote cast was very Large. AS
we did not stop till the reading of the end OF the
chapter, we can only remark that the out ticket
received large majority of the votes cast-sui
ciet to meet the entire outside vote Or opposition
| ticket This is all the talk about this matter
which dwindles into something of insignifieance
when placed alongside Of the great talk about the
Law suits now in of progress in regard to the
lien law, it is believed both parties Of the Jack
son Railroad imbroglio have the interests and the
4 prosperity Of the great road at heart.
The talk holds on in regard the bouleYersement OF
1 All eminent operator and dealer in cotton, Which
1 occurred week before last 1t was, we may say,
i 4 real Godsend to the legal fraternity or members
| IF The bar judiciary. The cases are now before
our courts, and being the first case of Importance
under the act Of our Legislature Of 1855, the de-
csion il looked for with great interest. The ques-
ton however, comes before our courts under an
immensely Of opinions, views and arguments. Our
State lien law will, in all probability, have to be
settled by the United States Supreme Court at
Washington as it can be carried before that Court
in some way or another, known by some members
of the fraternity 1t is not, however, Necessary to
await decision from Washington to confirm or
sanction common sense, or say common law The
act of 1855 gives vendor of the agricultural pro-
auctions of the United States privilege for five
days on the products, provided they are not paid
| for by Che purchaser, in whatsoever hands they
may be found. But this law says nothing specially
abont lien only that if there is no lien the order
fol- the products Eve will call one item of products
cotten) shall say therein that it is to be delivered
without vendors privileges. But if the order says
nothing about the vendors privilege, what is to be
| judged or understood? This is what many people
talked about. Some say it is 6 understood
Well, understanding is one thing, law is another,
and equity another, or third. Bnt, now, let us
have little talk $50 says Mr.. "A. or Mr.. By about
another point another turn up-which will very
well apply to the cases now before the Fourth Dis
\ triet Court.
Messrs. A. B. & P. have sold 100 or 500 bales of
4 cotton which they have consented to being deliv
| cred from the warehouses or presses, to some
| buyer who has ordered it, perhaps verbally and
perhaps By written order, to be sent to certain
ship, but nowhere in either of the orders given is
there word written about claim, privilege, OF the
Ave days lien law. Well the cotton Is delivered to
the ship, rolled on board, and slowed away as
though there would not be any claim on it until the
bill of ading is presented in Liverpool, the port Of
delivery. The ship completes her cargo, the Cap
tain ships his crew, goes to the Custom House, oh
tans his clearance, with all the required shipping
manifests of his cargo. His ship, we will say has
on board five thousand bales Of cotton. shipped
and owned by twenty, thirty or fifty different
parties About the hour of departure he is waited
on by the Sheriff, and told that his ship has on
board one hundred or five hundred bales cotton,
sold by Mr.. Az, cotton factor, and on which the
said Mr.. a., vendor, claims privilege. In the
meantime, it is presumed, the factor or vendor has
obtained the shipping marks, and may have the
planters mark; but it would be puzzling bust
ness to lind them out if the cotton has been com
pressed The Captain--perhaps he may take the
matter eoolly and perhaps he might not-replfes to
Mr.. Sheriff that he has signed bills Of ladng for
one hundred or one thousand bales of cotton shin
ped by divers parties, but that he knows nothing
whatever Of the plaintiffs or claimants, nor is lie
aware that his ship has any cotton on board on
which the plaintiffs or claimants have any interest,
and also replies that his ship Is under clearance,
cargo, water and boats all slowed, crew on board,
and that he and his owners, and shippers of his
cargo may suffer ten or twenty thousand dollars
damages by being detained, and informs the Sher.
i'll that If he detains his vessel it win be at his own
cost and peril The Sheriff may begin to think, by
this time, that breaking out of ships cargo of
i've thousand bales cotton to obtain possession Of
one hundred or five hundred bales will put him to
| more costs and damages than he bargained for,
and he might require bond, sound and solid, for
the moderate sum Of one-quarter of million of dol
lars. The Captain Of the ship says to Mr. Sheriff
!" You can take the ship and cargo into your pos
session; give her up to you as prize, and hold
you accountable Well, suppose the Sheriff
chooses to proceed, breaks the hatches discharges
49, ~ VI Ivy Uhfes THE leYGet TO
select out the one hundred or five hundred bales
Fire takes place, and the entire cargo is burnt up
We should like to know how Mr. Sheriff win make
his retprn=not only his return to the plaintiffs or
vendors, but what sort OF return will he make to
Captain and owners Of the ship, whom he has de-
| priyed of freight money on 1850 bales cotton? As
the present cases before cur Courts cannot be de.
cided to the satisfaction of both plaintiffs and
claimants only under decision of the Supreme
Court, which may not be until the next year, or
November 1861, the general talk is that there viii
be about seventeen or eighteen lawyers employed,
and the Sheriff takes possession Of shin ana
cargo that the value Of five hundred or thousand
bales cotton can be readily consumed in costs
without the elements Of fire. The Ave days lien
law is so imperfect in is words that it is difficult to
construe it.
the general talk could la We any effect, it would
lead to settling this question on. side of the courts
at the same time, ID il highly mpor sant that de-
csion, a test on this lien law, should V had. The
detention Of ship and cargo entails L -emendous
costs on some parties. We cite the ship 'ohn M.
Wood, which cleared at Custom House on last
Friday, with 1915 bales cotton on board. a sew
hundred bales only are attached or seized; ba 7
whether the cotton is actually on board the ven
dor or claimant, we learn only knows from in
formation communicated by other parties. He did