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another; declaring that, in the first case they shall be recorded in the proper office of the county to which removed, within twelve months; and in the last case, within three. A distinction has grown up out of this enactment as to what is an encumbrance. It is the lien placed upon the property by the owner, and who is himself the debtor to be affected. Thus, it seems, it does not affect an ante-nuptial settlement, or deed or will, made by another person than the debtor, for the advantage of his wife and children, etc.

OF PROCEEDINGS AGAINST THE ESTATE OF A DEBTOR AFTER DEATH.

1. In the case of solvent estates.

An executor or administrator is exempt from suit for six months after the grant of letters; and within two months after the issuance of letters, is required to advertise for claims against the estate to be exhibited. Claims against the estate are to be exhibited within eighteen months after the issuance of letters, or within eighteen months after the cause of action accrues. The requirement does not, however, exist as to debts contracted out of the State; nor to femmes covert, or infants, or heirs, or legatees, claiming as such. In the pleadings respecting the presentation of claims, the six months during which the representation cannot be sued, are not included in the enumeration of months. But if the plea of non-claim be interposed, and a general replication be made, the burthen of proof lays on the plaintiff. If, nevertheless, he specially reply that advertisement was not made, etc., it shifts the burthen of proof to defendant. Presentment of a claim to one of two representatives, is notice to both. But the mere issuance of a writ is not such a presentiment as the statute requires.

2. In the case of insolvent estates.

When the estate of a person, real and personal, is insufficient to pay the debts of such estate, the representative is required to file in the office of the court whence issued his letters, a written allegation thereof; and in connection therewith three schedules-one enumerating a statement of all the goods and chattels, and choses in action of deceased, and their cstimated value; one a statement of the real estate, its situation, the decedent's interest therein, and its estimated value; one of the various debts due by deceased, and the residence of the several creditors. In not less than thirty, nor more than sixty days, the question of iusolvency is heard by the court, notice being by publication or personal servic, given to creditors. If no opposition be inade, the estate is declared insolvent. An order then issues appointing a day for settlement, not less than thirty, nor more than sixty days. On the day of settlement the creditors meet, and a person is selected, a resident citizen of the State, who acts as administrator de bonis non, or the previous representation is continued. Every person holding a claim against such estate, is bound to file the same in the clerk's office, within six months from the time of the declaration of the insolvency of the estate, verified by affidavit. The administrator or a creditor may contest the claim within nine months after the estate is declared insolvent. A settlement shall be made within not less than nine, nor more than twelve months from the time the estate is declared insolvent; and the estate is rulably divided among the creditors, from time to time, as assets are in hand. A suit pending is not abated on plea of insolvency, but the suit is tried on the merits; and if judgment is recorded, it is certified t, the Orphan's court as a claim.

Art. IX.-ACADEMY OF COMMERCE AND NAVIGATION AT TRIESTE.

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TRANSLATED FROM THE GIORNALE DEL LLOYD AUSTRIACO" FOR JAN

UARY, 1845.

We know not how better to commence a new year's publication devoted to the interests of commerce and navigation, than by turning our attention to an institution having the like objects: namely, our academy of commerce and navigation.

Among the many benefits conferred upon Trieste by our parental gov ernment, its unceasing care for the education of our youth is most conspicuous. If we take a retrospect of the last five years, we shall discover, with the deepest satisfaction, a progress which will excite our most lively gratitude. The elementary schools have been increased, and re-organized in conformity to the exigencies of the times. We see rising up in divers parts of the city. edifices, set apart for educating and instructing the rising generation. We can reckon up a great number of new schools, public and private, for each class of our population; an infant school, an agricultural school, and one for arts; a college that affords to parents the advantage of having their sons under their own eyes, while prosecuting the highest studies; and lastly, we see, through the favor of our sovereign, this our academy of navigation, take the rank of a lyceum, with the title of Imperial Academy of Commerce and Navigation.

This rank was the more honorably conferred upon it, as it was the result of a visit from our august sovereign, to this institution of science, on the 15th September last, on which occasion he informed himself of every particular, and deigned to express his great satisfaction.

These benefits on instruction were accompanied by the endowment of a fund, which, placed beyond the risk of loss, enables the not wealthy to obtain from this inexhaustible treasury of knowledge a resource for life.

This academy was first established by his Imperial Majesty, Francis the First, of glorious memory, who created it by degrees iu 1808; but from the political vicissitudes of the times, its erection was retarded till the end of the year 1816, when Don Guiseppe de Velpe, author of a manual of technology, was named director; and who, both as director and professor of natural history, physics, and chemistry, until his death in 1840, not only furthered the institution by his knowledge, but also by his wise counsels to the students and artists; who, under his teaching, became expert navigators, brave seamen, skilful manufacturers, and useful members of society. From the beginning, the different professors of the academy were wont to be consulted often by the authorities, as well as by private individuals, in their respective literary and scientific departments, thus affording great issistance to commercial men, artists, and navigators, who resorted to them for advice. An important element of progress was created from this influence, and from the example of the studies and judgment derived from it, independent of the direct advantage from the ordinary scholastic teaching.

We can enumerate a great number of merchants, navigators, and architects, that, thanks to this academy, occupy posts among the most distin. guished of our commercial men and mariners: our marine priding itself on so many brave captains, who, fearing no danger, have crossed the Atlantic seas, and carried the Austrian standard to the extreme confines of our hemisphere.

We must now confine ourselves to giving some account of the present state of this academy, which progresses rapidly, and gives promise of more splendid results hereafter. It being the aim of the academy to prepare young men destined for commerce for mercantile navigation, as well a for the various offices of the state, the teaching embraces a quadrennial course, or rather a biennial or school course preparatory to a higher biennial course, and is subdivided into two sections one of commerce, and one of navigation.

Religion, the sciences, languages, and the more important exercises necessary for who should devote himself to any one general branch, or to commerce and navigation in particular, form the base of the instruction; which, in the first biennial, besides religion, the fount of all knowledge, comprehends arithmetic, algebra, geometry, which supplies the principles of all calculations; geography, with the most essential part of history whence a clear idea of our globe, and the progress of civilization, may be obtained; natural history, which, based on geography, reveals the three kingdoms of nature, and the products which form the subject of the laws of trade and exchange; also the two languages, Italian and Tedescan, for us the most important; and caligraphy and design, which complete the preparation for the most elevated course.

The same studies are pursued, but with greater development, in the succeeding biennial, and are united with their most useful application: such as simple and mercantile account-keeping, mechanics, and the art of sailing, embracing both piloting and nautical astronomy, merchants' ship-building and steering, physics and chemistry, the laws of trade, the science and history of commerce; both mercantile and maritime law, and exchanges; the French and English languages, and the modern Greek; eventually, also, the Illyrian. All these studies are carried forward with a practical view, and, as far as can be, are illustrated by means of natural objects, apparatus, models, and experiments, in a way to make the student more complete in his particular studies, fitting him for his intended employment, public or private.

Every facility is given to the students, especially to the adults, so that mariners, commercial men and artists, can have free recourse to the instructions and teachings after the manner of a free school. For example -young men who have served two years at sea, or five years in cruising, are admitted to the elementary navigation school for five months in the winter, with the ordinary pupils; and for five months in the summer. So, also, the commercial section admits young men of requisite age who may have been engaged a year at least in commerce, and who have attained the necessary preparatory knowledge. To these, the choice of studies is left perfectly free. There is a Sunday-school of design also in the academy for artists.

The whole instructions are given in Italian, and all who are in a condition to avail themselves of it, have only to apply to the Direction, where they will receive all the explanations they may require.

The tendency of this institution is to unite theory and practice, to which end every necessary aid is had.

The academy possesses a museum of physics, chemistry, navigation, naval construction, natural history, technology, caligraphy and design, supplied by the generosity of the government; and is also furnished with

a good collection of instruments, machines, models of ship-building, every object of nature and art, etc., etc. Annexed is a public library of navigation, comprising about 14,000 volumes, which is annually on the increase. A nautical astronomical telescope is about to be provided, for which there is provisionally supplied an apparatus for meteorological and astral observations. An able mechanic, with his requisite tools, completes the whole, and provides for the experimental teaching, in conjunction with the scientific.

The academy enjoys an annual contribution of 2,000f. from the Merchants' Exchange, of Trieste, which encourages the nautical-commercial studies, and 4,550f. from the city, which also provides the locality, and zealously coöperates to promote objects so useful and ornamental to it. The remainder of what is requisite is made up from the imperial treasury. There are four civic pensions, of 100f. each, for students who devote themselves to navigation, and a foundation of 150f. from Count Linzendorff, formerly Governor of Trieste, for ship-building.

The present Director of the academy is the esteemed architect, Giuseppe de Leyuain, for many years professor of several sciences, and well known in the literary world. He devotes himself zealously and indefatigably to his office, and has greatly contributed to the progress of the institution, during the last few years. Under his directions the people have manifested greater interest in the academy. In 1837, the scholars numbered only 54, but the last six mouths they number 170, besides fifty artists, students of design, who are taught on festival days, as already mentioned.

The academy, in addition to the tuition it affords, serves as an organ of art, and practical example for captains, machinists, constructors of steam vessels, etc. By this means, and by special lectures, on practical art, given by Professor Tonello, the Society of Austrian Lloyds is gradually being furnished with native engineers for its steam-vessels.

Art. X.-THE CURIOSITIES OF COMMERCE.

THE CORAL FISHERY.

A WRITER in the London Athenæum, interested in the details of this curious and profitable branch of commercial enterprize, has furnished that journal, from the midst of the scenes in which he participated, the following life-like sketch of what he calls the statistics of the coral fishery.

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"There is no port on the Bay of Naples which presents so bustling a scene at this season of the year as Torre del Greco. Hundreds, 1 may say thousands, of mariners are now here, assembled from various parts of the coast, dressed out in their rich Phrygian caps and scarlet sashes, ready to start for the coral fishery. At last, the weather begins to brighten the tempestuous sirocco and the roystering tramontana retire within their caves; and, a favorable breeze springing up, soon they are upon the Mediterranean flote," in little detachments according to their destination. What lamentations may then be heard amongst mothers, or wives, or sweethearts, who have thronged down to Torre to take a last farewel!! But courage-a mass has been said, or a candle offered to the Madonna; and now, to complete the "buoni augurij," these loving companions throw a handful of sand after the receding baik-exclaiming, "Possa andare come una nave degli angeli."

"The coral fishery is a source of more profit than is, perhaps, generally known; and is attended with hardships, the bare thought of which might diminish some of that natural vanity with which the fair one contemplates the glowing ornaments that repose upon and contrast with her white bosom. I was standing on the marina, when I witnessed such a scene as I have described--a party of gaily dressed mariners, accompanied by women weeping and wailing as our northern females know not how to do. Their short and simple story I soon learnt: and the particulars I now send you as the result of my inquiries.

"Torre is the principal port in the south of Italy for the vessels engaged in the coral fishery, about 200 vessels setting out from hence every year. They have generally a tonnage of from 7 to 14 tons, and carry from 8 to 12 hands; so that about 2,000 men are engaged in this trade--and, in case of an emergency, would form a famous corps de reserve. They generally consist of the young, and hardy, and adventurous, or else the wretchedly poor; for it is only the bold spirit of youth, or the extreme misery of the married man, which would send them forth upon this service. For two or three months previous to the commencement of the season, many a wretched mariner leaves his starving family, and, as a last resource, sells himself to the proprietor of one or other of these barks; receiving a caparra, (earnest-money,) with which he returns to his home. This, perhaps, is soon dissipated, and he again returns and receives an addition to his caparra; so that when the time of final departure arrives, it not unfrequently happens that the whole of his scanty pay has ben consumed, and the improvident or unhappy rogue has some months of hard labor in prospect, without the hope of another grano of compensation. Nor does the proprietor run any risk in making this pre-payment; for as the mariner can make no engagement without presenting his passport perfectly en regle, he is under the surveilance of a vigilant police. The agreement between the parties is made from the month of March to the Feast of San Michaele, (29th September.) for vessels destined for the Barbary coast--aud from March to the Feast of the Madonna del Rosario, (October 2,) for those whose destination is nearer home. Each man receives from 20 to 40 ducats, according to his age or skill, for the whole voyage; while the captain receives from 150 to 400 ducats, reckoning 6 ducats to £1 sterling. These preliminaries being settled, let us imagine them now on the full wing-some for the coast of Barbary, and others for that of Sardinia, or Leghorn, or Civita Vecchia, or the Islands of Capri, San Pietro, or Ventotene, near which I have often seen them, hour after hour, and day after day, dragging for the treasures of the vasty deep. On arriving at the port nearest to the spot where they intend to fish, the "carte" are sent in to the consul; which they are compelled to take again on return. A piastre is paid by each vessel for the magic endorsement of his excellenza-another to the druggist, and another to the medical man; while the captain, to strengthen his power, and in case of some of those gentle excesses which bilious captains are sometimes apt to commit, has generally on board some private "regalo " for his consul. The next morning perhaps they push out to sea, and commence operations; not to return that evening, or the next, or the next, but to remain at sea for a fortnight or a month at a time, working night and day without intermission. The more humane captains allow half of their crews to repose from Ave Maria to midnight, and the other half from midnight to the break of day; others allow only two hours' repose at a time; while some, again, allow no regular time-" so that," said a poor mariner to me, "we sleep as we can, either standing, or as we haul in the nets." Nor do they fare better than they sleep: for the whole time they have nothing-literally nothing-but biscuit and water; whilst the captain as a privileged person, has his dish of dried beans, or haricots boiled. Should they, however, have a run of good luck, and put into port once in fifteen days or so, they are indulged with a feast of maccaroni. These privations make it rather rough work, it must be confessed, for a mariner- especially when it is remembered that it lasts seven months; but if to this be added the brutality of the captains, whose tyranny and cruelty, as I have heard, exceed anything ever recounted to me before, we have a combination of sufferings which go far to justify the description given to me of this service by one engaged in it, as being an "inferno terrestre."

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