SCHEDULE 2D.-RATE OF COMMISSION ON BUSINESS WITHIN THE STATE, WHERE NO SPE CIAL AGREEMENT EXISTS. Sale of merchandise with guaranty...... Purchase and shipment of goods, with funds or security in hand. Do. without funds or security in hand..... Outfits of vessels, of disbursements.. Collecting moneys, when no other commission is earned... Receiving and forwarding goods ..... Collecting bills protested, or delayed and litigated accounts 5 21 10 21 SCHEDULE 3D.-RATES OF STORAGE ON MERCHANDISE. Measurement goods per month $2 per ton of 40 cubic feet. Heavy goods $1 50 per ton of 2,000 pounds-or in either case the amount actually paid. The consignee to have the option of charging by weight or measurement., A fraction of a month to be charged as a month. SCHEDULE 4TH.-CONCERNING DELIVERY OF MERCHANDISE, PAYMENT OF FREIGHTS, ETC. When no express stipulation exists, per bill of lading, goods are to be considered deliverable on shore. Freight on all goods to be paid or secured to the satisfaction of the captain or consignee of the vessel, prior to the delivery of goods. Goods must be received by the consignee after notice being given of the ship's readiness to discharge in five days, when not otherwise stipulated in the bill of lading. After the delivery to the purchaser of merchandise sold, no claims for damage, deficiency, or other cause, shall be admissible, unless made within three days, and no such claims shall be admissible after goods sold and delivered have once left the city. SCHEDULE 5TH.-CONCERNING FOREIGN BILLS OF LADING. When foreign bills of lading do not expressly stipulate the payment of freight in a specific coin, foreign currency shall be reckoned according to the United States value thereof, and payment may be made in any legal tender of the United States. Where foreign bills of lading expressly stipulate that the freight shall be paid in a specified coin, then the same must be procured if required, or its equivalent given, the rate to be determined by the current value at the time in San Francisco. SCHEDULE 6TH.-CONCERNING RATES OF TARES. To be allowed as by custom in New York. The Chamber of Commerce of San Francisco was organized May 1, 1850; Incorporated November 3, 1851. Officers for 1853: President, Beverly C. Sanders; First Vice President, Geo. Lewis Cooke; Second Vice President, Geo. Clifford; Secretary, Treasurer, and Librarian, Lewis W. Sloat; Committee of Appeals, D. L. Ross, S. B. Thomas, J. J. Chauviteau, Edwin Herrick, W. T. Coleman, I. Friedlander. MACUQUINO CURRENCY, ISLAND OF PORTO RICO. TO COLLECTORS AND OTHER OFFICERS OF THE CUSTOMS. TREASURY DEPARTMENT, May 1st, 1854. Since the date of the General Instructions, No. 21, transmitted to you on the 10th ultimo, this department has been advised by the consul of the United States at St. Johns, in the island of Porto Rico, that the authorities of that island had determined, on the 20th March last, that, after that date, the value of the silver dollar of the United States of the coinage of 1853 and after, should be at the rate of one hundred and eighty cents Macuquino, or eight per cent premium over the Macuquino currency of the said island of Porto Rico. You will be regulated accordingly, in your estimate of duties on invoices of goods from said island arriving at your port. JAMES GUTHRIE, Secretary of the Treasury. JOURNAL OF INSURANCE. LIFE INSURANCE. CONSTRUCTION OF INSURANCE POLICY-CREDITOR'S RIGHT TO INSURE HIS DEBTOR'S LIFE. The Supreme Court of New York (City) made in April, 1854, the following decision in the case of the Mutual Life Insurance Company of New York vs. Ambrose Wager, Judge Mitchell on the bench :-- This was an action to recover back the amount of a policy of insurance paid to defendant, on the ground that the policy was fraudulently obtained. It appeared that in the year 1845 the defendant effected with plaintiffs a policy of insurance on the life of W. Frisbee, of Rhinebeck, for $2,500. Frisbee lived for about six years after the policy was effected, and then died, and the plaintiffs paid the amount of it to the defendant. They now seek to recover it back, on the grounds that when the policy was effected, and for some time before, Frisbee was in consumption, and also that he was not indebted to the defendant to the amount of the policy, or to any extent. Medical and other witnesses were examined at both sides, as to Frisbee's health at the time the policy was effected, and afterwards; from which it appeared that for many years before his death he was affected with chronic bronchitis, and that he sometimes spit blood; but it did not appear that the spitting of blood was of such a character as to denote consumption, or disease of the lungs. It also appeared, that when the policy was made the plaintiffs were informed that he had a chronic bronchitis. As to his not being in debt to the defendant, several witnesses, who were intimate with Frisbee, testified that they were not aware that he was indebted to the defendant. But the negative testimony was met by the positive testimony of other witnesses, who deposed that defendant was constantly in the habit of advancing money to Frisbee. The court charged the jury. The two most important questions for them to determine were, first, had Frisbee a spitting of blood within the meaning of the policy, or any disease that would shorten life? If he had either of those diseases, the plaintiffs were entitled to recover. If he had neither of those diseases, the plaintiffs cannot recover on that ground. Or if he had either or both of those diseases, and that defendant had no knowledge of it, then the plaintiffs cannot recover. There must have been one or the other of those diseases, and it must have been known to defendant. As to the meaning of "spitting of blood," the definition I give of it is, any spitting of blood which would tend to shorten life, or be as dangerous to life as any one of the diseases mentioned in the policy, being rupture, fits, dropsy, asthma, or spitting of blood. But it must have existed at the time the policy was effected, or antecedent to it. The only other question of law is, as to the rights of the company to recover, because the defendant had no interest in the life of the person insured. It is said that he had an interest in it, because he was his creditor. If he informed the company, when the insurance was being effected, that it was made for what was then due to him by Frisbee, and also for what advances he would afterward make him, then those advances would be protected by the policy. But if the whole of those advances did not amount to $2,500, then he would be entitled to no more than he advanced; and if he recovered $2,500, and there was not so much due to him by Frisbee, then the company would be entitled to the difference. In regard to Frisbee's state of health, there was no doubt that in 1841 he had a chronic bronchitis, and that from that time to his death he had a severe cough in the morning, and threw up mucus, and was relieved; but it was not very frequent or severe, as it only required the attendance of a doctor twice. But that does not come within the medium of the policy, and I think the fair conclusion is, that at the time the policy was made, Frisbee was not in consumption. If after the policy was made, defendant had knowledge of Frisbee's state of health, that would not affect the policy. If it were a mere wager policy, the plaintiffs are entitled to recover. But if the jury come to the conclusion that advances were made by defendant to the amount of the policy, and that Frisbee, at the time the policy was made, had no disease within the meaning of the policy, or that if he had it was unknown to defendant, then they should find for defendant. Verdict for defendant. The court also awarded $100 to the defendant, on the ground that the suit was improperly brought. PROPERTY DESTROYED BY FIRE IN SAN FRANCISCO. A late number of the Alta California contains an elaborate account of the third annual celebration of the San Francisco Fire Department. After the reading of an ode written for the occasion, the Hon. EDWARD STANLEY delivered an oration, from which we make the following extract, showing the loss of property by fire since May 4th, 1850: "With all the energy of our people, aided by some of the best from other climesby the lively, impetuous, enterprising countrymen of Lafayette-by the indomitable energy and resolute spirit of the English and Irish—by the industrious and steady German, much was still wanting. This want was supplied by the organization of our fire companies. For in 1849, when men of foresight and judgment began to believe a city would be founded here, when stores were erected and dwelling houses built, the fire came, and in a few hours how many bright prospects were blasted! How many houseless and unprotected heads were wandering here, that a few hours before were comfortable, and calculating on long years of happy enjoyment? How many millions of property were destroyed by fire in a day, before your organization? Let a few facts, which an intelligent gentleman, an active member of one of your companies, has furnished me, answer: On December 24, 1849, fire destroyed property amounting to. September 17, 1850, property amounting to In one year... On May 4, 1851, property amounting to. In eighteen months... Total..... $1,250,000 4,250,000 3,500,000 1,000,000 250,000 1,000,000 $11,250,000 12,000,000 2,500,000 $25,750,000 1,500,000 $27,250,000 In a period of eighteen months, more than twenty-five millions were destroyed; since that time, more than two years, not two millions! not as much as was destroyed at a late fire in New York. And may we not now, when with pride we behold what our city now is, may we not say, if you seek for any monument of what our firemen have done Walk through our streets and look around you?'" The number of insurance companies in the country is not known; but it is to be presumed that few, if any of them, except in the cities above-mentioned, have any foreign stockholders. MARINE LOSSES BY BOSTON COMPANIES. The new ship Troubadour, of Boston, Capt. Pedrick, from Newburyport for New Orleans, was lost on Berry Islands, 26th of March, 1854. She was a good ship, of 1,200 tons, and was on her first voyage. She was owned by Messrs. Fisher & Co. There was insurance to the amount of $95,000 on vessel and freight, at the following offices in Boston: The ship Saxony, of Boston, from Halifax for Mantanzas, has also been wrecked off Cape Florida. The vessel is insured in Boston for about $20,000. The brig Salisbury, of Newburyport, lost on Berry Islands, is insured in Boston at the Alliance office. POLICY OF INSURANCE-AVERAGE LOSS-SET-OFF. Where the claim of a plaintiff is for an average loss on a policy of insurance on goods, the defendant cannot set up a counter demand for other matters, or, in technical language, cannot plead a set off; it being a rule of law that a plea of set-off cannot be pleaded to a demand for unliquidated damages, and it has been invariably considered that a claim for an average loss on a policy of insurance is a demand for unliquidated damages.-Castelli vs. Boddington, 20, Law Times Rep., 64. NAUTICAL INTELLIGENCE. NOTICE TO MARINERS. EXHIBITION OF A NEW REVOLVING LIGHT AT NORTH RONALDSHAY, AND ALTERATION OF THE START-POINT LIGHT FROM A REVOLVING LIGHT TO A FIXED LIGHT. 1. NORTH RONALDSHAY LIGHTHOUSE. The Commissioners of the Northern Lighthouses hereby give notice that a new lighthouse is being built upon the Island of North Ronaldshay, in Orkney, the light of which will be exhibited on the night of Friday the 1st September, 1854, and every night thereafter, from the going away of daylight in the evening, to the return of daylight in the morning. The following is a description of the lighthouse and the appearance of the light, by Mr. David Stevenson, Engineer to the Commissioners : The lighthouse is in N. lat. 59° 23′ 15′′ and W. long. 2° 23′ 38′′; it stands on the northern point of the Island of North Ronaldshay, and by compass it bears from Moul head of Papa-Westra W. N. W. N., distance 15 nautic miles; and from StartPoint of Sanday Lighthouse, S. S. W. ‡ W., distance 64 miles. The North Ronaldshay Light will be known to mariners as a revolving light, producing a bright flash of the natural color once in every 10 seconds. It will be visible all round the compass. The lantern is elevated 140 feet above the level of the sea; and the light will be seen at the distance of about 18 nautic miles, and at lesser distances, according to the state of the atmosphere. 2. START-POINT LIGHTHOUSE. The Start-Point Light, which is 6 miles from North Ronaldshay Light, being at present a revolving light, producing a bright flash once in every minute, the Commissioners further give notice, that on and after the night of Friday, the 1st September, 1854, when the new revolving light at North Ronaldshay is to be exhibited, the present revolving light at Start Point will be changed to a fixed light of the natural color. By order of the Board, ALEX. CUNNINGHAM, Secretary. NAVIGATION INTO SPITHEAD. NOTICE TO MARINERS. TRINITY HOUSE, LONDON, 3d May, 1854. Pursuant to the intention expressed in the Notice from this House, dated the 5th ultimo, a floating light vessel has been moored on the west side of the channel, near to the Warner shoal, and a light is now exhibited therefrom every night from sunset to sunrise, for the purpose of facilitating the navigation of vessels into and out of Spithead during the night time. The light at this station is of the natural color, revolves, and shows a bright flash once in every minute, and the vessel is moored in 13 fathoms at low-water spring tides, with the following marks and compass bearings:— The water mill at St. Helen's, half its breadth open of St. Helen's sea-mark, S. W. by W. W. The outer end of Ryde Pier, between the towers of Osborne, N. W. by W. Noman's Land Buoy, N. W. by N. Horse Elbow Buoy, N. E. 4 N. Dean Tail Buoy, E. S. E. Bembridge light-vessel, S. E. By order, J. HERBERT, Secretary. INVENTION FOR REEFING SAILS OF VESSELS. The Portsmouth Journal says: Mr. Wm. H. Foster, of that city, has perfected his invention for reefing sails, and that it is satisfactory to scientific gentlemen and experienced seamen who have witnessed its operation. The yard does not revolve like that which was tried in England many years ago, but is fastened to the barrel in the usual manner. The sail is also attached to the yards in the old way. It works entirely upon the principle of the pulley. It is simple, but exceedingly ingenious. The weight of the topsail yard, in being lowered by loosening the halyards, is directly applied to the reefing and furling of the sail at the same time. A single hand on deck, however incredible it may seem, is enabled to take in each reef, even to close reef, and furl any sail in less time than a single minute. LIGHTHOUSE AT WINTERTON. NOTICE TO MARINERS. TRINITY HOUSE, LONDON, May 4, 1854. Notice is hereby given that, with the object of rendering the lighthouse at Winterton more distinctly visible from vessels at sea during the daytime, the tower is about to be colored red. The buildings around it will continue white, as they are at present. By order, J. HERBERT, Secretary. MYSTERIES OF THE OCEAN. A paper containing the results of various observations made in the coast survey by A. D. Bache, was read before the Scientific Association at its late session in Washington. Among other interesting passages was one relating to the shape of the floor or bottom of the ocean, showing that some extraordinary depressions exist along our own coast. The following outline of the remarks upon this subject is quoted from the National Intelligencer; For instance, on the seaward line abreast of Charleston, from the shore to sixty miles out, the depth increases pretty gradually, till at that distance it has acquired a depth of one hundred fathoms. But it soon deepens with great rapidity, as if on the side of a mountain, until at about eighty miles out the ocean bottom is more than six hundred and fifty fathoms from the surface. This continues forward less than ten miles, when the depth as suddenly decreases to not more than three hundred and fifty fathoms, which so goes on only a few miles, when it again deepens to about five hundred fathoms, with subsequent fluctuations. There is, therefore, a submerged mountain peak or ridge between these points, of a truly remarkable character. The differences in the temperature of the water vary almost precisely according to the change of contour of the bottom, showing that the temperature at great depths is much modified by the propinquity of the ocean's bed. It appears that the Gulf Stream, whilst certainly not superficial, does not run to the bottom, for off Cape Florida, at twelve hundred fathoms, the water in summer is of a temperature of 38° Fahrenheit, a degree below the average Winter temperature much further north. |