The Georgia journal. (Milledgeville, Ga.) 1809-1847, November 14, 1845, Image 1

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mm VOL. XXXVII. MILLEDGEVILLE, FRIDAY, NOVEMBER 14, 1845. NO. 8. van Georgia journal II PUUK.INHRD TWICE A WKKK DURING TH* HUSSION OP TH K LKOI3LA rUHK, AND WKKIU.V Til * Ml.M A I.MiLll OP TilK YEAR, BY PETKUSON T II W II ATT, EDITOR AND PROPRIETOR, AT TURKU DOLLARS PER ANNUM. IN ADVANCE} OR, FOUR DOLLARS AT THE END OF THE YEAR. No ■ubBoriplion will bo rooniveilfor Irustlmii a year, nor will (my paper lie URCiniiinwuti unlit all arrearaget are paid. The paper will not be sent to anv person out of the 8iute, until tbe subscription money te paid in udvnnceor satislaclon leforence eiven. AD Vbill FISK M K.N I'S are iusorted at 75 eenlR per square for tbe first insertion, and 50 cents per square for each insertion thereafter. A square in the Journal is n spare of fen lines in ernnllt ypH.aontaiuin^ as it does one hundred words Lj*N. II. S lies of t. \ N t)S, bv AdininiHiriitors.Executors, or Guardians, ura required by inw, to be held on the firs. Tuesday in tho in'»ntn, between tbe hours of ten in the fore noon and three in the afternoon, m the Court-house, in (hr county in which the land is situated. Notice of these sales must tie *iven in a public gntetteSIXTY DAYS provious to the day ofsal*». Salesof NEC HOES must be at u public auction,on the first Tuesday ohhe month, between the usuul hours of sale, at the place of public sales in the county where the letters trxinitirii tary. of Administration or (3unrdinnship,utay have been plant ed,’first giving SI X I'Y DA YS notice thereof,in one of tlie r iublic gazettes of this State, and at the door of the Court louse, where such sales are to be held. Noticelor the sale of Personal Property, must be given in like manner, POIFF Y da\ s previous to the day of sale. Notice to the Debtors and Creditors of an Estate inustbe published FORTY days* Notice that application will be made to tbe Court nfOrilinn* rv for leave to sell LAND, must be published fur FOLK MONTHS. Notice for b»ave to sell NEGROES, must be published for FOUR MON FIIS, before any ordor absolute shall bo made thereon by the Court. Citations for letters of Administration, must be published thirty d'tyx —lor disiuisdon from administration, monthly month*— for dismission from Guardianship,/o/Yyday*. Rules fir the forpc'osure of Mortgage must be. published monthly for four monlhn— for establishing lost papers .for the full npnee of three months—tor compelling titles from Execu tors >r Administrators, where a Bond bus been given ly the deceased, the full space of three months. Publications will always be continued according to these the legal requirements, unless otherwise ordered. All business of ibis kind continues to ret oive prompt atten tion lit the Office of the G FOUGI A JOU UN A L. TO COUNTRY MERCHANTS. T HE undersigned Merchants oftlie City of Charleston are now receiving,and will have by the I5tb •September, full and complete assortments of ull goods in litcir respective lines, which they offer for sale on tbe most accommodating terms. Country merchants who have heretofore been in tbe habit of visiting other markets, would find it to their interest to ex amine this, which u fiord a as muny facilities for commerce as any other in the country. The facilities for getting here nre great, and the rates of transportation now so low as to offer quite on inducement to those residing in the neighboring States. DRY GOODS. Townsends 4’ Arnold, . .Vo. 1, llayne street. Wiley, Banks 4 Co. . . “3, •• “ Kelsey 4 Deas, . . . 5, “ “ Gillilands ,}'• Howell, . . *• 7. “ " Hyatt, McBarney 4- Co. . ■ “ 0, “ “ SADDSEE.Y. . A0. 4, llayne street, No. 2, llayne street. “ 13, •• “ 10, “ 18, “ Harral, Hare 4 Co. SHOES Z>. F. Fleming. , . II. S’oddard 4 Wood, J. S. Beach, . . " L. M 4 B. IV. Force 4 Co. GB.OCERXE3. S. &. Farrar, . . No, 23, llayne street, HATS, OAFS. Ac. F. D. Fannina 4 Co. . No. (i, llayne street, Rankin, Sprnulls 4 Co. . “16, “ “ DRUGS AND MEDICINES. Haitian,t, Harral 4 Allen, No. 11, llayne street. P. M. Cohen 4- Co. . “ 19, “ “ HARDWARE. Morion 4 Courtney, . No. 8, llayne street. Roosevelt 4 Barker, . “ 17, “ “ CROCKERY. O S. 4 If, Cameron 4 Co. No. 21, llayne street. Brown 4 Slone, . “ 14, “ *■ II. B. Gleason, . Meeting street, opposite Charleston Hotel. BONNETS AND STRAW GOODS. Dewing 4' Thayer, . . Meeting street. BOOKS, STATIONARY, Ac. McCarter 4 Allen, Meeting strict—near Charleston Hotel. Charleston, Sept, 9,1845, HO Ut New York City Advertisement. PRINT WAREHOUSE IN NEW YORK. To supply the city &> interior trade by the piece or packugt No. 44 CEDAR STREET, CNF.AH WILUAM-6T.) L EE Sc BREWSTER give notice to Denlets in Dry Goods that they have removed their WAHIMIOUdK for PRIN TED CALICOES EXCL USIVELY, from Penil to 44 Cedar Street. By confining their attention to PRINTS ONLY ,L Sc B are enabled to exhibit an assortment fur eurpasHiig any ever before offered in America—and to sell ut prices ns low. and gknkkally LowEit,than those wIiobo attention is divided among u lurgo vuriety ol urlicles. The Slock consists ofsKVKtuL thousand patterns am COLOHB, EMRltACINO EVERY VARIETY OF AMERICAN AND FOREIGN PRINTS in market—many styles oj which arc got up exclusively for then own sales,and annul be had elsewhere, exa pi in si cuuU hands. Dealers in Prints will find it lor their interest to exumiue tliis slock before making their puichuxes— they will liuve the advantage ol learning the lowest murkot nriee, and compar ing all ine desirable styles in market sitl« by side. Catalogues of prices coireeted with every vuriuliuli of the market, uro placed in the bunds of buyers. Oct. 8, 1841. 2 If FIRE INSURANCE COMPANY, CAPITAL $300,000. mHE NEW-YORK CONTRABUTIONSIUP FIRE A INSURANCE COMPANY huviugesiublislicdanagen- cy in Knoxville,Crawford county.willinsure BUILDINGS, MERCHANDIZE, HOUSE HOLD FUR MTU RE, . and every description of property, ngumst loss or damage by fire * FRANCIS 11. .MURDOCK. Agent. Knoxville, June 11, 1044. ’47 tf IinpoiHiiit to (lie I’ufrlic. T HE application of a suitable glass to the eve is of the greatest importance to persons wearing Spectacles.— * The locus of a glass, either too weak or too strong, tends equally to injure the eye,our most precious organ. A com mon cast glass lias very seldom a true focus, and should therefore, never be used. 'Flic subscriber since lie hits be come a resident of Charleston, H. C., Las been repeatedly flattered by bis southern friends for the skill Im possesses in (implying suitable lenses to the eye on its first examination.— His glasses have become known as being of a Superior quality, and liis knowledge of the eye in regard to iln* sppli cation of glasses,feitlierconvex or concave,) have very sel dom failed to afford perfect satisfaction, if artificial menus could ho resorted to. Tim citiz *as of ihD place the mem* hers of the Legislature nnd the public in general, nre invited to examine his complete assortment of spectacles. He aim inserts new glasses in old frames. Weak,eyes, short anil far sighted persons a ltd such 09 liuve been operated upon for cataract can ue sailed. ELMS ,M A UKEXS, Optician. At Mr. Leon's Clothing fislore. MiUfrdgeville, Nov. 1,1045. ’ 7 2t WANTED* A r Olt 50,000 l»»a. of Pork, for the use of 4lie Ten! T.0 tomiarv ol Georgia, for which cash will he paid. P. FAIR, Inspector. Millarlgeville, Nov. 11,1815. 7 3t A RILL I’O l>c entitled an Act to carry into effect that part of the first section of the third article of the Consti tution, which requires the establishment of a Su preme Court for the Correction of Errors, ami to organise the same, and to regulate the proceedings thereof: Sec. 1st. lie it enacted by the Senate and House of Repre sentatives of the Stale of Georgia, in General Assembly met, anti it is hereby enacted by the authority ol the same, That in pursuance of the first section of the third article of the Con- titution, there shall be, and it is hereby established, a Court for the Correction of Errors, to he called the Supreme Court of the Stuto of Georgia. The said Court shall consist of Three Judges, who shall lie elected at the present session of the General Assembly—one for the term of six years, one or the term of four years, and one for the term of two years, during which terms they shall respectively hold their offices, unless sooner removed, m the manner pointed out by the Con stitution. No person shall he eligible to the olfice of Judge, unless he shall have been duly admitted stti.l licensed to plead anil practice in the courts of law and equity in this State ten years at least prior to his election. The Governor shall, within twenty days after the election of said Judges, commis sion thorn respectively for the terms for which they shall have been elected. In case of the death, icsiguation, or removal from office of any of said Judges,the Governor shall uppoint and commission some fit and proper person to fill such vacan cy, until the meeting of the General Assembly next utter such vacancy, when the General Assembly shall fill the same. And if any such vacancy occur during a session of the Gen oral Assembly, the same shall he filled at such session. Ev ery Judge of said Court who shall he elected lifter the pres ent session of the General Assembly, (except when; he is elected to fill a vacancy,) shall hold his office for and during the term of six years, and shall he commissioned accordingly by the Governor. Sec. 2. And be it further enacted, That the said Supreme Court shall he holdeu at the times and places following, to wit: on the First Monday in January, and Third Monday in June, in each year, for the first district, to he composed of the Eastern nnd Southern Judicial Circuits,alternately at Savan nah and llawkinsville. On the fourth Mondays in January nnd July in each year for the second district, to he composed of the South Western and Chattahoochee Circuits, alternate ly at Tnlhotton and Americas. On the second Monday in Eel; runry and August, in each year, for the third district, to be composed of the Coweta and Flint Judicial Circuits, alter nately at Forsyth and Decatur. On the fourth Mondays in March and September, in each year, for the fourth dis trict, to be composed of the Western and Cherokee Circuits, alternately at Rome and Gainesville. On the first Mondays in May and November, in each year, for the fifth district, to lie composed of the Middle, Northern, nod Ocniulgee Judi cial Circuits, at the City of Millcdgcville. Sec. 3d. And be it, further enacted, That it shall he the duty of all the Judges of said Court to "attend ut each term of said Court; hut if, from Providential cause, any one of said Judges ennnot attend u Court, such Court may be holilcn by two Judges. If at a Court ut which only two Judges pro side, the Judges should be divided in opinion on any cause heard before them, then the judgment in the. Court below shall stand affirmed, and be so certified by the Judges. If on ly one Judge attend a Court, it shall he his duty to open the Court, nnd to adjourn it to a day not more than two days be yond the regular term, at which time, if two Judges do not attend, the Court sliull iu that case he adjourned to the next regular term. Sec. 4th. And be it further enacted, That the Supreme Court shall hour and determine, ut the first term of each Court, all such cases in Law and Equity ns may he brought from any of t lie Superior Courts of this Stale, within the dis trict as created by this Act for which said Supreme Court is holdcn. All causes ofn criminal or civil nature, may, for nl lodged error in any decision, sentence, judgment or decree of any such Superior Court, he carried up from the counties in the respective districts aforesaid, to the Judges of the Su preme Court, at the respective terms thereof for such district, to be by the said Supreme Court revised and dctcrinun d. Any criminul cause may be carried tip to the Supreme Com I on a bill of exceptions, iu writing, specifying the error or er rors of law complained of, to he drawn up by the party, his counselor attorney, within twenty-four hours after the trial of the cause in which the decision or sentence has been had, and he submitted to the Judge of the Superior Court, before whom such criminal cause tuny have been tried, to he by him certified and signed. Any cause of u civil nature, either on the Law or Equity side of the Superior Court, may, in like manner, he curried to the Supreme Court, on a hill of exceptions, specifying the error or errors com plained of in any Decision or Judgment, to he drawn up I,v the party complaining thereof, his counsel, solicitor or attor ney, within the time aforesaid, and submitted to the Judge before whom the cause may Imve been heard, to he In liim certified and signed, hut iu no ease shall the facts la contro verted in the Supreme Court, so as to require attendance of nay witness, or witnesses, under any pretence wiintever; said Supreme Court shall hear and determine upon mutters contained in the ttuuscript of the record of the cause, and not otherwise. Upon exhibition of any such lull of excep tions to the Judge of the Superior Court, it shall he his duty, if such bill of exceptions ho true and consistent with what inis transpited iu the cause before him, to certify and sign the same. Such Hillof exccptiousshull operate as a supersedeas to the Judgment, sentence, execution, or decree, oftlie Court below. If in civil cases, cither iu law or equity, the party complaining of error shall, within four days after the term at which the exceptions wete taken, pay all costs which may have accrued, and give bond with security, to In: appiovcdof by the Clerk of the Superior Court, and conditioned to pay the eventual condemnation money, und all subsequent costs; and if in a Criminal case where the offence is by law bailable, the party complaining of error shall enter into recognizance with security to ho in like maimer approved, conditioned for the appearance in person of such party complaining, to abide the final order, Judgment, or sentence of Court; and if the offence he not bailable, or if the party he sentenced to im prisonment in the Penitentiary, and lie nimble to give secu rity ns required, the Judge oftlie Superior Court rimy order a supersedeas at the time of certifying nnd signing the Rill of Exceptions. When such bill of exceptions shall have been signed and certified by the Judge of the Superior Court, and such bond with security shall have been given, or recog nizance with security entered into, and Costs paid, notice of the signing of such hill of exceptions shall he given, if in a criminal cause, to the Attorney or Solicitor General, and in civil causes in law or equity, to the adverse party, or his counsel, within ten days after the same shall have been done, and shall he filed in the Clerk’s office where such bond or recognizance has been given, immediately thereafter, and on a copy of such n >ticc being served by a Sheriff, Constable, or Attorney of the Superior Court, and filed in the Clerk’s office with the bill of exceptions, it shall he the duty oftlie Clerk of the Superior Court below tocerlifv and send up to the Supreme Court a complete trausei ipt oftlie entire record of the cause below, duly certified under his hand and seal of of fice, and also the hill of exceptions within ten days after he professional manner, all the decisions there made, with the reasons therefor, and he shall not during his service as Re porter, appear ns Counsel, or act as Attorney in nny case in any Court in this State. The Reporter shall from time to time publish, in good and substantial forms, the Reports so made ns aforesaid, and ifnt any time he shall neglect to pub lish within four months after sessions for each yeur have closed the decisions of that year, lie shad forfeit one-fourth of his salary for that year, and another fourth for every nddition til mouths’ delay. Provided, that if the Judges of said Court, or u majority ot them shall certify that such delay was not from any fault or neglect of the Reporter himself, or those under his control, such forfeiture shall not he incurred. The shall have received the original notice with the return of j Reporter shall also he allowed the Copy-right. And provi- scrvice thereon. j did further, That he furnish, free of expense, and well hound, .Sec. 5th. And be it further enacted, That the Supreme one copy of said Reports to each Judge of said Court foi the Court shall proceed at the first term (unless prevented by I time being—one copy to the Clerk of said Court to be Providential cause) to hear and determine each nnd every I kept in his olfice as public property—twenty-five copies to cause which may in manner aforesaid he sent up from the | the State, to he delivered to his Excellency the Gover- Conrt bidmr upon the record and lull of exceptions, on the nor ns soon as may he, said twentv-five copies to be disposed ground therein specified, and on no other grounds. Upon | of ns the General Assembly may direct, the decision of llu* said Sgprctne Court, on matters of law, or Sec. 13th. And be it farther enacted, That the Clerk and principles of equity, which may arise in the bill of excep- i Reporter of said Court, before cuteiiug on the duties of their tions. (which decisions shall always he in writing, and he de- j respective offices, shall be sworn to the faithful discharge of liveredby the judg s of the said < 'ourt seriatim, except in their duties, und take all other oaths prescribed by law for cases where they are unanimous) the Court shall cause to be i civil officers. certified to the Court below such decision, and award such Sec. 14th. And be it further enacted, That the Judges of order and direction in the premises ns may be consistent with the said Supreme Court shall have power to establish rules the law', and justice of the case; which decision, so rendered of practice, and to regulate the admission of Attornies in and ordered, und direction so awarded, shall he respected said Supreme Court.and to awuid all such process as may be and carried into full effect by the Court below. If the decks- necessary to enforce obedience to their orders and judgments, ion and judgment of the Court below be for anv sunt certain, and as me usual in other appelate tribunals; and also to nnd he affirmed iu the Supicnic Court, the Plaintiff may in establish mid procure a seal for said Court. the Superior Court eutci judgment against the defendant and his securities fertile amount ot principal, interest, and costs, ns shall have been confessed, or found hv a Jury, mid ten per cent, damages on the ptincipnl sum, and have execution immediately alter the decision oftlie Supreme Court so cer tified as aforesaid. Provided, That if any one or more of the Judges oftlie Supreme Comt shall certify that in his or their opinion, such cause was not taken up fur delay only, then mid iu such case, the damages shall not he allowed. Judgments in the Court below, if affirmed, shall not lose any lien or priority by reason oftlie proceedings in the Court above. Sec. 15th. And be it farther enacted, That in case plaiu- tifi in error shall fail to cause the transcript of the record to lie filed with the t'lerk of the Supreme Court, at the place of holding said Court, by the third day of the term next suc ceeding the time of grunting the supersedeas,and the adverse partyshall file with the Clerk of the Supreme Court it certif icate ol the graining of such sujiersedeas,signed by thcClerk ot (he Superior Court, wherein the cuusc is depending, then ii shill he the duty of such Supreme Court to allirin the judg ment below on such certificate. Sec Kith. And be it further enacted, Thai it shall be the Sec. tit Ii. And be it Jurther enacted, That if nny Judge ofj duty of the Attorney or Solicitor General of the Judicial ('ir- the Superior Court shall refuse to certify a lull of exceptions ; cu ‘ l wherein anv criminal cause is tried, and which may he when properly tendered, or if nny Clerk shall fail or refuse taken up in inutiner aforesaid, to appear, and attend to said tosetul up the transcript of the whole record in any muse,’ cause in the Supreme Court. according to the provisions oft his Art, or he, or any sheriff, j Sec. 17th. Ami be it further enacted, That whenever a shall refuse or neglect to perform any duties imposed upon party shall not lie able to give security, he shall file an affiiiu- hiin by this Act, said Supreme Court, while iu session in any v,t > stating that he is unable, from his poverty, to give the se- Disiriet in this State, may issue a Writ of mandamus to such | canty for the eventual costs and condemnation money, and officer, mid enforce obedience thereto if necessary, hv attach-1 *bat his counsel has advised him that he has good cause for a meat ; and iu case that such refusal hv any such officer have : ^ r ‘* of Error, mid upon filing the xume in the Clerk’s office, delayed ihe party applying for, or tendering a bill of excep- I he shall he entitled to all the privileges which lie woulu have tions as aforesaid, beyond the time limited in the foregoing ' had, ii he find given the security, and paid the costs as re- part of this act, he shall nor thereby lose Ins remedy, hut ; quireil by this Act. may proceed as if the time limited had not expired. Sec. 7th. And be it further enacted, That the Sheriff'of* the county wherein the Supreme Court is holdeu, or his Dep uty, shall attend the sessions thereof, arid obey all lawful orders,enforce ull luwiiil commands, and execute ull law ful processes of said (’ourt And for the service of any process or order of suit! (’ourt, he shall receive the fees allowed for like service in the Superior Courts, to be taxed und paid in like manner. Sec 8th. And be it further cnartal, That each of the said Judges of the Supreme Comt shall receive a salary of dollars per annum, to he paid as the salaries of the Judges of the Superior Courts are now paid. The uniount of said salary shall not hi- increased or diminished during the A BILL 7V< hr. entitled an art to amend the. several Acts here tofore passed, and now in force, incorporating,mil relating to “ The Centra' Ifni' Road and U ntie- ittg Company of (Heargin," and to authtn'is> tit. said Company to coi.-hnne anil extend its itail /toad front the comity of Ilihh, to the Chatta hoochee Hirer, at or near the Cit e of Columbus. Sec. 1. lie it enacted by the Senate and Hinme of It,peeseti- 11 lives of the State of Georgia, in Gem rat Ass-uddy not, audit is heicbu enacted by the authority at the on.;. That the said corporation, “the Central Rail Road ami Rank- continuance of such Judge of the Supreme Court iu office ; ■ ing Company of Georgia,” he and it is hereby aulliormed and and no Judge shall receive any other perquisite, reward, or 1 empowered to continue, extend, construct and iiiiiintaiii its coinpcusation, than the amount of his salary. Each and I Rail Road from the County of Itihh to the Cliattaliooehee every Judge of the Supreme Court shall, l.efoie the Gover- j River, at or near the city of Columbus, of suitable width, nor of the State, and pnor to his receiving his com mission,' depth and dimensions, iu such proper and convenient romsc take the oaths to support the Constitution, and other oaths now by law required of the Judicial officers of this State. I Si:n. 9th. And be it further enacted, That the said Su- preme Court shull appoint .some til ami pmper person as Clerk thereof, who shall hold Ids appointment for six years, unless 1 removed by said Court upon complaint made, and cause t shown for iuenpucity, improper conduct, or neglect of duty, j Suid Clerk shall keep an office at the seal of (iovernmeiil, j in one of tiie departments of the Capitol, where all hooks, | day of December, in the year of our Lord one thousand eiurht records, nub archives mid l lic.r-i-al of the said Court shall hundred and thirty five) for the value oftlie laud covered remain, lie shull attend all the sessions of said (’mitt, and by the Railway, and lor three hundred feet on each side of obey all the lawful orders thereof, lie shall keep in sulistnn-j the same, (or so much of that quantity as the suid Corpora- tiaI bound books lair and regular minutes of the proceedings I tion may require,) for the procurement therefrom of earth, and direction as the said Company shall deem best, paying to owners of land through which the snmc iniiv pass a just indemnity, (t< In ascertained in such manner ns is prescrib ed in the fifieenth section ofan act oftlie General Assembly, entitled “an act to he entitled an act to amend mi act cnii- “ tied an act to inrmporate the Central Rail Road mid Cu- “ mil Company of Georgia, and to give to the said Compa- “ ny Ranking powers und privileges,” passed the fourteenth of said Court—a record of all its judicia I acts a docket of its cmi n s. anil such other hooks ns said Court may from time to tune order nnd direct. Ue shall certily , w hen required, upon payment of his fees, ail proceedings of the said ('unit in the manner now in use in the Supt i ior Courts of this State.— And the recoidsaud minutes ot said Supreme Court, nnd copies thereof, shall be evidence in the same ni Muier and uti- det the same circumstances as those of the Supeiior ( ourts now are ; said Supreme Court being to ail intents and pur poses a Court of Record. The said Clerk shall lie author ised lo appoint u deputy or deputies, in Ills discretion, he be ing responsible for the faithful performniice of their duties. fM.c. Ifftli. And be it Jurther emictid, That if during the pendency of any cause in the Supreme Court, the security taken outlie removal of said cause to the Supreme Court limber, stones and oilier materials, nnd for the ceiistcu.lion thcroii of warehouses, slips, turn-outs, depots, wells, cisterns, pumps, und other necessary and proper works und purposes. Sec. 2. Amt be it further enacted, by the authority aforesaid, That all the provisions and enactments of the fourteenth, fifteenth, sixteenth, eighteenth, nineteenth twentieth, twen ty second, nnd twenty-tiiiul sections of the said Act. of the fourteenth day of December, one thousand eight hundred und thirty five, entitled as set forth iu the preceding section hereof, shall be applicable to the said continued or extended Rail Road authorised by this Act. Sec. d. And be it further enacted by the authority aforesaid. That the better to enable the said Corporation to build said extended Rail Road, from Ilibb county to the Chattahoochee River, the President and Directors of said Company mav, shall become insufficient or inadequate, by reason of remn-! ut such time or times, and at such place or places, as may val from the Mate, insolvency or otherwise, it shall he the duty ot the Court so certify ing said cause, on application on seem to them most fir, receive subscriptions for additional stock, not exceeding one million two hundred and fifty tliou- oat h setting forth the tacts, showing the inadequacy of said so-I sand dollars, in shares of one hundred dollars each: and that iihscriptiou, tin: sum of twenty-five dollars shall he puid on each share, and tltc residue oftlie one hundred dollurs on each share shall In: paid in such instalments us the suid Company sliull prescribe, provided, that thirty days notice of airily, from insolvency or otherwise, to require additional and other security, and if the appelant shall fail or refuse to give such additional security, the Court below shall certily this fact to the Supreme Court, whereupon said suit shall he dismissed at the appelant’s costs, and the judgment in the | ca.-li instalment, shall be given iu one or more of the Public. Court below shall in: affirmed with costs. j Gazettes; and tv failure to pay any instalment shall occu- 8 i c. tuts. And be it fin lie. nan,,I, That the said Clerk sinii and uutlimise u forfeiture of defaulting stock und all shall he entitled to the same fees as Clerks of the Superior j monies paid on it. Courts iu this State—to be taxed as part of the costs,nnd for which the Attorney of Retold shall always be hound. Sec. 12th. And be it further enacted, That some fit and proper person shall he elected by the General Assembly,at its present session, ns Reporter, who shall hold liis office during the term ot six years, unless sooner removed by the Court, and shall receive for liis services a salary from the State ol' dollars per annum. Said Reporter shall attend all the sessions of said Court, and report in a proper and Sec. 4. And be it further enacted by the authority aforesaid, That the monies arising from such subscriptions shall lie ap plied exclusively to the building und construction of the said extended Rail Rond from Uilib County to the Chuttuhorhce River, its appurtenances and equipment with machinery, und shall lie kept separate and distinct from ull funds or ninnies, of said Company under the name of new extension stock.— That the subscribers for new extension stock shall not lie bound for uuy contracts of said Compauy now existing or out-