fallen off at the expiration of the first three months ? and, 4th. If the terms of the contract had been in other respects complied with, did it appear that the plaintiff was discharged at a proper and legal time, in, asmuch as the first three months expired on the evening of the sixth of December?

The jury rendered a verdict for the plaintiff of sixty-five dollars, dam. ages and costs.

SALVAGE CASE.

In the United States Circuit Court, Judge Thompson presiding, an im. portant decision was made in the case of E. Hope and others vs. the brig Dido, her tackle and cargo. The report is compiled from the Journal of Commerce. The law decisions of that journal are generally very correct, and can be implicitly relied upon for their fidelity. The main question involved in this case was, whether a vessel which had lost her rudder, but was capable of being steered by her sails, was to be considered wholly unnavigable, and was in such a state that the pilots who brought her into port were entitled to salvage, or to be paid only as pilots.

The Dido left Rochelle, in France, for New York, on the fifth of De. cember, and on the second of February she lost her rudder; from which period until the fifth of March she was steered by her sails. On that day she was fallen in with by a pilot boat, which boarded her between Fire Island and the Highlands, and inquired if she wanted a pilot, to which the captain replied in the affirmative. The pilot remarked to the captain that his vessel had lost her rudder, and asked two hundred dollars for bringing her into port. The captain refused to give so much, and the pilot intimated to him that unless he would have the pilot boat to tow in his vessel, he, the pilot, would leave her. The captain consented to this proposal, and the brig was taken in tow by the pilot boat, and her sails were used to steer as before until she came under the Highlands, where she cast anchor. The ensuing morning, the sails of the brig were again set, and the pilot boat continued ahead of her until she came to Fort Diamond. From this place a signaľ was made for a steamboat, which went down from the city and towed her up. The vessel and cargo were then relinquished by the pilots, and some difficulty having afterwards occurred in relation to the compensation claimed by them, they brought the matter before the Board of Wardens, who adjudged one hundred and sixty-two dollars as compensation for their services. From this decision the pilots appealed to the Recorder, who adjudged them about seven hun. dred dollars, which the parties concerned refused to pay them. The pilots then libelled the vessel and cargo, and claimed salvage on their value, alleged to be about $130,000. On this claim for salvage, Judge Betts awarded them between three and four hundred dollars, or about one half the sum which had been awarded them by the Recorder, and discharged the claim on the cargo of the vessel, with costs. From this decision both parties appealed to the United States Circuit Court, and Judge Thompson overruled the decision given by Judge Betts, and decided that this was not a case of salvage, and was only a case in which the pilots were entitled to extra compensation for pilot duty. He therefore awarded the pilots only one hundred and sixty-two dollars, which had been adjudged them by the Port Wardens, and without costs, as the parties interested VOL. 11.NO. II.

22

in the vessel had offered to pay that amount, and the pilots refused it. The court also ordered, that the claimants for the cargo should recover their costs.

ART. IX.-ANNUAL REPORT OF THE MERCANTILE

LIBRARY ASSOCIATION.

(We have concluded to enlarge the present number of our magazine, for the purpose of laying before our readers, entire, the nineteenth annual report of the Mercantile Library Association of New York. It will, we think, be read with interest by all who have at heart the welfare of an institution that promises so much for the moral and intellectual improvement of the mercantile character of the great commercial emporium of our country

It is matter of regret that the spirit and zeal manifested in the establishment of institutions of this class, often flags when their novelty ceases; but those who will take the trouble to trace the rise and progress of this association, will find that its advance has been steadily and rapidly onward. Indeed, its volumes, members, and resources, have been daily augmenting, and, notwithstanding a season of unusual commercial embarrassment, the report exhibits a greater degree of prosperity during the past than in any preceding year.

The character of the president and directors of the new board, for energy, efficiency, and intelligence, gives assurance, that nothing will be wanting on their part to carry out the views of their predecessors, and advance, with the same laudable spirit, the best interests of the association. The report of Mr. Ward, which follows, is an able and businesslike document, alike creditable to the author and the association.]

REPORT.

The close of another year in the existence of our Institution, brings with it the agreeable duty of giving a report of our doings for that period. But, before entering into detail, we may pause for a moment to congratulate you upon the prosperous condition in which they will show us to be placed.' We have not, indeed, reached the highest attainable point of excellence, in the formation of plans for the accomplishment of the great object had in view by the founders of the Institution ; but, in other respects, we have matter rich and abundant for hearty rejoicing. We congratulate you upon the possession of a Library seldom equalled, and rarely surpassed ;-a Reading Room furnished with the periodical litera. ture of nearly all England and America, and with the most ample conveniences for perusing it;-courses of Lectures of peculiar brilliancy, whether you regard the arrangement and discussion of the subjects, or the elegant style and diction of the distinguished men by whom they are delivered ;-in fine, we congratulate you upon the establishment of Literary and Scientific classes, and whatever other means of improvement have already been adopted. The pleasure of present success is not a little heightened by a comparison with the past. If we revert to the earlier periods of our history, -a short, but eventful space,--we shall find still higher gratification in contrasting what we are with what we were. We shall have the joy that accompanies the triumph of wisdom over folly; of perseverance over discouragement; of growth over neglect; of success over opposition. The future, too, presents a prospect of increasing delight. "Judging from what we have done, what may we not expect to do? The path to eminent utility and fame lies through a country not difficult to be cleared; but the pioneers must be judicious in the choice, and energetic in the use, of the means selected for the accomplishment of their task. These are the requisitions for prosperity in the important work be. fore us; and in the virtue and intelligence of our members we trust they will ever be found,

From this general view of our condition, which affords so much matter for gratulation, we now proceed to a statement of our proceedings during the past year.

LIBRARY.

Soon after entering upon our duties, we directed our attention to an examination of the Library, in order to ascertain in what departments of learning the greatest deficiencies existed. A slight investigation proved sufficient to show, that in works upon the several sciences, general history, and geography, it was, though moderately supplied with the recent popular treatises, still much wanting in those of a more extensive and profound character. Accordingly, measures were taken to procure, as far as our means would admit, the requisite supply, and thus to give greater uni. formity and completeness to the several departments. With this view, in the early part of the year, an order, comprising about 450 volumes, chiefly works published during the last few years, was transmitted to Messrs. Smith, Elders, & Co., of London, accompanied with a remittance of £200.

A large number, also, of very valuable works, and well adapted to our library, has been obtained through the instrumentality of Mr. Charles Welford, to whom we take pleasure in acknowledging our obligation. This gentleman, during his stay at London in the early part of the year, made for us a most judicious selection from the stores of literary and sci. entific productions there only to be met with. For a list of these we may refer generally to our catalogue, which bears ample evidence of his well directed exertions. We may be allowed here to mention a few of the most valuable obtained from this source, viz: The Monthly Review, in 204 volumes; The Eclectic Review, in 66; The Transactions of the Society of Arts, Commerce, and Agriculture, in 47; The Philosophical Magazine, in 88; Journal of the Royal Institution in Cobbett's Parliamentary His. tory of England, in 36 ; Murray's Family Library, in 64; and Annual Obituary, in 21 volumes. Respecting the character of the works added during the past year, we believe it to be such as will reflect credit upon the institution, and increase its reputation for usefulness. We feel gratified to know that our efforts have been duly appreciated by those who have sought the benefit of a perusal of these volumes; and to find, in the di. minished demand for books of a light and trivial kind, what we esteem a very substantial proof, that nothing is wanting to diminish the prevailing taste for superficial reading, but a liberal supply of those works which combine instruction with amusement.

To give the members easy access to all the new works added to the library, seemed to require an additional supplementary catalogue, which, by embodying the one prepared last year, would contain all the additions made since the general catalogue was published. The work of arranging it was intrusted to Mr. Thomas Delf, who has accomplished the arduous task in a manner creditable both to himself and to the institution. The board of direction in 1837, had a large edition of the general catalogue printed ; 1000 of which still remained unbound. It was therefore deemed advisable to have those bound up with the supplement now prepared, to facilitale their disposal ; and also have a sufficient number bound separately, for those who are in possession of that catalogue. This will afford a ready index to all the books now in our possession.

Various improvements have been made in the library and reading-room, from time to time, as the necessity has become apparent, to facilitate the convenience of the members. At the period of the last annual report the library contained

18,323 vols. Added during the past year, by purchases,

3,527 vols.

« donations, 56 Total during that period,

3,583

Making the whole number,

21,906 now in our possession. Besides the addition of new works, made during the past year, there have been 1814 volumes rebound, in a neat and durable manner.

While on this subject, we may remark, that the abuse of books has been a cause of much complaint, and for several years past, been noticed in the reports. We are happy in being able to say that this practice has nearly, if not entirely ceased. The committee appointed by the board, in conformity with the constitution, to examine the books and property of the association, report, that not a single instance of wilful abuse of its property has come to their knowledge. The eradication of this evil has been ar. dently desired; and, in future, we trust, there will be no cause of complaint on account of the mutilation of our common property, in which we all have an equal interest.

READING-ROOM.

This department is now well furnished. We have continued to supply it with foreign and domestic periodicals as far as our resources would admit. It now vies with the best in this country. Periodical literature is both of a useful and instructive character. It presents the views of living writers, embracing in its range all the new discoveries in the arts and sciences, besides much miscellaneous matter only to be found in such publications, and combining, as it were, “the very age and body of the time.” The reading room now contains one hundred and fifteen European and American Periodicals. The constant attendance of the members fully attests the popularity of this branch of the institution, and conse. quently, that the treasures of knowledge it contains are sought after and appreciated.

MEMBERS.

The number of members added since the last report exceeds that of any preceding year. This constant accession gives additional evidence, that the advantages afforded by the association are duly appreciated, and leads us to indulge the hope, that at no distant period we shall have all who are entitled to admission numbered among us.

The whole number of members, according to the last annual report, on the 1st of January, 1839, was

4,527 Added during the past year,

1,097 Deduct withdrawals for same period,

323 Nett gain,

774

Making the total, on the 1st January, 1840,

5,301 There are of this number 4,901 at $2 per annum, 124 who pay $5 annually, and 278 stockholders of Clinton Hall Association. Of those first mentioned, but 3,652 are regular paying members.

It is proper to observe, that of the number required to pay $2 annually, there are 715 whose accounts are suspended, and, as there is no power vested by the constitution in the board, by which either payment may be enforced or delinquents expelled, in each annual report must appear a number of barely nominal accounts, which is yearly increasing, and will probably continue to, unless there is some provision made for the expul. sion of members who shall have neglected to pay their dues for the period of one year. This would have a tendency to diminish the number of bad accounts, and obviate the necessity of including them in the reports. The firm foundation upon which the institution now rests, renders any artifi. cial view of its affairs unnecessary. The new constitution about to be presented for your approval, contains, we are happy to say, a salutary clause in reference to this subject.

TREASURY.

By reference to the Treasurer’s Report, hereto annexed, it will be seen, that our financial condition has also been greatly improved. This is gratifying, as it has enabled the directors further to extend the usefulness of the association.

The total amount of receipts for the past year, is $9,209 01. For a statement of the receipts and disbursements for that period, we refer to

that report.

But while we are thus enabled to congratulate you upon our increased resources, it becomes a less pleasing duty to state, that, within the last few years, that individual liberality which contributed so largely, in our early history to the extension of our library by donations, has been constantly diminishing. This is much to be regretted, as, when we reflect, that a single volume presented by each member, (which would scarcely be missed by the donor,) would make a number in the aggregate equal to the purchases of a whole year.

To those who have kindly contributed donations of books, minerals, and autographs, and to the Messrs. Smith, for the donation of a splendid clock, manufactured by them expressly for the association, we offer our sincere acknowledgments. Among the donations of autographs, we take pleasure

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