By depositing that sum at the birth of a child, it will be entitled to $278 60 when it reaches 21 years; and might be withdrawn at any other time with such accumulation as may have accrued-the money not being lost, as in the case of a contingent endowment. 2nd. $12 per annum, paid will produce, in 21 years,. 15 years,. 5 years,... which would be repaid on reaching that age, by which means a capital would be secured for a son to set up business, or a dowry for a daughter, without loss of principal in case of premature death. 3d. On the same principle, if a person wished to secure a sum of $1,000, to be received at the age of 50, or of 60, a single sum, paid would produce that result. 4th. The same sum would be obtained by paying annually, beginning at the age of 20, of...... .$14 33 $7 88 50,. In both cases the depositor might be permitted to borrow a portion of his own money if he should be in temporary want, so that he would not only provide for the future, but always have the use of his money when wanted. The great advantages we possess over Europe, in regard to the greater value of money, are plainly seen by the following comparison :-The National Loan Office of London allows to a person aged 20, for an annual payment of $2 60, a contingent endowment or benefit of $269 55, payable on reaching the age of 60, and returning two-thirds of the premiums in case of death. That sum, accumulated for 40 years, would produce, per cent..... At 3 4 per cent.. 5 per cent.... $201 92 256 95 329 78 426 52 And therefore we could allow, at 5 per cent, $329 78, with the return of all the premiums with compound interest, in case of previous death. TEMPORARY ANNUITIES CERTAIN. It is often desirable to set apart a certain sum for a special purpose,-to provide a student with the necessary means for his education at collegeto assist a person by an annual contribution for a number of years—or, having other means in expectation after a certain period, to divide a present sum in such annual instalments as will be sufficient for our expenses. 5th. Suppose A., a student, requires for 5 years, annually, $300, payable every 6 months. $150, paid semi-annually, will accumulate, in 5 years, to $1,680 51; or, $1,316 72, paid in a single sum, will likewise produce $1,690 51. 6th. B. leaves a legacy to a friend, of $500 per annum, to continue for 15 years, and payable annually. $500 paid annually for 15 years, are equal to $10,789 28; and a sum reserved for that purpose, of $5,189 86, will, at the end of that period, accumulate likewise to $10,789 28. 7th. In the 3d and 4th examples, an endowment has been obtained, of $1,000; but, as the interest, if re-invested, would only produce $60 at 6 per cent, and a life annuity at the age of 50 only $85, if a male, or $78 70, if a female, and not being therefore sufficient, it might be desirable to convert it into 5 annuities certain, which would produce $230 97, or in 10 annuities of $129 50. 8th. A. has $10,000, which, at 6 or 7 per cent, would not bring a sufficient income, and be subject to some dangers. With that sum could be obtained, 5 annuities certain, of..... .$2,309 74 commencing the first one year after the deposit. His income would be considerably enhanced, but the principal would be gradually absorbed. To avoid the danger of being left destitute, if he had no other resources, he might, however, purchase a contingent endowment, payable at the end of his annuities, which, if he lived at that period, would reinstate him in the possession of the original $10,000, with which he can renew the same two bargains, and on still better terms; as he would have to pay less for the endowment, being much older, and therefore less likely to live at the expiration of the new term. There being a possibility of his dying before the endowment is due, the premium paid for it would be much less than the increase of income--but his heirs would receive only the balance left of the $10,000, in case of his death. DEFERRED ANNUITIES CERTAIN. By the deposit of one single sum at an early age, or by continued regular annual payments, as in the case of an endowment, quite a consider able income may be secured for old age, with constant means on hand for cases of sickness or temporary want. 9th. With the small amount of $50 a year, an annuity certain can be procured, to commence at the age of and therefore a person, by saving $1 a week for the space of 40 years, would secure an annual income of $782 20, during 10 years, or of $484 66 during 20 years. The education of children is frequently a very heavy tax for parents in moderate circumstances. As long as they are small, the expense is still moderate; but when they approach the age of 10 or 12, the outlay is rap idly increasing. Now if an early provision were made, and the expense divided and equalized during a longer period, the burthen would be materially diminished, and scarcely felt. 10th. Supposing that a child would require an outlay of $100, annually, from the age of 13 to 18, or 6 payments-18 payments of $24 17, commencing at birth, or 13 payments of $28 65, commencing at the same period, would provide that sum. Numerous other examples could be given to show the immense advantages produced by such a system of economy and gradual improvement of money, and a variety of cases shown to which they could be applied, but they would require more space than could be allotted to me, I cannot refrain, however, from citing a most admirable plan adopted in France, by the "Banque de Prevoyance," (Bank of Foresight.) This institution receives deposits withdrawn from the Savings' Banks, when they have reached the maximum of 2,000f., ($400,) beyond which no money is allowed to remain there. The depositors are formed into classes, composed of 10 or 12 members of nearly the same age, say from 20 to 25, 40 to 45, &c., and the aggregate received from each class invested, in its name, in government securities, and the stock delivered to the "Caisse de Depôts et Consignation" for safe-keeping, where it remains until the class is closed, the Banque de Prevoyance having no control over it, collecting, however, the interest, and crediting it to each class, with a deduction of 3 per cent for commission, which is the only compensation for the trouble. Some of the classes divide the interest among their members as soon as collected; others accumulate it for 5, 10, or more years. Should one of the members die, his principal remains until only one member survives, and in the meantime all the interest is divided among the survivors, so that their income is gradually and considerably increased. When the class is closed by the death of all but one of the members, the principal is returned to the heirs of the deceased, except when the agreement has been made that also the principal should belong to the survivor, on the Tontine principle. Berlin, and Stuttgart, in Germany, possess similar societies, though with somewhat different regulations. In the one of Berlin, which was instituted under the direction of the Prussian Government, there are six classes, composed as follows:-1. Members under 12 years of age; 2. From 12 to 24; 3. From 24 to 35; 4. From 35 to 45; 5. From 45 to 55; 6. Above 55 years old. Sub-divisions are made, composed of those joining in each year-their joint deposits being separately administered, and the interest of investments credited to them. A member may take one or more shares, of 100 rix dollars each, and receive annually his part of the interest on each-or he may take one or a limited number of partial shares, to which the interest is regularly added, until it reaches the value of a full share. When a member emigrates, or dies, his original deposit is returned, with the deduction, however, of whatever has been paid to him in the shape of interest. The effect is, that this deduction increases the fund of the sub-division to which he belonged, and in the course of time such additions to it may cause (as it is expected,) the income to reach 150 per cent of the original deposit. With some improvements, these plans ought to be imitated in this country, being, in my opinion, based upon sound and benevolent principles. Art. VII.-LAW OF DEBTOR AND CREDITOR IN LOUISIANA. NUMBER III. * PRIVILEGES. Perhaps there is no branch of the law of Louisiana, of greater practical importance in the every-day affairs of commercial life, than that by which, and under certain circumstances, a priority and preference is given to the creditor for the payment of his claim upon specific property of his debtor. The provisions of the civil law, in this respect, are widely different fromthose of the common law. “Vigilantibus non dormientibus curat lex," is a maxim of the common law, which finds no support in those numerous articles of the civil code by which liens and privileges are created, and provision made for their enforcement, without any express agree. ment, and quite independently of the contracts of the parties. The creditor in New York, who, by vigilantly pursuing his claim, secures the first attachment upon his debtor's property, (in a case where an attachment can be made,) or who, by superior activity and energy, obtains the first judgment, (upon which execution is issued, and a levy made,) or the first recorded judgment, which operates as a lien upon the real estate of the debtor in the county of its registration, thinks himself tolerably, if not quite certain of the ultimate payment of his debt, to the extent of the value of the property which he has attached, seized, or recovered by his recorded judgment. Not so the creditor in Louisiana. By superior swiftness in the race, or by exceeding activity and industry, he may obtain the first attachment, or seizure, or sequestration, or the first judicial mortgage ; but after he has succeeded, at great expense, and by the exercise of the greatest perseverance and the most indomitable energy, in reducing his debtor's property to cash in the hands of the sheriff, which he imagines is to be forthwith transferred to his own in satisfaction of his debt and costs-lo! an intervention! A privileged creditor steps in--one who has all the while reposed upon his rights, that another, by his labors, might facilitate the enforcement of his privilege-and by petition filed in the first creditor's suit, he prays that, after due proceedings are had against his debtor, he may be first paid from the proceeds of his debtor's property in the sheriff's hands, and that the sheriff be ordered not to pay over the money, or that he pay it into court, there to abide the order of the court upon the decision of the question of privilege. Very vexatious, this-but of daily occurrence in the process of enforcing claims under the laws of Louisiana, and illustrating the importance of some degree of information, by the mercantile community, of provisions so materially affecting their rights and interests. Anything like a detailed statement of the great variety of liens and privileges granted by the provisions of the civil law, would be here out of place. The design of this article will be, merely to allude to some of the more prominent privileges established by the Louisiana code, and such as are most important to the mercantile community, as affecting the relationship of debtor and creditor. It is, of course, in the process of collecting debts, either from an insol *For No. I. of the series of articles relating to the Law of Debtor and Creditor in Louisiana, see Merchants' Magazine, for July, 1846, (No. 1, Vol. XV., page 70-75.) For No. II., see same for November, 1846, (Vol. XV., No. 5, page 471-475.) vent debtor,or from the insufficient estate of a deceased debtor, that the law of priority, or preference and privileges, becomes of practical import ance. Under the old constitution of Louisiana-(it is said that the new constitution will effect a great reform in this wise. Such was the design, but whether such will be the result, remains to be seen-but under the old regime) great indeed must have been the estate of one, whose heirs or representatives had the misfortune of "opening his succession" in Louisiana, if it possessed much sufficiency, after it had been subjected to the application of all the classes of privileges which attach to the estates of persons deceased. To say nothing of the privileges of the first class--the expenses of the last illness, and the funeral charges-the law expenses, alone, as they are termed, are sufficient to absorb the proceeds of the large majority of successions which are opened in Louisiana. First comes the notary, who, in compliance with the requisitions of the law, has placed his seals upon the defunct's effects as soon as he is notified of the soul's flight, and who has subsequently made his inventories, and his proces verbaux, and returned them to the judge. What a glorious fat fee is the notary's! What a curiosity is his bill, when considered item by item— and what an amazement in the sum total! Then come the subordinates of the court-the register of wills, and deputy register, and clerks, and sheriffs-how many papers they do have to copy, and file, and serve !— But there is no will: the yellow fever has carried off the late possessor of the estate, who, in his anxiety to add another to his aggregated thousands, has remained in the city a day too long. Then must the judge appoint some good, discreet man, to administer the estate-the nearest of kin, or, in the absence of kindred, the largest creditor, he is the curator. There is the curator of the "vacant succession," as it is called, and there is the curator for the absent heirs; the curators employ attorneys, and there is the attorney for the succession, and the attorney for the absent heirs. And all these are feed-heavens! how they are feed! All assessed by the court-all to come out of the estate-all privileged. In due time, the creditors and persons interested are called upon to show cause why the proceeds of the estate should not be distributed and paid over, in accordance with a beautiful tableau of distribution, and in conformity with the privileges as there classified. To oppose this tableau, to endeavor to reduce the amount of the privileged claims, is the only hope of the ordinary creditor of the succession of an estate, which, in the life-time of its possessor, was ample to pay every debt, and leave a fortune after. But the futility of all attempts to oppose the "homologation" of this "tableau," will be attested by thousands who have resorted to the Probate Courts of Louisiana to obtain the payment of a lawful claim against the deceased intestate, or to demand a legacy or gather an inheritance devised by the testator. Some idea may be had of the vanity of such a pursuit, from the fact that a fee of five, or even ten thousand dollars, privileged upon the proceeds of the deceased's estate, and to be paid therefrom as a portion of the law expenses, to the attorney of the succession and to the attorney of absent heirs, was considered a very reasonable and proper fee, in ordinary cases, in which no extraordinary service was required. It may be that these enormities, which were in full bloom a year since, have been somewhat nipped under the new order of things. Heaven grant it! Need enough was there for reform in this matter-for impositions, for years past, |