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GENERAL INTELLIGENCE‘

We regret to learn that the Rev. M. Pickles on his way to the lower Wesleyan Chapel last Sunday morning, was thrown down with much violence by a runaway horse, and fell under the wheels of the carriage which was attached to the horse, receiving severe bruises on the arms and legs, and only escaped more serious injury pythe merciful interposition of Providence.

e are happy to learn that the Rev. gen- tleman is rapidly recovering, and expects

to resume his public duties next Sabbath— d

Yarmoulh Herald.

.Cnmi:sr. Hinrrs.-Our domestic and personal habits of cleanliness make a visit to even it gentleman's family—-for such this was—very trying to ﬂesh and blood. It is hardly possible to imagine such a state of discoinfoit as this family presented. The reception room, about twenty feet square, was only about three parts boarded over, the other quarters being left for the stow- ing away of boxes, packa us, Sac. In this room was a square table. which would dine four, or, at a pinch, eight; iind half a do- zen old chairs, too much used to he du.~'t\', lined either side of the room. Adjoining this was the apartment for guests, which had one table, loaded with account-books, abacus, ink pallet, and tea tray, leaving‘ it small space of two feet by one for reading or writing at. It matters not which room we are in, that in front or at the side ; any member ofthe family, or indeed any stran- ger who has business with the family, has a perfect right to go in and out, to sit, stare, smoke, spit, Sec.

The women of the family are not ili-es.-oil nearly so neatl as a ct-ttager’s wito at home, and their habits of dirt and silt! lu- make lll|‘ln look iiiore wretched still. 'l'he_i

ll-\S7.At(ll'.* t.‘ ~.;".:f

change aller the empty ceremony of the rest ofthe family. Unless some important business is in hand, the hour of retiring to rest is earlier than with us, and we were not sorry to be left alone about eight o’c|ock. The rats over our mat ceiling kept up a constant rioting; but as they did not come near us, we di not experience such annoyance from them as from the-ver- min the night before.—Hmit’s Mach. Maw.

UNITED STATES-

As the period approaches for the Presi- ential election, the excitement seems to increase. Mr. Buchanan still occupies the highest position, chieﬂy in consequence of the State elections for Pennsylvania, which has twenty-seven votes in the Electoral College, being in favour ofthe democratic party, by a large uiajority. Ohio, on the other hand, which has twenty-eight votes, has gone in favour of the republican partv by an equally large majority; and the Fre- mont journals also aﬂl-ct to believe that the elections in November for the State of Pennsylvania, will show it different result from those which have recently teriiiiiiati-il; and they are sanguine of sticee.-s. " c Pi-esiili-t.tal election is comlitcti-d in the fol- lowiiig maniier, and our readers will see when and where the l‘t‘ltl strtigglc will take place On the first 'I‘ui.-.-da_v after the tii-st .Vlonday in November, the people. in the several Stat:-.- elect a certain number of ilectoi-s—‘.‘!lti in all— who iiicct oti the lirst \\'ednesday in l)oi:einber, and cast their votes; whoever is elected inn:-t ohtuiti H9 votes otit of 296. The whole iinntbcr of

NOVEMBER 5

r'!ASZAR.D’8 GAZETTE.

M-A-icdnosday. November 5,

I.‘ u 1,

William Thompson. complainant. and John 8. Brsninsr, Assistant Controller of customs, Defendant-

The Defendant in this case was tiken by a warrant, issued by the Mayor of Charlottetown, who is also a Justice oi the Peace for the County of Queen's County, and the matter was heard before the Mayor and Recorder on the 20th day of October last. The facts of the case as they then appeared are fully stated in the opinion given by the letter at the request of the former, which opinion we now give.

“ 'l‘his is a case of unlawful detention ofa cortilicateof Registry of a vessel. and is brought under the provisions of the 50th section of the Merchant Shipping Act ol'l854. The material facts of the case are as follows :—Tlie Coin- plainant claims to hold a vessel called the Rapid, under ii. contract of sale rom John M'I"adyen, the registered owner, which con- tract or agreement is now produced. lie has been legally appointed master, and as owner and master has been, as ho states, in the quiet and undisturbed possession of the Rapid from that time up to the 31st Sept. last. On Will?“ day he was arrested for dcbt and conﬁned In the jail of Charlottetown, where he has been ever since and now remains On the l0tli Oct the Defendant (llremner) accompanied by Mr. John lugs, came to Coinplainant in jail and dctii-.in«.l.-tl the Certificate of Registry, threat- ening hint with it penalty of £100 Sterling, if he persisted in his refusal to rive it u t: that t,‘oinpl.tinant accordingly handed the Certificate to llefcnlt with an injunction, us he says, not to let‘. it out ofhis hands or have anything written on it : and after having exacted a promise that

votes in the .-|:ivc—ho|di-ig States is 1'20, and in the free States I76. The slave States, tlii:i'ef-tie, it will he plainly seen, have not sircitgtli sullicient in theiuselvi-s to ietutn thrir t2‘llltll(l(ll0; but nevertliele.-‘s tlu-_v gciicinliv tiniuiige to sitcci-ed in their

may be found in the kitchen, or in sonn- other outer room that they have access to, idling awtiy their tiuto. Useful llt‘t‘tll(‘- work among the ladies ot' :1 family is aliu--.-t unknown; man tailors are generally lIll't‘tl to do”':iil the woik that the iiiothi-r and dauglitet-~-, or the wotnt-it servant.-‘. wotild. with us, easily accoiiitili.-li. As to books, they are quite oiil of their pi-ovitirr. A woiiittii able to read would be a wonder, even in it place of ten thousand or twenty thousand inhabittiitts. the mas.-‘es has not yet so much as touched them. In this, as well as in many other respects, they retain the cliaraoteristics which belong to the nations of the East. We had with us some copies of a valuable work on ilio Evidences of Christianity. One ofthe sons, himself it scholar, beg_

a copy, and then gave it to it little nephew of six years old, who could not oven read the title of the book. I knew the boo would linve but little chance in the young urcliiii’s hands, and would gladly have re- called the present ; but such a step would have been rude, and done more harm than good, so I could only hope that his uncle

'13 G G.

might take it from him, and put it on his bookshelf. In this family, as in all others

with which, during my sojourn in China,

have become acquainted, there is an utter absence of all useful reading—i'eading for

pleasure, to instruct the mind, awaken the right feelings of one’s nature, and enlarge one’s views. ooks of this kind are 0 course rare, but the habit of reading is rarer; which is evidenced in all family arrangements where no books are seen lying about to tempt the visitor; and also in travelling arrangements, where it is a very rare thing for a scholar to take any books or Implements of writing with him on his journey. There was a cousin of my host's, whom I had seen on ll. former oc- casion, who showed considerable acquaint- ance with geography and history, and who seemed an exception to what is stated above, reading for information, and gladly making use of such books of general science as came in his way. He had also shown some interest in the subject of religion, and had written a few lines of con ratulation on the occasion of my former visit, concluding with a few stanzas of poetry expressive of his joy at hearing from my lips the way of salvation. He was supporting himself by the proceeds of s smsl shop, and, in the course of the afternoon, made his appear- ance. With him I had half an hour s san- slblo conversation. which was a welcome

The ediictitioii of

object. This year, liowever, the question

E-'1'.-'luvrt-y - r no slavery is placed as a dis- t~:.-i issue l.et'~i-o tho ptmplv, and it is ini- 'p -.~.-ihle to tlc line the i'i~.-tilt.

It appears that tlilt‘l' till that the (ft-ixtriil ,_\inericaii q'tt'Sll0ll is not soeoinplctcly ail- jttstt-d as was gt-iii-i-silly tiiiili-i~-tood. An ljllll-(‘Cl States Coininissioncr nppniiztril to enquire into the circuinstances under which the |li1SSt'lIgt'l'.~' of it Railway triiiii were set upon and piilngrd, on their proy_»rcss ilt'l'U.~‘ﬁ the Panama route, reports as his opinion. that the Aiiierican Government ought at otice to take possession of the entire isth- mus. It is added that this cool proposition has found favour at \Vasliiugioit, but from the indignant tone of the lﬂnglisli prcss— the Times especially-—thc British Govern- ment will nc\cr consent to it.

The fillibu_-ti-r and lISlll'|)t‘l' \\"alltci' has gained anoih:-r battle in Nicaragua, with a very triﬂing loss It is now said that the American l\Illll-‘l(.‘l' openly i-tyiiiptitlir/.es with him, and that he has publicly declared ltiin- sclfheart and soul in favour of his govern- ment. He expressed his belii-fat the same time, that Nicaragua would ultiitiutely become a star ofthe North Aiueriizan Coti- federacy. Tlir policy of the tioverniiicut of the United States is pretty evident. In return for the support received from Presi- dent Pierce, \Vallu-.i~, by a decree, has legalized slavery, although heretofore pro- hibited in all the Central American States.

The forgeries of Charles B. Huntington, which we reported last week, amount to over $400,000, nearly all of which lind been deposited as security for money borrowed.

Bishop Henry U. Onderdonk, who lins been suspended from the exercise of epis- copal functions for the last twelve years, has been restored by the House of Bishops at the General Convention. The vote t'or the immediate and unconditional remission ‘of the sentence of suspension was passed alter along discussion, 2| to 8 The ini- nority were the Bishops of Virginia, Kon- tucky, Ohio, Georgia, Virginia, Massachu- settes, Mississippi, on South Carolina. The Bisho s of Connecticut, New Jersey, Maine, lorida, and California were absent.

Tan LA_W or Sroairs.—Tlie man, who, when there is a domestic storm, steps in between man and wife, is as bad as he who, when it's rsinin violontl , walks between two dripping um rellas, or he cts protect- od neither by the one or the ot or, but on the contrary catches it ll-om both sldos.

it should he returned to hitii. A deuiund has ,l)t'Cll duly made on the l‘cfcnd.int. who stated, ‘that he Lad parted with the errtilicute to Mr- , ohn lugs. I'nder these eircuinstances the ‘l/‘ttllllilillllttltt insists that the Doll-nd:int has 'ltltltl-.~ E-itnself liable to the penalty of .Llll0 Stcrlirg. under the tilt‘: Section of the .\I~>r- chaiit shipping Act, of lt~'5<l." “ii the part of tlio I).-lcndniii, it is stated, and it is not denied by the lioiiiplainzitit, that Mr. James You had it -rcvious iiiortgti,-,;c oti the Vessel, that You assigiieil that mortgage interest .to lugs, and that it was for the purpose of having this ussigiiinent legally coiup etetl, that ‘tho Certilicato ot llcgistry was detnanded front ,the t7unipl:iinu.nt, and so fir this is a eoinpleto ‘answer on the part of the llcfendant. Yco had ‘it right to assign, and the l)cl'cndant was the ‘proper person to demand the Ct.'l'llllL':l!t\, and iit was the ditty of the Coinplaiiiaiit to give it gap, and had be refused, he would undoubtedly lntve been liable to the penalty of £100 Stet-liiig, for such detention. "ten comes the question, had the Deliindant (Breiiiner) it riglti to retain it after a demand for it. re dclitcry made by the person from whom he received it, and is he liable to the penalty of J..'l()0 for liuving parted with it? The C-iiiiplaiiiaiit rests his claim to the posses- sion of the Schr. Rapid u )0“ two grounds. lst, That he is the f/Oild ﬁde owner and the person in possession of the vessel. 2d, That tie is the .\i.-isttr. ’l'o prove that ho is the owner, he produces the agreoincnt or contract of sale above alluded to. 'l‘liis, it appears. ,is merely an agreement to sell, provided eortaiii conditions are previously complied with, which conditions, it is admitted, was still unfullilled; and no transfer of ownrr- sliip either legal or equitable has tlicrefoie mined from .\l‘I"adyen to the Complainant, Tlioiupson. He has no claim to the possession of the Certiﬁcate of Registry on the score of ownershi . Is he then entitled to it as Master? ’I‘lie 5 th Section the clause in question states, “ that the Certilictito of Regis- try shsll be used only for the navigation ol the ship.” Now. can in master of aship who is in the custody of the law, closely conﬁned in a rison. not able even to visit the ship, can a be said to have a title to demand the Certi- ﬁcate of Registry in order to be used b him for the navigation of the ship? The thing is absurd on the face of it. Is not this the very case or one of the cases conteniplntcd by the Act? Here is the master incapable of naviga- ting the ship. shall he be entitled to retain the Certiﬁcate of Registry and prevent any other person from being appointed in his lace? And this leads to the question, how ar the mortgagee liss a right to interfere! The 70th Section states, that the mortgagee shall not be considered as the owner except as in this case, for the purpose of securing the payment of the mortgage mono . The counsel for the Com- plsinant has in sundorstood the import of this clause. It is intended to protect mort sgeos- to strengthen, not to weaken thsiro aim. mor s when he enters into sales, is in s ' rest position from that w are he holds the mortgage as a non lion for money sdvsn , in possession he remains virtually the owner. Suppose the sh.lp dssortsd by the master, the vessel abandon by him, would it not be com- potent for the mortgages to tabs possesst

> in-

“,0! £100 Starling upon tlioolost 01'

and appoint another person master! When . master is prevented by the operation of the law from performing his duties, when he is inea. pablc ofgoing on board the vessel and acting as master, however unfortunate it may be for him, the contract between him and the owner is dissolved. he has ceased to be the master,

he mortgagee enters into possession, as he had a right to do, and he appoints a new mas- tor, and this he has a right to do. This

roceedin is to punish a public otliesr,

or ii. dare iction of duty, to impose u on him fl penalty to the extent of £100 Sterling, and before the Court can impose this heav penalty it must be very certain that he as done wron . [At us see how the matter stands 2 The oﬁicer receives in a legal manner the Certiﬁcate of Registry from the master. The mortgagee shows that the master is not inn position to enter upon his duties as such, that the vessel is lying idle, to his great detriment ; he deinanda to have the name of another per- son indorsed upon the Certiﬁcate of Registr , this is done and the vessel proceeds to son. Iyn all this the ollicer has done his duty, and no more, and I am of opinion, that lie is not liable to the penalty sought to be inllicted."

'I‘lio Mayor. or rather Mr. llutchinson, for he referred giving his conviction aslustico of the once, stated. that he took it dilfcrent view of

the case from the Recorder, his was a more equitable, and as he thought’, a. more legal view of the affair, and was of opinion, that Mr. Ilrcinitcr was not entitled to refuse to give tip the Certiﬁcate of Registry when demanded by Coiupluinant Thoinpson, and that ho was guilty olti. breach of faith in giving it to lugs, and therefore sentenced the I)ol'-riidiitit to pay the penalty of £l00 Sterling forthwitli.

The case \v.ts afterwards removed by certiorari into the Supreme Court, lllrllutohinson having refused to grant an appeal. It was according- ly fully gone into this last term before his Lordship tho Chicfdustico. Tho llou. the At- torney Uciicral an John Longworth, lIsq., appearing for the I’lnintill' in error (Bremticr) and Iloii. Chas. Young, Q. C., and 'l.‘lico. Stew- art, I'Isq., for l.)t-fenduiit ( l‘honipst)n), and after a long and patient hearing, his Lordsliip gtivo jndgiucnt. It is proper to state. that on the part of the I)CfL'lItltlllb (Tlioinpsoit), it motion was made to qua.-‘li the writof eertiorari on the ground that six day's notice had not been given to the iiingistrate its l‘<.'ll|llI't'd by English statue. Ill tin.» 2, c. 18, but this was overruled. and as this part of the judgment is not likely to interest the general reader, \vc have omitted it. some questions were raised as respected the \‘:iI'lttlIt'0 between the summons an conviction, but the t'ourt hating made up its iuiiid on tho iuorits of the c.isc,declincIl giving any opinion thereon. The folloivipg contains the opinion of the Court on the merits and thejud,-gincnt pronounced :

“ The facts, said the learned (‘hicf Justice, are few and sim lo, and not disputed on either side. John M‘ ‘udyen, the registered owner of the Schr. Rupi¢l,ot' this port. inortgttgos tltc whole vessel to Jas. Yco, for .t.'l‘Jt|. and this inert- gage is duly entered in the Book of Registry, an endorsed upon the Certilicato ofltegistry.

co as soloiuortgagec under the 71st section of the Merclinnt Slit ping Act, 17 and 18 \'ic. cap. 10-1—a~' he legally might—-sclls the vessel to John lugs, who by the operation of that section became the legal and absolute owner of the vessel, and had the right to the custody of the Ilegistcr. lugs produced hi! bill of sale to the plaintilf in error, as Assistant Controller and Keeper of the Book of RCgl3l|'}'v makes the declaration of ownership require by the 47tli Section of the Act, and requires hiiu to endorse the Certiﬁcate of Re istry. 'l.he plaintilf, as such oﬁicer, under and y vir- tue of the 45th Section of the Act,which au- thorises liiiu to do so, demands the Certiﬁcate of Registry from the defendant in error, Wm. 'l‘liompson, then in jail for debt,wlio was the master of the vessel, and who claims to hold 13 as such iinistcr, and by virtue of an agreement -—not endorsed u on tltc Register, nor entered in tlto book of I egistry—lie had entered IMO with ltl'I"adyen, for the purchase of the iesseli which he alleged was verbally recognized by Yeo, the mortgagce—'I‘hom son on demand delivers the Re ister, conditionally, as he Il- ledged to be held for him, but which is 31- lively denied by Breniner tho otlicoi-and_ rigs. and if true, would be quite iuituaterial to Bromncr, the oﬁicer, and whioli, if he had re- fused to do, would have rendered him liable to nslty of .9100 Sterling, under the 69th Section of the Act before mentioned, Wlﬂoh authorises the olicer to make the _dsnisnd. 'l‘he oﬁioer having obtained the cortiﬁcato_0 Registry from Them ii, had in my opinion a right to hold it against any . against lngs, who had alone the ri mand it from him, and il'Bremner t s o 001' had rodslivsrcd the Register to 'l‘tioinpso|Io

s Thompson, had refused to dsl vol’ logs on demand. he would have but: lil 0 90 a penalty of £100 Starling, under Section of the Act, the some section in bet, on which by some ssti-ssndisury ‘ ""'- §'.‘:.°:?"°‘l}" ""m“..."..:.'“'°':'a‘::

D D” II °° °' rotsslng