Year: 1860

The gatherings on rue Carondelet yesterday were
on diminntiye scale. Summer weather is on us,
and it is becoming rather warm and debilitating
for the citizens of the hyperborean regions, and
they are leaving by every conveyance. There
were further accounts received by the Australian,
but as she is only freight boat, her advees are
not regularly enrolled. The Africa, of the 14th
from Liverpool, will be due at New York to-mor- !
row or the day after. Everything passed off very
quietly ON our flags yesterday, even the great cot
ton suits were, we may say, informally passed
over, except by an outside remark from friend of
Manchester spinner who ntimates that the said
spinner has few hundred bales of cotton on board
one of the ships detained intimating that he might
seek redress for damages and detention in the
United States Courts. This would be a costly pro-
ceedng to our Sheriff, who has charge of the cot
ton. One of the most important witnesses in the
suits now going on, says &c he cannot distinguish
the planters mark on the bales after they have
gone through the press y neither could score of
Philadelphia lawyers. From the testimony taken,


it appears main point to be aseertained is, the
delivery of the cotton. The weigher commenced
to weigh the cotton on the 30th of March, after
o'clock, but previous to the weighing the cotton
had been elassed and marked. This marking, of
course, was the shippers or shipping mark, or
the buyers mark, which was commenced on
the 29th, or the day before. 1t would be
reasonable to suppose that the cotton was de-
liyered to the buyer as fast as it classed the
chasing and qualities being deemed satisfactory
Then, of course, this cotton was in the possession
of the buyer on the 29th of March and on the
morning of the 30th Then the question may be
asked, what is deliVery2 One of the witnesses
af1irms that after cotton is marked and weighed it
is sometimes put back on storage. 1t can also be
said that not only sometimes it is put back, but it
is very often put back, particularly if the cotton
| has been bought for rise. But the most i'm
portant question is to prove when the fyeday lien
| law was operative-whether on the 29th, when the
| buyer received the cotton, classed it and marked
| it, or on the 30th, after the weighing commenced
The writ of sequestration is dated on the 4th of
| April. If the 30th of March is to be considered
| the day of delivery, this would give five "a hours


say l20 hours, up to II o'clock on the 4th or five
/ days including Sunday; but Sunday is not Judi


cial day. nor has it ever been considered So OF


course the time may come within the five DAYS,
| provided the delivery did not take place when the


buyer and his brokers received the cotton elassed
| it and marked it previous to Friday. the 30th.


Therefore the cotton in the hands of the buyer
| when he put his marks on it. Another witness


asserts that he sold on the 10Th March HOO bales


of cotton to the defendant, the buyer, but gave


nothing more to prove that the cotton was sold


than the list and an order for the press. Whether


this order did not cover delivery on the day il


was made the Goth, when the buyer went to class
ing and marking, is question having an import


ant bearing on the fve-day lien. However, the


talk on this boulversment and suit will pass off ii
| few days, particularly as we may have some


thing from Charleston to talk about or some ex


citing intelligence from Europe.


There were some movements in cotton going OIL


yesterday, which will be found nnder the usua


head. There was something doing in tobacco, bu