At a subsequent day amendment was allowed, and a farther hearing had, and evidence introduced to show the fair value of such services, and how they are usually compensated. The claimants proved the payment of $128-being $40 for pilotage into Holmes' Hole; $28 for keeper's fees 14 days there, and $60 for pilotage thence to Boston. A large portion of which, they contended, was for extra pilotage services, and also a tender of $150 in addition; and thought this was all they should be called upon to pay. The libellants contended, that a liberal allowance should be made for services attended with danger, and brought some evidence tending to show that $500 or $600 would be a fair compensation.

Judge Davis, in delivering his opinion, said there were three kinds of cases of this nature-one purely salvage, where property had been saved from imminent peril-one purely pilotage-one between the two, where extra services beyond pilotage had been rendered, and had become entitled to extra compen sation. The present case was one of the latter class. The bark was here in no imminent peril. Her crew was full. There was no distress other than the loss of her rudder, which she had been without for ten days previous to the assistance rendered. The only pretence of danger was the possibility of a change of wind, which might prevent her weathering Gay Head. It was undoubtedly expedient to keep the pilot boat in attendance under the circumstances; but the services thus rendered constituted no claim for salvage, but are to be compensated for as extra pilotage. The libellants did no more than, as pilots, they should have done.

It appeared that, in addition to one hundred and twenty-eight dollars pilotage paid by the respondents, which the learned judge considered a very liberal payment upon their part, a tender of $150 had been made. Allowing that each of the libellants had met with the best possible success on the 27th November, the extent of their earnings would not have exceeded $10. The tender of $150 would give to each of them $90 a piece, which exceeded in amount the monthly pay of the whole ship's crew. This sum was ample, and more than the libellants should expect to receive under the circumstances. Their mistake had been from the outset in expecting a salvage compensation, which had led them to exaggerate and inflame the amount of their claim. It was well in all cases to allow a liberal compensation, and though in his opinion the amount here paid and tendered had been very liberal, yet, considering the expense here incurred, and the policy of encouraging the rendering of similar services by persons in the situation of the libellants hereafter, he should give them the amount tendered of $150, and one half of their costs.

POWER OF ATTORNEY.

In the United States Circuit Court, at the November term, 1840.-Wm. Butcher and Samuel Butcher vs. David I. Tysen.-This cause came up for argument on questions reserved on the trial. The plaintiffs were the holders of a note drawn by George W. Tysen & Co. for $1,137 61, which was made payable to the defendant, David I. Tysen, and endorsed-" David I. Tysen, per G. W. Tysen, Att'y." The suit was brought against the defendant as the endorser of this note. On the trial the plaintiffs proved and gave in evidence a power of attorney from the defendant, David I. Tysen, duly executed by him to George W. Tysen. The power was in the usual form for the transaction of business, for the collection of money, &c. It also contained a power, or clause, in these words, "Also to draw and endorse checks, notes, and bills of exchange, in my name," &c. The endorsement in question was proved to be in the handwriting of George W. Tysen, the attorney, and to have been delivered by him to the agent of the plaintiffs.

On the cross-examination of the plaintiffs' witnesses, it appeared that the note was given in part payment for a bill of exchange that had been loaned to the firm of George W. Tysen & Co., by the plaintiffs, for the accommodation of that firm-that George W. Tysen, the attorney named in the power, was one of the firm of George W. Tysen & Co., and was the person who handed

the note aforesaid, to the agent of the plaintiffs. That George W. Tysen had at first given the agent other notes for the bill, and had afterwards substituted the note in question, among others, in lieu of the notes first given. Although some objection was raised, as to the notification of the defendant as endorser of the note, the defendant's counsel rested their defence principally on the ground, that the power conferred no authority on the attorney to endorse this note-and they contended, that the endorsement of the defendant's name upon the note, being made by the attorney on a note not belonging to the defendant, or in which the defendant was interested, but on a note made by the firm of George W. Tysen & Co., of which firm the attorney was a member-and the endorsement being made by the attorney for the benefit of that firm, and not for the benefit of the defendant, or in relation to his business-it was not made in the due execution of the power delegated to the attorney, but was unauthorized and void. That from the nature of the transaction the plaintiffs were fully apprised that the endorsement was not authorized by the power; and they contended also that there was no consideration which could render the defendant liable under the money counts.

The plaintiffs' counsel, on the other side, insisted that the power of attorney authorized the endorsement of the note.

But the court, after observing that several questions of law were raised upon the case, declared that they considered the controlling point to rest in the construction of the power of attorney :—and they decided that the true construction of the power, confined the authority of the attorney to the transaction of the defendant's business only; and did not authorize the attorney, George W. Tysen, to endorse promissory notes, or bills of exchange, in the name of the defendant, for the satisfaction of the individual debts of the attorney, or of the firm of which he was a member, or for his or their benefit—and they gave judgment for the defendant.

RECENT DECISIONS IN ENGLISH COURTS.

SALVAGE SERVICE.

In the Admiralty Court of England, Jan. 29, 1841.-This was a claim for remuneration for salvage services alleged to have been rendered to the Harriot, a South sea whaler, by the master and some of the crew of the Folkstone, another whaler, at the port of Honolulu, in the island of Oahu, one of the Sandwich islands, in November last. It appeared that the Harriot, in attempting to enter the harbor, incurred the hazard of running upon a coral reef, when, upon sending for assistance, a boat came from the Folkstone, then in the harbor, and the Harriot was safely anchored; for which service Captain Bliss and the men with him claimed to be rewarded, alleging that the vessel was in a dangerous situation, and that the following night was windy. On the part of the owner of the Harriot it was set up, in bar to this claim, that it was the custom, in the harbor of Honolulu, for the harbormaster to direct the boats of vessels within it to go to the assistance of vessels attempting to enter; and, farther, that it had been the universal practice, for a long series of years, among whalers of all nations, to render mutual service to each other without making any claim for reward. The court wished the question of the custom to be first argued and disposed of. Dr. Phillimore, for Mr. Somes, the owner of the Harriot, relied upon the affidavits of the most respectable merchants, shipowners, and others, (including masters of whaling vessels,) who directly deposed to the existence of the latter custom, and to their ignorance of any case in which salvage remuneration had been claimed by one whaler for services rendered to another. Dr. Harding, on the same side, adduced various cases in which particular customs had prevailed in the teeth of a general principle of law. The Queen's Advocate and Dr. Addams, for the salvors, contended that a custom to prevail against so important a principle of the jus gentium as the law of salvage, called by Lord Stowell the jus lequidissimum, must be not only reasonable, and of public utility, but compulsory, and be proved by witnesses who have had actual and frequent experience of the custom. Dr. Lushington directed that before he

gave sentence, next court day, some explanation should be afforded (supported by affidavit) of the meaning of the term "nett proceeds," in the articles of agreement with the crew; whether any other deductions were made from the gross proceeds besides 10 per cent, in order to ascertain whether, and to what extent, the men were interested in the preservation of the property.

On the next court day, Dr. Lushington gave sentence in this case. It was a claim by the master and crew of the Folkstone for compensation for salvage services rendered to the Harriot at one of the islands of the South sea, both vessels being South sea whalers. The defence set up as a bar to the claim, that, according to a custom recognised for a long period of time by whalers of all nations, services of this nature were rendered by one vessel to another without any claim being made for salvage, on a principle of mutuality and reciprocity. The question, the learned judge observed, resolved itself into two-a question of law, and a question of fact. The former was a question of very great importance to the commercial maritime of Great Britain. There was no doubt that a mercantile custom, if consistent with reason, and supported by usage, would be recognised and enforced by law. Where persons, as in the whaling service, had a proportionate share in the result of the voyage, they undoubtedly had a common interest, and were to a certain extent co-partners. In order to show that salvage would be a burden falling upon the crew of a whaler, a question had arisen as to how the "nett proceeds" were ascertained. This point had been unexplained; but although there was no express condition that salvage was to be deducted from the gross proceeds of the oil, &c., yet if the whole of the profits of the voyage had been swallowed up by a salvage compensation, it could not be supposed or contended that the crew were to receive their full share, as if no such deduction had been made. Therefore, to this extent the mariners were interested, that as little salvage as possible should be paid on the cargo. Upon the whole, with respect to the point of law, he considered the custom as a reasonable and proper custom, and as one beneficial to all parties, because this trade was of a peculiar character, which took it out of the rules which applied to salvage in ordinary trades. With respect to the question of fact, as to the existence of the custom, the evidence, being on affidavit only, was so unsatisfactory on either side, that he felt the greatest possible difficulty to decide it, and he should, therefore, under the authority of the late act, 3d and 4th Victoria, c. 65, sec. 11, direct an issue to be tried by a jury to this effect" Whether, when vessels were engaged in the South sea trade, and a salvage service should be rendered by one to another, a custom prevailed that such service should be rendered gratuitously." This mode of deciding the point would let in evidence regularly given, and open to cross-examination.

PROMISSORY NOTE ENDORSEMENTS.

An action was recently brought, in the English Court of Exchequer, (Cope v. Gameson,) by the plaintiff, as the public officer of the South Staffordshire Banking Company, to recover the amount of a promissory note (for £50) from the defendant, as the endorser thereof. In answer to this, the defendant pleaded that he had had no notice of the non-payment by the maker; and secondly, that the note in question had been given by the maker thereof, his father, to Mr. Finch, the late member for Walsall, to secure corrupt and illegal agreement for his vote in favor of that gentleman at the election for that borough, in 1838. Mr. Humphrey, for the defendant, said, it was well known that these notes were given under a compact, that if the vote was give for Mr. Finch, the note so given would not be enforced, and so the voter would keep his £50. Nor would this note have been enforced if Mr. Finch, and Mr. Wood, his agent, had not gone off, leaving it to his credit with the bank after it had become due. At all events, the learned gentleman submitted, that the defendant, as endorser, had not received a proper notice, in other words, had he admitted that fact? The only witness called for the plaintiff to prove the notice had deposed to a conversation with the defendant, in which he said, "If I must pay the money, I suppose I must," which was only a conditional admission of a liability, at any rate;

and for that reason he hoped the jury would pause before they found for the plaintiff, who, after Mr. Finch had had the value of the note out of the father in his election, now, two years after, sought to enforce its pecuniary value from the son of the maker whose name happened to be on it, and in all probability it was never presented at all, and, if so, the defendant was entitled to a verdict. Lord Abinger left it to the jury to say whether there had been any due notice of non-payment to the defendant. As the endorser of the note, he was entitled to such notice; and if the jury should be of opinion, after what they had heard as to the terms upon which the note had been given, and which the defendant had himself admitted, that the note lay dormant in Mr. Wood's possession long after the six months which was its nominal course, it was most probable, as had been suggested by the defendant's counsel, that it had never been presented at all to the maker, and of course the defendant could never have had any notice of that which never took place.-The jury immediately found for the defendant.

THE BOOK TRADE.

1. The Merchant's and Shipmaster's Guide, in relation to their Rights, Duties, and Liabilities, under the existing commercial relations of the United States, as estab lished by statute, and according to judicial decisions, in this and other countries, on commercial law. By FREDERICK W. SAWYER, of the Boston bar. Second edition. Boston: Benjamin Loring & Co. New York: E. & G. W. Blunt, and Frye & Shaw. 12mo. pp. 400. 1841.

This work has been prepared by Mr. SAWYER, a highly respectable member of the Boston bar, to meet what its author truly states to be an actual want in the mercantile community. It is the first methodical arrangement of the various rules determining the rights, duties, and liabilities of the merchant and shipmaster, as established by statute, and according to judicial decisions in this and other countries, on commercial law. The master who, however intelligent and accomplished in his profession, has found himself suddenly involved in new and unexpected relations while at a distance from any competent adviser to whom he might resort for assistance, will know how to thank Mr. Sawyer for the fidelity with which he has brought together within the compass of four hundred pages, all the legal information essential for his direction under these trying circumstances.

The ability with which this task has been performed, has been highly complimented by the Massachusetts Law Reporter, and by some other of the New England periodicals, and is attested by the public in the most satisfactory manner in the rapid sale of the whole of the first edition. The second edition, which has just been published, is somewhat enlarged and improved, having four valuable additional chapters relative to passenger ships, harbor regulations, pilot regulations, and customs of ship board. It contains also a perfect model of the hull of a ship, with the name of every part of the structure; and another drawing representing a ship under sail, giving the names of the masts, spars, sails, and rigging, taking old Ironsides for the pattern, and a beautiful pattern she is. These additions will render the book very useful for reference to the junior members of the legal profession, who sometimes find themselves inconveniently deficient in their knowledge of naval architecture, as well as in other branches of nautical science.

2. Riches Without Wings; or, The Cleveland Family. By Mrs. SEBA SMITH. Boston: George W. Light. 16mo. pp. 160. 1839.

Although the volume whose title is here quoted, has been published for some time, it is no less valuable on that account. The tale is designed to illustrate the sentiment that religion, intellect, virtue, taste, cheerfulness, and health, are the only true riches, and well does it succeed in establishing its truth.

3. The Steam Engine, its origin and gradual improvement, from the time of Hero to the present day; as adapted to Manufactures, Locomotion, and Navigation. By P. R. HODGE, Civil Engineer. With numerous explanatory wood cuts, and a volume containing forty-eight plates. New York: D. Appleton & Co. 8mo. pp. 254. 1840.

The letter press volume furnishes a comprehensive history of the invention, and the various improvements which have been made in the steam engine, from the earliest period to the present time, together with such practical rules and explanations as are necessary to enable the mechanic to design and construct a machine of any required power, and of the most improved form, for any of the numerous applications of steam. For the purpose of rendering the reference from the letter press to the plates more convenient, the engraved illustrations are published in a separate volume, in the folio form. These plates are all drawn to certain scales, and the dimensions of every part may be taken, and machines built from any of the designs.

The most recent and approved engines of their respective classes appear to have been selected, and, with four exceptions only, are all of American construction and arrangement. The plate volume, as a work of the art of drawing, forms one of the most splendid specimens of design engraving that has ever fallen under our observation; indeed we have never seen it surpassed by similar productions of the British press. Mr. HODGE, the author of this truly practical and valuable work, is, it will be recollected, the inventor of the steam fire engine, the utility of which, in extinguishing fires, has been fully tested.

4. The Young Merchant. Boston: George W. Light. 16mo. pp. 288. 1841. This little work is a compendium of principles adapted to the condition of the young merchant. It conveys, in a simple form, not only the duties devolving upon young persons who have adopted that profession, but enters into a his toric sketch of some of the most interesting and important circumstances connected with the principles of commerce. The proper intellectual qualifications of such persons are faithfully portrayed, as well as the moral requisitions, manners and address. The sentiments of honesty and candor, firmness, prudence, and truth, justice, economy, and temperance, politeness, good temper, and perseverance, those cardinal virtues so essential to respectability and success, are set forth in their due importance, and present maxims which are of great value to be observed. We cannot but deem this work a treatise which should be read by every member of the mercantile profession, whether old or young; for while it is more especially adapted to the latter class, it presents principles which should be practised upon by all. The duties of a merchant are various and multiform: constituting as they do the largest class of our most active and enterprising citizens, their influence is felt throughout the whole circle of society, and, in our own government, colors the political interests of the country. The volume is illustrated by an appropriate vignette engraving, and a well executed portrait of the patriot merchant, John Hancock.

5. The Boston Book: being Specimens of Metropolitan Literature. Boston: George W. Light. 12mo. pp. 348. 1841.

The volume before us forms the third of the series of Mr. LIGHT's selections from the writings of persons who are, or have been, residents of Boston and its immediate vicinity. Most of the pieces, in prose and verse, are from writers yet among the living, and the productions of all of them belong to the literature of our own age. The editor has given to this volume a character somewhat more popular and less grave than has marked its predecessors, and on this principle some names of much literary merit have been excluded, on account of the exclusively didactic character of their writings. The compilation is, on the whole, highly creditable to the taste and discrimination of the editor, and the book is handsomely printed on fine paper, and neatly bound, as indeed are most of the publications of Mr. LIGHT.