Page images
PDF
EPUB

balance, and the present action was therefore brought. On the part of the defendant, it was submitted that the plaintiff could not recover, there being a custom in the coal trade by which the mode of payment was part in cash, and part in two months; and that the action having been commenced within four days of the specified time, the verdict must be for the defendant. Mr. Coles Child, a coal merchant, stated that the usage of the trade as to payment of freight was, to pay the master what money might be necessary for the disbursements of the ship while discharging the cargo; to pay one third on the next market day, and then to give a bill at two months' date for the remainder, such bill to be transmitted to the owner, with the ship's accounts. Lord Abinger left it to the jury to say whether the words "as usual," in the bill of lading, were intended to apply to the custom and usage of the trade which had been stated; if so, they would find for the defendant; otherwise, for the plaintiff.-Verdict for the defendant.

LEGAL RATES OF INTEREST IN THE DIFFERENT STATES AND TERRITORIES.

[blocks in formation]
[blocks in formation]

On tobacco contracts, 8 per cent. Usurious contracts void.
Forfeit double the usury taken.

N. Carolina,
S. Carolina,
Georgia,
Alabama,
Mississippi,

8

[blocks in formation]

6 per ct.
7 per ct.

per ct.

8 per ct.

8 per ct.

7 per ct.
6 per ct.

[blocks in formation]

Contracts for usury void-forfeit double the usury.

Forfeit of interest, and premium taken, with costs to debtor.
Forfeit of three times the usury, and contract void.
Forfeit of interest and usury.

By contract as high as 10.-Usury recoverable in action of
debt.

Bank interest 6; conventional, as high as 10; beyond, con-
tract void.

Usurious contracts void.
Usury may be recovered, with costs.
Usurious contracts void.

On written agreement may go as high as 10; penalty of
usury, a fine of double the excess.
Three fold amount of the whole interest.

By agreement as high as 10 per cent. If beyond, forfeit of
whole interest due, and of the usury taken.
Forfeit of the usury taken, and one fourth the debt.
By agreement, any rate not exceeding 10. Amount of usury
recoverable, but contracts void.

Usurious contracts void.

Forfeit of interest and excess, in case of usury.

8 per ct.
7 per ct.

By agreement not exceeding 12. Forfeit treble the excess.
By agreement as high as 12. Forfeit treble the excess.

7 per ct.

IF On debts or judgments in favor of the United States, interest is computed at the rate of 6 per cent per annum.

THE BOOK TRADE.

1. Observations on the best means of propelling Ships. By ALEXANDER S. BYRNE. 8vo. pp. 48. 2d edit. New York: 1841.

This is a pamphlet of more than ordinary interest to nautical men-explaining and illustrating, as it does, the new method of propelling vessels by steam, invented by Capt. Erickson. The experiments made with the war steamer, Robert F. Stockton, which was constructed for the purpose of testing Capt. Erickson's propeller, have been entirely successful; and the secretary of the navy has ordered one of the six war steamships now constructing, to be provided with the transversal ship-propeller. The Messrs. Glovers, who are among the most enterprising shipowners of this city, are also introducing the propeller into their packet-ships; and should the results obtained by these experiments upon an extended scale, equal the expectations raised by the facts already ascertained, we may date a new era in steam-navigation from the invention of Erickson, and the improvements of Capt. Stockton. The ship-propeller of Erickson is an improvement upon the principle of the Archimedian screw, probably suggested to the mind of the inventor by witnessing the successful operation of the spiral-vent water-wheels, as they are termed, used by many mill-owners in New England. The wheel moves entirely under the water, its power being in fact increased by the superincumbent weight upon it. The propeller is placed in the stern of the vessel, the shaft and wheel being entirely under water, and therefore possessing the advantage over the paddle-wheel, that its power is not wasted by the heeling of the ship in storms. It is so constructed that it may be applied to any ship without any alteration of her stern. The propeller consists of a broad thin hoop of wrought iron, of greater or less diameter, according to the power wanted, supported by arms of iron, attached to a central shaft, passing through the run of the ship. To the inner circumference of this hoop, are affixed a continuous series of spiral plates or planes, placed at an angle which serves to propel the ship forward the moment the power is applied. The whole apparatus is exceedingly simple, economical, and safe. And having ourselves witnessed the power of the spiral wheel, when applied to mills and machinery, we have full faith in the ultimate triumphant success of the same principle applied to the purposes of propelling ships. It is a subject of great importance, and the pamphlet of Mr. Byrne is, therefore, very acceptable at this time.

2. The Life of De Witt Clinton. By JAMES RENWICK, LL. D., Professor of Natural and Experimental Philosophy and Chemistry in Columbia College. New York: Harper & Brothers. pp. 334. 1841.

Among the names held in grateful remembrance in the state of New York is that of Clinton. For forty years, individuals of that name have filled the office of governor, and for nearly thirty years, George Clinton and his nephew, De Witt Clinton, stood at the helm of state. General James Clinton, the father of De Witt, and Col. Charles Clinton, the grandfather, also served in various capacities in the colonial and state administrations. But De Witt Clinton, more than either of the others, has left the impress of his great mind upon his native state. We rejoice that even a condensed biography of him has at length been given to the public. It is not as ample as we could have wished. Professor Renwick's work is, however, a good outline of the life and character of that distinguished man. We hope, however, yet to see a larger biography, in which De Witt Clinton may often speak for himself in his own beautiful language. We would suggest to the publishers whether it would not be advisable to follow up this biography with a selection of his writings. A volume of his addresses would be a very acceptable offering to the friends of that great man, and to the public generally.

3. Goethe's Correspondence with a Child. In two volumes. First American, from the London edition. Lowell Published by Daniel Bixby. pp. 324-349. 1841.

The volumes whose title we have named, purport to be a familiar correspondence between the great German poet and a child, and the letters are written in that style of high-toned idealism which we must confess seems to us obscure and not easy to comprehend. If we should describe their prominent trait, we should define it the highly wrought romantic. Abounding in much beautiful imagery and that spiritualism which is so striking a characteristic of the German authors, they may be considered a fair specimen of that cast of literature. We might quote many passages which evince the most exquisite poetic appreciation. But they are conveyed in such a peculiar form of expression that they are destined, we think, to be popular only in the small circle of German scholars which exists in this country. One singular fact connected with the work, is the circumstance that it is issued from a press of the city of Lowell, which certainly seems to be prolific of German literature, as well as in cotton fabrics; the present being the second work from the same author which has been published in that place.

4. Religion in its relation to the present life: in a series of Lectures, delivered before the Young Men's Association of Utica. By A. B. JOHNSON. New York: Harper & Brothers. 18mo. pp. 180. 1841.

This little volume embraces five lectures, now published at the request of the association before whom they were delivered. The subjects are treated in a clear and comprehensive manner, and their freedom from sectarian peculiarities, as well as their practical application to the nature and condition of man, cannot fail of rendering them extremely useful. The clear sententious style of the author, and the simple but forcible illustrations of moral truth here exhibited, must, we think, render them peculiarly attractive. The author's avowed aim is to discriminate his subject from what is discussed in churches, and which, in his opinion, is too exclusively religious in its relation to a future life. "Our divines," he remarks, "looking at the unimportance of temporal evils, when contrasted with those of futurity, advert too rarely, as dissuasions against misconduct, to its temporal consequences." The Bible, however, details its temporal punishments miraculously, as by the destruction of Sodom and Gomorrah, the deluge, and the expulsion from Paradise.

5. Thoughts in past Years. By the author of the Cathedral. New York : D. Appleton & Co. 18mo. pp. 400. 8141.

The poetical productions contained in this volume have been written at various periods during the last twelve years. They breathe a pure and gentle spirit, and their tone and tendency is decidedly good; and although by no means remarkable as specimens of poetical power or genius, there is nothing in them offen

sive to a correct taste.

6. A Vindication of Classical Studies. By CHARLES H. LYON, A. M., one of the principals of the Irving Institute. New York: H. & S. Raynor. 12mo. pp. 48. 1840.

Mr. Lyon, the author of this little treatise, is, we believe, a popular and successful teacher, and he has given us, in a clear and comprehensive form, his thoughts on the importance of a classical education. It is well remarked by Daniel Webster, that "classical literature adds polished armor to native strength." But in all education, we conceive that especial regard should be had to the varying peculiarities of the mind; and those studies should be pursued, best calculated to fit the individual to excel in the department of literature or science for which nature seems to have designed him.

7. Letters of Mrs. Adams, the wife of John Adams: with an introductory memoir. By her grandson, CHARLES FRANCIS ADAMS. Second edition. Boston: Charles C. Little and James Brown. 2 vols. 18mo. pp. 199-278. 1841. We have read this work with unmingled feelings of admiration. We had always entertained an exalted opinion of the talents and character of that distinguished lady, whose fortune it was to be the wife and mother of presidents, and that opinion has been greatly strengthened by this perusal of her correspondence. We would like to see the book in the hands of every young person in the United States. Personally, we are specially indebted to her worthy and talented grandson for his able articles contributed to our magazine, but we return him our thanks in common with our fellow-citizens for this noble monument reared to the memory of his distinguished grandmother. As we recede from the revolution, we shall look back with more and more wonder and surprise upon the great interests that gave to it its form and direction.

8. The Artist's Guide, and Mechanic's Own Book: embracing the portion of Chemistry applicable to the Mechanic Arts, with abstracts of Electricity, Galvanism, Magnetism, Pneumatics, Optics, Astronomy and Mechanical Philosophy; also, Mechanical Exercises in Iron, Steel, Lead, Zinc, Copper, and Tin Soldering; and a variety of useful Receipts, extending to every profession and occupation of life, particularly dyeing Silk, Woollen, Cotton, and Leather. By JAMES PILKINGTON. New York: Alexander V. Blake. 12mo. pp. 490. 1841. The copious title, which we have quoted in full, furnishes a pretty good index to the volume before us, which is by far the most comprehensive work of the kind that we have yet seen. Mr. Pilkington, himself a practical mechanic, it would seem, has devoted a considerable portion of his life to the theoretical investigation of the mechanic arts, and the results of his study and experience are now published for the benefit of others. An examination of the volume will convince any one of the fact, that there is scarcely a practical man in the community, whatever be his own particular trade, but will find much in the "Mechanic's Own Book" suited to his individual wants.

9. Confessions of an Inquiring Spirit. MSS. Boston: J. Munroe & Co. This volume, consisting of seven letters upon the inspiration of the scriptures, we shall notice very briefly, as it belongs specially to the theological portion of our community. It is a justification of more rational views on this subject than are commonly professed, though we believe the secret faith of millions would accord with our writer in rejecting the plenary inspiration of the sacred writers, and holding fast instead, to the inspiration of prophets and apostles, and to the good faith of their record. Coleridge argues that the scriptures must be read rationally, and without prejudice. That a mistake in enumeration about the wars of Jewish kings cannot invalidate the facts of the apostolic testimony, nor the clear promise of God—cannot subject the Bible as a whole to the scorn of the skeptic and the rejection of the infidel.

By S. T. COLERIDGE. From the author's 1841.

10. Providence Illustrated: or interesting stories, from the German of Schmid. Translated from the latest French edition, by the author of the "Factory Boy." Boston: Saxton & Pierce. 18mo. pp. 155. 1841.

This little work has had, it is said, in Europe, a popularity proportioned to its excellence. Besides its circulation in Germany, it has passed through a number of editions in France, forming one volume of the French "Library for Juvenile Christians." Its freedom from sectarian peculiarities has doubtless increased its circulation in catholic and protestant families, and consequently, its usefulness. It is neatly printed, but the wood cuts, designed for illustrations, are not remarkable specimens of the art.

11. The Life of Commodore Oliver Hazard Perry. By ALEX. SLIDELL MackenZIE, U. S. N. In two volumes; Harper's Family Library. New York: Harper & Brothers. 18mo. pp. 322-270. 1840.

If we were requested to point out the naval officer who has earned for himself the title of the Nelson of America, we should without hesitation mention the name of Perry. With elements of character the most chivalrous, generous, enlightened and brave, he evinced through his short but eventful life, all those qualities that best become a commander in the naval service of a free country. In whatever hazardous positions he was placed, and they were many, he always proved himself equal to their utmost demands. The battle of Lake Erie, in which he earned the victory by a species of naval tactics, that, for cool courage and determined bravery has no rival in ancient or modern times, placed the crowning laurel upon his brow, and he sunk into his grave with a reputation unsullied by a stain, like a pure and brilliant star, whose lustre will live as long as the records of history. In these volumes the character of Perry has found a fitting biographer. Mr. Mackenzie, well known under another name, as the author of "A Year in Spain," is one of the most elegant and popular writers in the country, and he has here given us a biography, compiled from authentic sources, that will live.

12. A Discourse concerning Prayer, and the frequenting daily Public Prayers. By SYMON PATRICK, D. D., sometime Lord Bishop of Ely. Edited by Francis E. Paget, M. A., Rector of Elford, and Chaplain to the Lord Bishop of Oxford New York: D. Appleton & Co. 18mo. pp. 302. 1841.

The writings of Bishop Patrick are deeply imbued with the spirit of an unobtrusive, but fervent piety. They possess more of the Christian than of the sectarian spirit; at least such is the character of those now in the course of publication by the house named in the titlepage appended to this notice. The artless, simple, and even elegant style in which they are written, has charms which will render them attractive to a correct taste and cultivated mind. The mechanical appearance of the Oxford publications is in keeping with their standard value.

13. Old Humphrey's Observations. New York: Robert Carter. 12mo. pp. 258. The author of these observations is evidently a kind-hearted old gentleman of reflection, with a mind deeply imbued with the true philosophy of life, and the spirit of our holy religion. His observations on a great variety of subjects bear the impress of a philanthropic mind. They are written in a plain sententious style, and abound with just sentiments and wholesome advice. No one, we think, can take up this book without deriving profit as well as pleasure from its perusal. We were particularly pleased with the observations on "Every one's minding his own business," on "Money," on the "Abuse of riches," and on the "Letter I by itself I."

14. Browne's Banking and Mercantile Tables. New York: George F. Nes

bett.

1841.

This work, which we had occasion to mention in terms of commendation a few months ago, has been reissued in an improved and augmented form. It embraces tables of interest of all the legal rates in the Union, predicated both on 365 days or 12 months, and 360 days to a year, and a variety of other tables of useful matter. This work has been examined and approved, as tests of accuracy in calculations in interest and exchanges, by Samuel Ward, Esq., of the house of Prime, Ward & King, Messrs. Cammann, Whitehouse & Co., and J. A. Perry, Esq., of the house of Le Roy & Perry, all of New York, to whom reference is given.

« EelmineJätka »