by writings executed at their due time, with the solemnities which the ordinances of matriculation prescribe.

Eighth. The amounts for the outfits, apparel, and victualing of the ship, by invoices of those who shall have furnished the same, with a receipt at the foot from the captain, and with an order from the naviero, provided the invoices shall have been registered and copied in duplicate in the registration of the marine of the port from which the vessel proceeded before her sailing, or where she shall have last stopped, within eight days following, or immediately after it.

Ninth. The loans on bottomry by the contracts executed according to law. Tenth. The premiums of insurance by the policies and certificates of the brokers who intervened in the contracts.

Eleventh. The credits of the shippers for defect in delivering the cargo, or the averages occurring on it by sentence, judicial or arbitrarial.

599. The creditors, whoever they may be, from the title mentioned in article 596, shall preserve their rights, facilitated against the vessel, even after she has been sold, during the whole time which she remains in the port where the sale has been made, and for sixty days after she shall have sailed, being dispatched in the name and for the account of the new proprietor.

600. If the sale is made at public auction, and with the intervention of authority judicial, under the formalities prescribed in article 608 of this code, all responsibilities of the vessel in favor of creditors shall be extinguished from the moment in which the bill of sale shall be executed.

601. If a vessel shall be sold standing on her voyage, the said creditors shall retain against her their rights expressed, until the vessel shall have returned to the port in which she was matriculated, and for six months afterwards.

602. While the resposibility of the vessel shall remain firm for the allegations detailed in article 596 of this code, she can be embargoed at the instance of the creditors, who shall present their claims in due form, in whatever port she may be found, and her sale shall be proceeded in judicially, with the ordinance and citation of the captain, in case the naviero shall be found absent.

603. For whatever other debt the proprietor of the vessel may owe she cannot be detained or embargoed, except in the port of her matriculation, and the proceedings shall be had against the proprietor himself, giving him the first citation at least in the place of his domicil.

604. Neither shall any vessel loaded and dispatched to make a voyage be embargoed or detained for the debts of her owner, of whatever kind they may be, except for those which he may have contracted to fit her out and provision her for the same voyage, and not previously; and even in this case the effects of the embargo shall cease if any one interested in the expedition shall give security sufficient that the vessel shall return to the port in the time fixed in her license, or that if this return shall not be verified for the reason of any accident which may be fortuitous he will satisfy the debt so far as it may be legal.

605. Foreign vessels anchored in Spanish ports cannot be embargoed for debts which have not been contracted in the Spanish territories, and for the use of the same vessels.

606. For the private debts of a part owner of a vessel she cannot be detained or embargoed, nor sold on execution entire; but the proceeding shall VOL. XXII., NO. V.

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be confined to that portion which the debtor may have in her; and this shall not cause an interruption of the Voyage.

607. Whenever an embargo of a ship shall be made there shall be inventoried in detail the whole of her apparel and appurtenances, in case the same shall belong to the same owner of the vessel.

608. No vessel can be set up in sale judicial without it shall have been advertised publicly for the term of thirty days, and the notices in which the sale shall be announced shall be renewed every ten days, and offering her for bids for the space of three hours, on the tenth day of the first term, and for one whole day on the twentieth and thirtieth days, and at the time she shall be bid off. The notices of publication shall be posted up also for the same term of time, in the customary places for like communication, and in the port where the sale is to be made, and in the capital of the department of the marine to which the port belongs; and in every case the notice shall be posted up at the entrance of the office of the captain of the port.

The sale shall be also announced in all the daily papers which are published in the province, and there shall appear in the legal report the order of sale, a fulfilment of this regulation, and other formalities prescribed by law. And in the remainder of the acts the sale shall proceed with the solemnities and in the form which is prescribed by the ordinary commercial law for sales judicial.

609. The doubts and questions which may arise between part owners of a vessel concerning matters of common interest shall be resolved by the majority of owners, who shall hold the value of the property of the ship, and who shall represent more than one-half of the ship's value.

The same rule shall be observed to determine the sale of a vessel, even when some of the part owners only shall oppose the sale.

610. The owners of the vessel shall be preferred in freighting her at the price and on equal conditions over those who are not part owners; and if two or more part owners may concur to claim this right for one and the same voyage the preference shall be given to him who holds the largest interest in the ship; and among part owners who hold equal interests in the vessel it shall be determined by lot who shall have the preference.

611. The preference which is given in the preceding article to the partners of a vessel shall not authorize them to demand that her destination shall be varied from the disposition which the majority may have marked out for the voyage.

612. The part owners of a vessel shall also enjoy the right of taking the vessel at a fair appraisement from the other part owners who offer their shares for sale, at the termination of three days following the offer of sale, and tendering in the last the price of the vessel.

613. The seller can declare against the right of taking the vessel on an appraised value, making known the sale which he has concerted to each one of his co-part owners; and if within the said term of three days they shall not take the vessel they shall not have a right to take her after a sale has been celebrated to other persons.

614. When a vessel shall want repairs, it shall be sufficient that one of the part owners may require that it shall be done, for which the whole shall be obliged to provide the fund sufficient to effect it; and if any one part owner shall not do it within the space of fifteen days following that on which he shall be required judicially to do so, and the whole or any of the part owners shall supply the funds, they shall have a right to demand that the ominion of that part which belongs to the defaulting owner who has made

no provision for the expenses shall be transferred to them, crediting him with the just value of the share which belonged to him before the making of the repairs.

The just value which shall have belonged to him before the repairs shall have been commenced shall be estimated by skillful persons named by both parties, or officially by a judge, in case either of the parties shall decline to make the nomination.

615. Ships shall follow the conditions of movable goods in all the requirements of the law: so far no modification or restriction of the laws have been made in this code.

A. N.

Art. VI.-TEA: AND THE TEA TRADE.*

PART III.

The subject has attracted, by its intrinsic importance, a great measure of attention from others as well as mere commercial readers; and the writer hopes that it will hereafter be presented in a more worthy and attractive form, by practiced and skillful writers, those who are accustomed to treat of political economy, or who are the active promoters of temperance,-in order that a knowledge of it may be more widely diffused, and the use of the beverage become more general. It has been appropriately spoken ofin an editorial notice of these papers in the Evening Post-as, "the drink characteristic of modern and improved civilization, used alike by rich and poor-social, refreshing, humanizing Tea." And in the Literary World, in an appreciative notice of considerable length, it is thus spoken of:-"Among all articles of luxury none has stood its ground more firmly than tea, none, probably, has been productive of more refinement, has been so pure and healthful in its associations. To extend these influences is a work of philanthropy, as well as of mercantile profit."

Major Noah has recently published the following decided opinion in favor of tea. It appears in answer to a question put by a correspondent, who adopts the Chinese name of Ching

"CHING. Which do you prefer as a domestic beverage, tea or coffee? Tea, by all means. Tea is associated with rest after a day's toil, of happy firesides, of temperance, and of peace. A liberal use of the cup, which cheers but does not inebriate, is calculated more than that of any other article to weaken the lures of intemperance, and to attract the laborer from the tavern to his domestic hearth."

The unusual measure of attention given to this subject, at present, in England, has been alluded to in presenting the speech of Mr. Brodribb, in a Postscript to Part Second, and subsequent accounts from there indicate

• Two papers upon this subject were published in the January and February issues, respectively, of this Magazine, and have since been republished together in pamphlet form, in two editions. In the first edition of the pamphlet the following notice appeared :-"The following announcement was omitted by the printer at the conclusion of part second :-Another paper upon this subject will ap pear in a future number of this Magazine:-some statistics of the trade with Russia, Holland, and other countries, will be presented, as well as some further remarks upon the subject generally."

that the interest in it has suffered no diminution-as the following humorous report of the interview of the "Tea Deputation " with Lord John Russell, the Premier, from a recent issue of that “mirror of the times,”—“PUNCH” -will show.

"On Wednesday, the 16th of January, a deputation from Liverpool, headed by its members, waited on Lord John Russell and the Chancellor of the Exchequer, with the laudable desire of obtaining their consent to a reduction in the Tea duty.

The business commenced by a few words from Sir Thomas Birch, who was very appropriately selected on this occasion, for, as the Premier (must have mentally) remarked, "Birch has always been looked upon as one of the principal representatives of Tea in this country."

Mr. Cardwell went into the arithmetic of Tea, and proved that, while in the United Kingdom the consumption amounted to only a pound and three-quarters per head, it was nine pounds per head per annum in the Australian colonies. This, at a spoonful each, and one for the pot, gave several million cups of tea to the colonists, while, at the same strength of brewing, there would be little more than a dish (of Tea) per diem for the inhabitants of Great Britain.

Mr. Edward Brodribb enlarged on the social merits of Tea, and insisted that, although mere spoons had sometimes made a stir in Tea, there was now a small but determined Tea party springing up in the kingdom, and, with all respect, he would say that the Government would eventually be teased out of the duty.

Another member of the deputation took a view of the matter in reference to the agricultural interests, urging, that, so long as the genuine Tea was kept out of the country by the heavy duty, the hedges of the farmer would never be safe from those depredators who plucked a spurious sort of Twankay from the sloe, and stole for the Tea market that which was neither Hyson nor His'n.

After a few further remarks from other members of the deputation, Lord John Russell courteously acknowledged himself the friend of Tea, and though some called it mere slop, sent over by our foes the Chinese, he was not one of those who regarded it as a “weak invention of the enemy." After intimating his willingness to take a Tea leaf, if practicable, out of the book of free trade, he assured the deputation that he and his friend, the Chancellor of the Exche quer, would, some day, after dinner, take Tea-into their best consideration."

The plain prose account of the same is given in the London Spectator, of January 19th, as follows:

"A deputation, representing the mercantile interests of Liverpool, the Magis trates and the Chamber of Commerce of Edinburgh, and the Chamber of Commerce of Glasgow, had an interview with Lord John Russell and the Chancellor of the Exchequer, on Wednesday, at the Treasury, to urge a reduction of the duties on tea. Sir Thomas Birch and Mr. Cardwell, members for Liverpool, introduced the deputation. The usual arguments in favor of reducing the duties on tea were reinforced by the explanation of the increasing difficulties found in obtaining an article of exchange for our increasing exports to China; the balance of trade on the past year is $10,000,000; and, unless the import of tea is increased, we can only diminish that balance by checking our exports. The propitious state of the revenue was dwelt on as favorable to the hopes of the deputation. Lord John Russell courteously listened to all that was said; promised 'best consideration;' and declined ‘to give a definite answer.'

And some extracts from the circular of an extensive brokerage house, in London, of January 5th, will serve to show, in concise and rather nervous terms, the merits of the duty question:-

“What pays the enormous duty of 2s. 24d. per lb., which is more than 300 per cent on many qualities?—Tea.

What yields a revenue to our government of five millions and a half per annum?-Tea.

Now if the sum realized by this oppressive tax were paid into the Bank of England in gold, it would take one of the clerks four years, twenty-one weeks, and five days to count and weigh it according to their custom.

What made our present gigantic East India Company? (Some here we know will differ in opinion, but we say it could not have been done without) Tea. What has had fewer arguments employed in its favor, when more might have been used than on almost any other article subject to an Import Duty?—Tea. What article was untouched by Peel's Tariff? (While almost every other article either underwent some change, or had the duty taken off.)-Tea.

What article is that on which the duty to the poor man is 300 per cent, while the rich man only pays from 30 to 60 per cent?-Tea.

What article of consumption is now paying the expense of more travelers than any other?—Tea.

What article in the grocery business pays for all the loss of bad debts, &c. ?— Tea.

What has made some of our London Bankers?-Retailing of Tea. What has made some Members of Parliament?-Retailing of Tea. What has enabled others to purchase landed estates?-Retailing of Tea. "In order rightly to estimate the advantages of Tea, we must not look at its value abstractedly, but on the influence it exercises on the country at large. We look upon its use as one of the greatest counteracters of intemperance, for the man who enjoys his tea with his family is not a person who seeks the stimulus of the tavern, and in the lower classes, the public house and the gin-shop. We - believe that Father Mathew did good service to his and our country; but we must not forget that men must have wherewithal to refresh themselves, and were they enabled to have good tea, at a low price, an enlivening and gently exhilarating beverage would be placed in the hands of the industrious classes, and man would not so often, as he now is, be tempted to "put an enemy in his mouth to steal away his brains." The gin-palaces, and such places, we look upon as pit-falls purposely placed to entrap the footsteps of the unwary. Few so heedless as to fall into a pit if exposed to their view; but the warmth of the fire, the brightness of the lights, the temporary excitement of the draught are as flowers strewed over the deadly chasm beneath. We do not go so far as to say that good and cheap tea would in any very decided manner remedy this evil, but we do say this, and every man who has bestowed a thought upon the subject will agree with us, that the man who enjoys a cup of good tea, and can get it, with its necessary concomitants, fire and comfort, at home, will not be in much danger of turning out after the labors of the day to seek the poisonous excitement of the drinking-house. The subject is one which has obtained, and deserves, the attention of the philanthropist. Who can number the situations lost, the hopes blighted, the workhouses filled by this one vice? Let us not waste our breath in tirades against what is evil and wrong: a sensible man would say it is the best to oppose good to evil; to provide things innocent, if not positively salubrious, in the place of those which are decidedly the contrary. The indulgence in liquor, if it does not merit the tremendous censure of the great Robert Hall, "liquid fire, and distilled damnation!" is at least detrimental to health of body, and totally incompatible with peace and serenity of mind. Let us, then, be ready to co-operate with every endeavor made to persuade gov ernment to REDUCE THE DUTY ON TEA, and if we are in earnest in our desire, they will, sooner or later, yield to the pressure from without."

The following concise expression of opinion on the subject of the duty is from the Liverpool Chronicle, of January 12th, last: