Newspaper Page Text
1
No. 52.
2*31 _ O -R' Ss/L jrl <Sc S O JST.,
EDITORS AND PROPRIETORS.
^ crulJi —§ 5,09 per nit cu oi, in A live net.
•VUVBRTISINC—Pei aquari- cl" tc-r I.ech each
■ u,-r I uw. Alerehauta and otiicra fWali
anooutiuvor £25, twontv-five per cent.off.
! .kg a i. ADV ERTJSf NG.
Ordinary's. — Citatioubfor leiteri.ol
m ..,isu-aacn,*?uii»'djau£hip,.!&.c.......
Moaiestead notice
-d-
$3 00
3 Oil
r» oo
3 50
5 00
M*ri
00
1 50
2 50
5 00
r, oo
1 (Ki
J 00
rletters of disin’n fr.imndm’ii
letters ol‘ disin’n of guard'll
ti.'i'icatioii tor leave to sell Land
‘ N !|,V.-to Uel.tora aud Creditors
< .sol fee.'I, pr s.ja<-rr of ten l>n*t
^ ,f personal, per sq-, ten days
;• iv'VV of t*n lints f or less..
l H ■' * J * , ,
s»ilos oj f 'i * t-n^.s or *f as
.-tor’s sales, per sq. (2 mouths)
(*7 vie --Foreclosure of mortgage and oth*
e’e mOQthly’s. per square
Eeray notices, thirty days
ides of lic-jpocr, Kesnlulirms by Societies,
ll'* nla ,; as . A-c., exceeding sir. lines, to bechuiged
Ha transient advertising.
-V’"Sales of Land, by Administrators, Exeen-
liiiiii'diHiss. arc required by law, to be held
1 ,j.,, tirst Tuesday in the mouth, between the
li.ijr* often in the forenoon end three in the at- i
, , iioon. .-’.rtiic C-o'uit-honso in i bo county in which
tic property is mated.
vitire of ihcsg sales mast be given iu a public !
cuzotte 40 days previous to the day ol sale.
Xoticc for tbs sale of personal property aunt be j
given in like Qian nor id days previous to sale day. j
Maoon. Western
—lay train —
Leave Macon 7.45 A. AL, arrive at Atlanta. 2 i*. M.
Ailama7f A..M.,arriveatMacua, J.‘»0P. M.
—NIGHT TRAIN —
Leave Macon 8.40 P.M., arrive at Atlanta, 4A F. M.
“ AtlantaT^P.M.,arrive at Macon 3.10 A. M.
Miicoii & Brunswick Itailroad.
OFFICERS.
G. If . IIAZLribIUK81 1 .............. President
O ov VJ. II . uaiurniuKst President
•> 00 i ROD ?. .SCHMIDT, Master Transportation.
3 oo H. C. DAY Secretary &. Treasurer.
Secretary
Leave Macon 3 P. M..arrive at Macon. 10.30 A. M.
Leave ilawkinsville 7 A. M.,arrive at Hawkins-
viiie, 6.30 P. M.
March J I 180S j ]
ir’n'bUo Law;
Icootaiued shall be so construed to itpeai
=-= I »r r,fleet Section 790 of the Revised Code
T to levy au.] collect a ta'x for the Georgia, exempting certain property
rt <>f tlie Government ior tire year from taxation : Prodded, houxeer, that till
AN ACT
support
lybS, and fer other purjiorcs.
Section I. Be it enacted by the General
Assembly, ife„ That His Excellency, the
Governor, is hereby authorized and etn-
puweied, with the assistance of the Comp
Holier General, to proceed to assess and
levy such a j.cr ceutage on the taxable
property, as will produce, in the estima
tion of the Governor, the sain of five hun
Coon or Jackson, Elam, lor defend
ants in error.
plantation tools, and also alt mechanical
tools over the value of three hundred dol
lars shall he subject to taxation ad valorem
Sec. IX. That no assessment shall be
made lor county or city corporation purs
poses on tho specific tax herein imposed
on practitioners of law, physic and den
ti.stry.
Sec. X. All shares in any National
&j
Mrs.
At
P. A. L1NMUM,
Home again!
I am just from New York, with one of
(he nicest and best selected Stocks of
M
r *
f < ii
Li
j A, "
l I ,
Notices to debtors ami creditors ot an estate j j - Upon every keeper of a Dagatell
Dins! -also bepuolid.n-,d 40 days. j _£■* JNT C IT €3- 3£> S3U I Table, lor public play, twenty five duN
Xnicii that application wui be made to the) ? -> . o { . u
Court of Ordinary for leave to sell land, must he, *‘ l 01
piiblisht-1 for two mouths. v -'— ^
| ^-5 4 been to ,h r * jI —
mission fnee. Administration. Monthly s*y months; j which i intend to Sell as low as they can
[ (l ]■ dismission from guardianship, 40 days.
died thonsand dollafe, Exclusive of specific | Bank in this State 6baU be given in by
taxes. | the individual or corporation owning said
I Sec ir. Be it further marled hy >he an • shares, which shall he taxed as other props
j l/ionty if tht nine. That iu addition to eity of this State of like character.
I the ad v a haem tax on real and petsouul j Sec. Xf. That the Comptroller General
j property, as required by the Constitution, I is authorized and empowered to order the
| ami assessed it) the preceding section, the i Tax Receivers of this State to commence
[following specific taxes shall be levied j receiving the returns of taxable property
j and collected : j immediately after the passage of this Act
1. Upon every practitioner of Law, j for the year ISC8.
I’hysic. and Dentistry, ten dollars. | Sro. XII. That the Comptroller Gun-
2. Upon every L'agm rvean, Amhro- oral is empowered and required to cause
type, Photographic ran! similar Artists, j the tax to be collected by the first day of
fifteen dollars. i February next.
j 3. Upon every person carrying on the
| business of Auctioneer, twenty live dol
! lara.
4, Upon every keeper of a Pool or Bil
liard Table, kept for public play, twenty*
i five dollars for each table.
K ilt-s for foreclosure of Mortgages must be
iiidilishe-J Maul hhj for Jour Months—fur establish-
:i r lo*, i papers, f >r the full space of three months —
t.M lompelliug titles from r,seciiroi-s or Adminis-
trat.irs, wlisve bond lias been given by (lie <le-
ceAse.i. the full space of three, months. Charge,
V | oo p-,- square of ten lines for each insertion.
Publications will always be continued acoord-
in ■ to these, the legal requirements, unless oth-
er* ise ordered-
be bought in the South. My stock con
sists of all tho latest Styles and ffarelties oj
the Season.
Lip I will
TH UIISDAY , ami respectfully invite my
old friends and the citizens of Baldwin
and adjoining comities to be present, as J
will show them fashionable 4' cheap goods.
My Store is in the new Brick Building
recently erected by' Mr. Sam’l B. Brown.
Respectfully, &c.,
Sec. XIII. Repeals conflicting laws.
Approved October 5, 1SG5.
IDEQXSIOISrS
Ob' THE
si P R E M E CfLRT tiP GEORG!
Delivered at Atlanta, Dec. 15, ’US
Furnished (>>j N. ,/. Hammond, Svjtrente
Court Reporter, Expressly for the
Constitution.
G, Upon every keeper of a Ten-pin Al- j
ley, or alley of like kind, for public play, I
twenty dollars.
7. Upon every keeper of any otha» ta- I
Lie, stand, or place, for any other game, p> W (J Lazeobv, ailminUirator, dc.,
a nfirro. ! 7 .. J llT .. 7 .
vs. JMmc3 Jv. Wilson—Complainl
from Columbia.
name, unles
J for exercise aod aiuusemoni only, and not
have my opening on next j prohibited by law, ten dollars. ,
S. There shall be levied a specific tax, j -Varner J.—\\ ben ;t cause has boon
for educational purposes, of ten cents per | tried before a Jury, involving the value
gallon on every gallon of Brandy, Gin, I Confederate rnoitev, under the ordi-
Whisky, or Iiam, whether foreign or do- [nance of ihe Convention, and a verdict
James T. Roberts vs. James Matis-
lield—Assuo psit—Uto.n MitebtIL
McCay, J.— When A is the owner
of two promissory notes, due at differ
ent times, and of a mortgage on real
esiare securing them, and transfers one
to B, entering at ihe same time into a
vvrittlen contract that, he will, in a spec
ified lime, transfer to B and his as
signers the mortgage to secuie the note
and B translers the note and agree
ment, the note being stiff not due, to
C, and A aftei wards refuses to trans
fer tiie mortgage, except upon condi
tions, which C is not bound to accept.
A has still tho legal title to the mort
gage, Bui he holds it tbrC’suse, and if,
by the use of that mortgage, he collects
from the pmpcity mortgaged money
sufficient to discharge C’s note, C may
sue tor and recover the same from A.
.Tudornent reversed,
ft. F. Lyon, S. D. Irwin for plaintiff
in error.
\ asou iS: Davis for defendant in er
ror.
J unes T. Roberts vs. James Manstiehi,
Assumpsit from Mitchell.
McCay, J.—When A is the owner
of two promissory notes, clue at differ
ent times, and of a mortgage on real
estate securing them, and transfers
one of the notes toll, enleriag at the
same time into a written conlvaci that
ho will, in a specified time, transfer to
B. and his assignees the mortgage to
secure the note, and 13 transfers the
note and agreement, the note being
stiff not due. to C. and A. afterwards
-ion of time of prt\mint given by C lot The Savannah anti Ogt-eehee Canal
A, without the consent of B. the surety, j Company vs. John Riley, et. ak—
Equity from Chatham.
;eleased him.
; J. A motion was made, which the
Oouit agreed to consider in connection
with the record, to dismiss this case, on
Warner, J.—This Court will not
control the discretion of the Coutt be
low in dissolving an injunction, unless
ihe ground that the new Constitution of! there appears Jo have been an abuse
the State, adopted since the trial in the j of that discretion, in the violation of
court below, denies to the courts of j some principle of law’ or equity nppli-
this State jurisdiction to ertfbrce any I cable to the case, which Lite recoid in
this case fails to discover.
Judgment affirmed.
Hart ridge and Chisolm for plaintiffs
in error.
Jackson, Lawton, and Rassinger ibr
contract, the consideration of which
was a slave, it appearing fiom the
record, that the note in suit w r as given
for slaves, held that the judgment
which this Court pronounces upon the
poinls made by the bill of exceptions, j defendants in error.
render it. unnecessary to decide the j
question raised by the motion. Ilobuck Sc Ocr, et. al M vs. John Ilar-
Judgment affirmed. | kins, el. al. Bill lor new trial (ttwo
Lvon and DeGraflenreid lor plaintiff j Gordon,
in error. i Warner, J.—At the April term, lSt»7,
W.
error.
A. Hawkins for defendant in
Yena Thomas vs. The State of Geor-
g i a—M urclr-t — F ro m Su m pte r.
of Gordon Superior Court, a claim case
was tried during the first week of tla-
court, (the court holding two weeks,)
when a verdict was rendered by the
jury, finding the land levied on subject
Brown, C. J.—The bill of the indict-1 b> the execution. The claimant lelt
inestu-, which io solo fiy
quantities less than thirty
Htate, and the amount sold
any person in
giiiiotis, i« this
shall be given
rendered in favor of the plaintiff, an
their being evidence in the record
to
Mrs. P. A. LINDRUM. !io Quite/ oath. Quarteilv returns on'oath j lh< ; veril,u L and no error ai-
Milledgeville. Ocl.’r rt. 1868 40 tt j-ball be made cm tho first- flays of April, ' le(l S ( .T l ° ™ e chiir g» 01 L V eC,rUlt > ' <ucl '
} Jnlv, October and January, in cnch year, : x ^rict \vi11 not be 501 psicic cUjd ;l new
; Hv all persons vviibin the csmuHv, who s<dl j • * ■ vl otdcred hv tins Court, unless lii>‘
Milled "cviiir- 6.3tt a.M. j j .... . ~ J liquors in quantities loss than thirty gaL'l same is manifestly contrary to law ami 1‘ Hl
Arrives a: ilte 4 20 P.M. [ , J 1 ^^yNpEBSI^GNEJJ.-J , a v i , :g^|iureliascsd U.e-j j OUh> (l{ the. aoumtu sold during tlieiltio ptincipli’S of equity the more e?
Sr iulp flf Micoa & August?! 11. ii.
Leaves 0amak. daily. f| t 12.30 P. M.
CHANGE OF BASE.
Camak
yq;y yf _ 1 J f-Jo.tk of Mr. K, J IKSLEV , Agent, ttie busi- 1
. i . , ' hosr formerly condiieted by.liiin will be eontiuued 1
i .iss-‘n£fci6'le*viiip Augusta or Atlanta ea Day , , u ;U the ' oM 8tand , wh * e ' re a genera! stork of
PassengerTram ol Georgia rtaiiroad wilt make | s
•onuection at
on the above road, s
seugersleaving Mill
Atlao
iiit.-
anmk tor luteraaeanitep
xo for At aeon, <fc«. Pas- j
vil’e o.t 5.30, A. M.,reach |
a and Augusta s&rae day, and will make
: ,se couueetioiis s.t ciiiitr place tor principal !
lints in adjoiniug States
B. W. COLE, ; Oen’I44upt. ( \
Augusta,January 7,1668 * * ** 1 1
Dry
shoes.
Gfoods,
HATS.
OFFICE, At AC OK, G A., March 2-Ub, 1666.
Columbus Ti n in— Daily.
Leave Macon - r * P> A. M.
Arrive at Coiumlms tl.io A. M.
Leave Columbus ..... ... 12.45 1*. M.
Arrive at, Macon t>.20 P- M.
E fa ula 'fra i u— Du iIy •
Leave Macon 8.00 A. If.
Arrive atEui’auia - - o.30 P. M.
Leave Eufaula 7.20 A. M.
Arrive at Mac nil ... 4.50 P. M.
Connecting toith Albany Train at Stnit/tviffe
Leave ctmithvilte 1.46 P. M.
Arrive at Albany 3.11 P- M-
Leave Albany 9.35 A. M.
Arrive at 8mithville 11.00 A. M.
Cu.inrciing with t'urt Gaines Train at Cuthhert.
Leave Curbbert 3.57 P- Nt ■
Arrive at Fort Gaines 5.40 P. M.
L ave Fort Gaines - . 7.05 A. M.
Arrive at Cuthb<*rt - 9-05 A. M.
C 'tinecting with Central Railroad and Macon
A Western Kailro rd Trains at Macon, and Alout-
gemery At West Point Trains at Columbus.
VIRGIL POWERS,
Engineer &. Superintendent.
Schedule of the Georgia Railroad.
O N AND AFTER SUNDAY, MARCH 29th,
I -.•j-. the Passenger Trains on the Georgia
Railroad will run ns follows:
DAY PASSENGER TRAIN.
(Daily, Sunday3 excepted.)
Leave Augusta at 7.10 A. M.
“ Atlanta at - 5A.il.
Arrive at Augusta ...3.30 P. U.
at Atlanta 6.10 P. M.
NIGHT PASSENGER TRAIN.
L -ve Augusta at 3 45 P. M.
Atianta at 6.45 P. Al.
Arrive at Augusta 5.30 A. M.
“ Atlanta 4.00 A. M.
t>ERZELIA PASSENGER TRAIN.
t.-ave Augusta at * 4.30 P. M.
iler/'-liaat 7.00 A. M
Arnre :ii Augusta 8.45 A M.
‘■ at Bcrzciift ...... .6.15 P.A1.
i'astr'jgfcr.s for Miltedgeville, Washington aud
Athens, Ga., mast take Day Passenger ir;.iu from
Augusta and Atlanta.
Passengers for Wes! Point, Montgomery, Sel-
Qia. M iliile aud New Drleaiis must leave Augusta
" i Night Passenger Train at 3-4-5 P. M., to make
' lose connections.
Passr-ugers for N-isiivitle, Corinth, G vaiul Jnr.c.-
i on, Memphis. Louisville and St. Louis can take
eituer train and make close connections
t hrough Tickets and Baggage checked through
th- above ptaeps.
Pullman's Palace Sleeping Qara on all Night
Passenger Trains.
E. W. COLE, Gan’) SnporintVlt.
Augusta, March 26, 166S 4 tt
wlio Khali demand and collect ihe tax due
! when tiie return is made. It slinli bs the
[duty of tho Tax Collector to require all
j peraoua oeliing said liquors to make their
i returns, and jjay the ta.x llieieim, and i!
| any person cfiall fail, or.refuse, to make
i Itib retimie, and to pay s.-.id tax, hr shall
i be assessed by tlie Collector, n specific
; will be kept constantly on hand, and acid at low 1 Ux of tboueaiid OoIIki?, *and tLo Col-
! prices for cash. j fe ct ' ,l ‘ pvuce.eil to collect tne same by
j T. T. WINDSOR & CO
receding quarter. .Said retains shall be j pccially os the presiding judge before., - . . . .,
■ umdo to t tin I ax Gol ,cct».vr of the ccniUy, . wjiom tj rt* cti-t; wos ! iicd js *jjt i^ffed i ‘ 1 ‘ ^ * Rj ’'6, >7. D« I r win let jffumtlff | ,*i 1 imp, tlittl (lied. _. .. _
in error. j obtained ait order from the Court of j ^ ,e °l ^ ,<J ^ame.
{Ordinary authorixiug him to Coniiriut* j demiirretl D> the bill, which demurrer
i die business tor the balance of the vear, j x ' as overruled by the Court: Held
j for tlie benefit of the estate.
j b iOK •-! Commerce vs. Barrett, Carter; widow applied tor the year’s support
j & Co. | allowed bv law ibr herself and children,
Complaint jrom Richmond. [aud the appraisers allowed her S3J700,
Win. D. Greene, et. al. vs. Joint Jones, . ^Cny, J.^—ihe fact that the emu-[which was made the judgment of the
et. al. Motion for new trial from Lee.
Warner, J.—A note was made in
money sufficient
_; noie, C. m
an me Iron
with ihe verdict.
Judgment affirmed.
E. H. Pottle, by f,. Stephens,
plaintiff in error.
the court for Rome, on business, in
tending to move for a new trial iu the
case during the second week of the
court, but he was taken sick, which
prevented his return until after the ad
journment of the court. The claim-
ant’s counsel had drawn up a motion
for a new trial, but it was not offered
to the court during the term, and no
order was taken in relation thereto be
fore the adjournment thereof. The
claimant’s counsel, shortly before the
adjournment of the court, during the
second week of the court, left for his
home, in consequence of sickness of his
family, so that the motion foi new trial
was not made ul the term of the court
at which the case was tried.
On the 16th of October, LS67, the
Brown, C. J.—Two partners rented j so found subject by die verdict
store-house'for one vear from r2at!i i t-lie jury, was sold by the .Sheriff,
to be paid! atu * purchased bv R. M. Young. In
barge O’s j quarterly, and soon after dissolved the i ^ thrumy» 1S6S, this bid was hied lor
nay sue for and recover the j partnership, and one of them, contiim- j a " ew l, ial * n tl,e cii,i[5> oase » alleging,
i A. Judgment reversed. ;ed the business on his own account for | as ground (or such new trial, various
His administrator i error5 c °nimitted by the Court uj>ou
The defendants
ment contained but one count, which
was for murder. The jury returned a
verdict ofguilty of “involuntary man
slaughter,” which was received bv the
Court, and the jury discharged. A
motion was made in arret t of judgment
on the ground that there arc two grades
ofinvoluntary manslaughter—one pun
ished as a felony, the other by lesser
punishment. Held, that the motion
should have been sustained bv the
Court.
Judgment reversed.
W. A. Hawkins for plainiiffin error.
Solicitor General Parker for defen
dant in error.
I j refuses to t ransfer the mortgage,except
' up ai cop iitions, weioh C. is not bound j ^
to accept. A. has still the legal title I
to the mortgage, but be holds it tor C’s j
use. and if, by tlie use of that mortgage, j ; i
S. Boone, vs. Wm. tjirrenc, admin
istrator.—Equity : from Sumter.
he collects from the property mortgag- | November, 1867, the rent
to die
for! Vaso °
! error.
& Davis fer defendant
in
’ i, j Crockery, Glass Ware, 4c,
SOUTH-WESTERN JLR. "COT '
A. ft. Wr/gbi, by tlie He porter, Ibr
defendant in error.
! T3^ Ilaviug tlispoaed of my interest in tLe ba-
! sinews eoudnated by me in tbi.i place, 1 take j
! pleasure in. recommending uiy successors, T. T. j
j "WINDSOR & CO., to my friends, and would so- j
j licit for them a full share of the very liberal pa- ; . - . , . , , . , . . .
i trouajje they have heretofore extended to me. j ta xty, snail pay a ! a.i o. one (lunar for ee- . at Its pi CSC It l Value and t>u paid. I lit? t C
H. TINSLEY. Agent, t ucational parpoeca. ! were two credits made on the note,one
Milledgrevilte, Oct. 13, 1868 11 tf , 10. That all sifeht of hand performance | o« t L n.-,.i^r 1 Sc.i .,<{
sich-ration of a note is set forth on its | Court of Ordinary and which left the
face does not carry with it notice of the [estate insolvent. The ..iher partner
failure of consideration, if it has failed, ! was also insolvent. Tlie;laod!ord filled
exeautioii as iu oilier cases of taxes aus,
anti unpaid, to *:o into rfloct from aud af- ,, , , ■ r
ti 6i«f .1 di-tni-cr nnr December, JSt>4, payable the first of
e t , q’hat each and every male inbab- ' January thereafter “in currenctq aud i!° a P^ r3on taking u bunajide t nor ts he j a bill praying an iojanction against the l -| ,,r D ^ a J s
itaut of this State, on the first tier ot April j should tbe currency depreciate beyond j 111 nUC I H ^ :tS£ » T™ facto, _ put upon in- j administrator, io lestrain Li tn from J l ‘ ,e Gourt, s
last, hot ween ibo r.^cs of twenty oue and | its present value, it is to be estimated j ( I uir 3'> aiul o'->uud to enquire it the ffou- turning over the estate to the widow, or
■ (deration Las or has not laded.—
one
3?i:a2! PHOO.F
COTTON WAREHOUSE.
rXTIIE UNDERSIGNED have opened a Tire
-S- proof H a rehouse on Haacock street, and are
! R>. That ail slight of Land performance j lla , 0 q ^Slh December 1864, ar
Jes, or magicians, bind, pay to fc sum o, fif- j on t } JC o.jih February, 186-5. The
tv uollars (or cacti aud every pcrtoruiance, i ,, . . , , , J .....
y , , , f A „ i Gourt below charged the inry that “ he
m each and every county, where Ifioy ex-j .. , ° •* J . . i
Libit, to tbe county Tax Collector. credits on the note were an absolute ,
]1. That all Circus companies shall J ami full extinguishment ol the debt toj
pay the sum of one Luadred dollars (or | the amount of the credit;” held that |
each da}- that he, or they may perform, to j the ehftrge o! the Court was right upon
iss or Jins
Judgment reversed.
Barnes & Gumming fer plaintiff' in
errar.
W. T. Gould for defendant in error.
Byrd <fc Coker vs. if. R. Johnson & Co.
Equity from yurnpter.
McCay, J.—A contract between a
imw prepared to "^f O^E ^and^AD V ANC e” u pon \ the county Tax Collector of each and eve j this branch of the case in the absence ! hmior or a commission mercuaat and a
ail Cotton entrusted to them. Planters hare the ! ry county where they may' oxliibi t. lofanv evidence to tlie conlrarv, and giving a ben upon the crop of
12- TSal all otlK.r«l|o*»..r .ibibitiou«, |hot ' herc „ as „„ error itl re | u!a l lll « 5.«er E.r provision, furnished to
' PLAKTEKS' ?«?!* f ” the Court to grant » new trial U|)0ri ! mulie it, is not required by tire act of
i ,u l Ins state, shall pay tlie sum ol ta-eniy- evidence as disclosed by tbe record. \ ( ^ le 1 odi of Ueeeaiber, I860, !o be in
BAGGING, ROPE, TIES, aud
SUPPLIES always on hand. i five dollars iu each and
I2T We will make liberal advances on all Cot- j j l)i0y raa> - exhibit,
ton consigned to Ales.srs. Jones & vva\’, ioavan- . ^ j j
nab, Georgia. i 13. On aoy person ov company fame
eveiy county
Judgment affirmed.
otherxvise disposing of the same till his
rent was paid, Held, that the dtsolu-
liou oltlte firm dtd lint affect the rights
of the landlord, ns a tenant cannot
under our statute, transfer his iease
without the cousent ot the landlord ;
and the lease su fer as the landlord’s
rights were concerned, remained part
nership propeity and forms no part of
the estate of the deceased partner till
tbe rent is paid, and that the landlord
is entitled to his rent out of the pro
ceeds of tlie business done in the house,
or the stock iu trade ; for the time the
The jti i:it l * ,e dcnnuicr should have been
sustained by the Court, on ihe ground
that the ‘ complainant’s hill does not
make such a case as will entitle him t<>
relief in a court of equity. There is no
reason giveu, why the complainant did
not except to the ruiiugs of the Court
on the trial of the claim case within
thirty days after the adjournment of
so as to have had the alleged
errors corrected by this Court, or why
lie remained inactive unlil after the laud
was soid by the sheriff, before filing
his bill for a new trial. Beside, if he
had exercised proper diligence, he might
have obtained all tlie relief which he
now seeks, under the provisions ol the
3,66Stn and 3,670th sections of tlie Re
vised Code.
Judgment reversed.
W. H. Dabney for plaintiffs in error.
Smith & Branham and J. W. H.
Underwood for defendants in error.
writing. The lien is a good one be- administrator used the premises before
JOHN JONES & CO. j or refuting to pay the lu on shows and plaintiffs in error.
Milledgoville, Sept. 22, 1868 3« 6m exhibitions required by this Act, it sbAl j Kimbrough, W. A. Hawkins for d
a ~ be the duty of the Tax Collector, iu each
John Jones,
Lsto Troas’rer State of Ga.
Chari.ton II. Wav,
Savannah,G
West, Goode, Vason and Davis for! tAve(n ^ ie parties, and their agents and \ t( ie estate is turned over to the widow
purchasers with notice, though it he jofihe deceased,
i only in parol.
i A biii filled by ihe factor and sane-
j tinned, granting a nc exeat against one'
| fe.ndunts in error
JCUSTTCS & AVAl Y
Factors
—AND—
COimUSSlOX MERCHANTS,
Savannah Georgia.
Judgment reversed.
8. E. Elam, for plainiiffin error.
W. A. Hawkins, for defendant
in
error.
iff or Constable cf said comity, upon any
i and sJl oi’ tbe property that may be found
: belonging to said poreon or company , and
! all money so collected shall be paid iulo
I tli a Treasury of ibis Si ale for odm
i purpose.-.
farther enacted,
That
present-, _
ed by tlie record iu this case, tins coml j ought not-*o be disciiarged oil ihe corn-
will not control ihe discretion of thej * u g hi til the answer not denying the
court below iu granting a new trial.- j pfeiniiff s equity, except on iniormalion
There was no error in the court be- ;111 d bebei, even though supported i>y
low in refusing to charge the jury as an affidavit setting up title in the affiant
i(quested by defendiints counsel “.-is
io the law of the place where the con-
.ticnal
l -
Liberal aclvaucea made on all Cotton consigned
to us. by Messrs. John Jor.es & (.’o., WaveLouge- 1 Sec. III. Be itj
nien, Ham-ocb street, Alilledgeviile,Ga. J all • Railroad coinpoint:::, incorporated ir
September 22, 186d 3-S Gin this Slate, shall nay «oapiiDal tax of ooe , . .
.r/.Vj .C .f UfA niTTTlonM'C I half of one per cent. or. their net earnings, j t,act vvas nia ‘ io ; according to ihe evi-
Mm. UKML & Miss UAVIDoUiN IS j g EC . JV. Ail home and foreign Insm-j dettee presented by me record. I lie
| a nee couipaui'e?, doing busintaa in this I charge of the courl should be based up-
pz*.c~l'y^y,~^*! Slate, shall pay one per cent. o;i nil pre j frn ifie evidence before the court and
j tniums.in money, or otherwise, m*eived jury afid not upon an assumed Slate of
1 bv them; Prceithd, that when a home j'p .. . nmV ed j John B. Peri y vs. Win. H. Hodnett—
W 1 nex t * TIJESD a'y! September J-L at The j company pay* tbe, tax on its capital Stock j ‘ j u(|gm J Mt a ffi rmC d. Assumpsit from Calhoun.
Female Academy. Calisthenics and Vocal Mnsic I it s..a: p>ay no fax ll. i!s preunHiMo- ' uu . j} aities and Cummings for plaintiff Brown, C. J.— I A and B made ami
in error. delivered to C their joint and several
W. T. Gould for defendant in er- prorni^ory note, due twelve months
rot . ! after date. 0 afterwards, for a valuable
to the mop,especially' when the affidavit
docs not deny notice of the lien.—
Judgment re ve rsed.
W. A. Hawkins for plaintiflf in error.
Goode & Carter for defendant in
error.
or French. Pupils will endeavor to bepunctually i
present, as tteir absence without sufficient cause . P ^ “ A . ‘ L
will cn’e.-t their grade of scliolarship and diminish j amount Oi tfien icceip.s
tlieir chances in fho distribution of prites to be j this Stale, to be given i
awarded for Pnnrtualitp, Penmanship, Reading.
i Sptltina, Composition, frc.
AY (1 If, v- / fPnini i Tuition, §5 per mouth —paid month!g.
_ ~Ff.UL1.CL - v ' fl-CSlL —/Cl j A ff it pupils canhe accommodated irith board.
MUlcdgeville, August 25,1868 34 tf
STOVALL A RUTLKit,
0011:011 ‘VS^a.reiiouse
AND
General Commission Merchants,
XE W EIRE-PROOF WAREHOUSE,
JELAXJLm road.
Dfiy Ptissr.nfpv T/'dhi—OuivcBrd.
E*ave Atlanta 4-45 A. M.
Arrive at Most Point 9.50 P. M.
Day Passenger Train—hnciird.
F vv West Point'. 1 -30 P. M.
•Drive at Atlanta 6.20 P. M.
Might Er right and Pusst tiger—Out tea id.
Reave Atlanta. 4.15 P. M.
Arrive U t West Point 11.40 P. M.
\tght Freight and Passenger Train — Inter rd.
Leave West Point 4.20 A. M.
Arrive at Atbinia Jl.30 A. M.
tax oi' on© per cent, on the gross
at their offices iu
in aud paid as iu
the preceding Section, and that all do-
rriesric Express companies ami domestic { Fm-|ow, Price and Futlow
Insurance companies, ooiiig busiiiofis in j
this Stale, pay au annual tax of one liall.i
their
Wright Brady, 'administrator, etc-, vs
Equity
•of ono pci - eeot on their respective m- i . . . i - ,
* t!i . t lj)p fa ;_ a , £Ceee< j j aDls m an equity cause marie u monoir j extension nl Dme-of payment
comes
Pu
4 iiancjc of! rifcJufJ.u!a.
<> x ,
OFFICE tiOUTlI CAROLINA R. B. CO- 1
Augusta, Ga., March 25, 1 ?f>8. i
AND AFTER SUNDAY, 29th March,'
„ I S6>.rbcMai and P.-wsenger Trains of this
l ‘"*4 will Kinve and arrive at through Contra)
b*pot, Georgia Railroad, as follow-s:
Morning Mail and Pastcnger Train
^ ur Charleston, coonecting* Train for Colombia,
Carolina, CharloUe Road, and Wilraing-
Dii aud Manchester Railroad.
L-ave Central Depot at - 5.7*0 A. M.
Arrive at Central Depot - 3.30 P. M.
‘'fit Passenger if Accommodation Train
per ^Charleston, conneetieg wiih Train for Co-
iU *obia,aud withGreenville aud Coluiabia Rail*
read:
Liive Central Depot at 3.50 P. M.
Arrive at Central Depot at..... 7.00 A. M.
H. T. PEAKE,
General Superiiitendaut.
j Southwest Corner of Day and-Jackson Streets, j you will tin© anawors give ft) ai: lawful
1 questions, which I may put. to you, touch
ing the return you art about to make, aud
tba! you will niako a tine return of all
your taxable property : So help you God,’’
And it shall bo tbe duty of the officer
taking such returns to enquire of each and
every person taking said *>atb, touching
all <>i his taxable property, or bis liability
for specific taxes as named in tiffs Act;
and tbe Oompttoiier Gcnerxi shall publish
a list of all questions to ho propounded to
Tax payers
consideration, agreed with A, without
the consent of B, to extend the time of
payment twelve months longer. C
from Sumter. I endorsed and delivered the note to D.
Warner, J.—When the complain- j afler it was due, with'notice of the
D, afier
bv tbe above Sections on Insurance com- \ «0 ibe court below to have the cause ! said time expired, sued A and B as
panies are subject to mod id cation by sub-1 set down for trial, which application j maisors and o as endorser, and ootain-
sequfut lcgisiatiou *>f this Genera! As- 1 to the court was resisted on thegroam! i ed judgment. B, wijr».wr S _then absent
j that the. several claims of ’die plainiiflsi io the iriifiiarv service, returned, after
be .',ufiffuis> j in that biff, iiad been adjudicated by a - the. rendition ol judgi/ienl, and entered
J! per^uis making return of their i former’decree of the couit iu a cause ! an appeal wi'iiiin -the time allowed by
of
he
A and had no
Koinbiy.
See. V. That the ©at?
tere
to
\ tax able pieperty pi-.a.il be in tb© words fo!~ ; jj j which the complainants, with others,j tiie oidinaricc
• lowing: “i'ou do solemnly swear that W erc parties, and the court upon in - j 1803, nod set t
AUGUSTA. GEORGIA.
51. p. STOVALL, ‘ D. E. BUTLER,
Of August*. Ga Of Sdhuiitjoa, Morgiuyco., Ga.
September 1, IStiS -’5 3m
~T0 rONSUMfeKlTo^OAL.
Greet Reduction in Rules per Cttr Load,
16,000 jmtnds.
From Chattauooga to Millcdgovillc, • 1 y32 05
“ Goal Creek, Tcuu., via Kuoxville, 45 10
8. K. JOHNSON, Asu’t Snp’t. Ga. R. R.
August!, Sept. 24, 18li8 *)9 fit.
the Convention
up the defence that
Oy&tor Saloon
nr is open, j*!
Millodgevilto, Nov, 10,18(>8 45 3t
VI. That all taxes assessed under
this Act efisdl be collected in United 8tstes
currency,- and die value of the property on
die first day of April last shall be tbo ba
sis of the taxes-
Skc. VII. That there shall be no tax on
income, other than piovideo by Sections
3 and I.
btc. VIII, T’lnit nothing in tiff* Act
pection of the record not being stills-j was only a surety f
bet] that the claim ofthe complffinantsl interest iu tht ennsiffpration of the note,
bad been settled and adjudicated by j A, who had entered no appeal, died
lhat former decree, ordered the cause ! before ihe iria! and was not a party to
!o be set down for a hearing, to a seer-! tbe “issue on trial. Held, that rui the
lain that fact, which order of tlie court | issue between P, as plaintiff and B ns
was accepted to stiff brought to' this ! dele:aiairt, B-was-st competent witness
court. Reid, time the decision com.-j under our slat tie to'muvit that he was
plained of by the plaintiff in error, was J only h surety to the Stole. Iu a ssuif b\
ifi>| suclf a final disposition of the cause ! A’s representative, afterpayment out
estate,.against B for contributions
A and B, who were parties onJhe same
side of the original contract, would lie
apposing patties to the issue on trial,
and B would be an incompetent wit
ness. • ; . • ‘
2, The evidence that B was ouhr a
surety and ihat C knew that A wa* lo
pay the debt, vvas sufficient to sustain
the finding ofthe jury and the caten
as would entitle him to bring up the
decision of the court below to tins court
upon a bill of exceptions thereto, under
4191st section of the Code ; the cause
being still pending in the court below,
in accordance with the express terins.of
order of the court, lo which exceptions
are taken.
Judgment affirmed.
B. Ilili for plaintiff in error- • U '
Pinny & Johnson vs. Robert J. Bovve
and Isaac Levy, Sheriff*. Rule, etc.
from Richmond.
Brown, C. J.—While the statute
known as the slay-law was considered
in force, the plaintiff - in fi. fa. notified
the Sheriff" that the judgment was re
covered against the defendant as bailee,
which was one of the excepted cases
in the staiuie to which it did not ap
ply, and directed him to proceed to
make the money by levy. He refused
to do so, and in response to a rule,
claimed that he was not bound to levy
under the notice : because the fi. fa.
did not show on its face that the case
was within the exception. This was not
a legal excuse. Ho should have made
tho levy under tlie notice and left the
defendant to his affidavit of illegality
or other proper remedy, if the tacts
were not slated in the notice, and hav
ing tailed to proceed with tlie fi. fa. lie
is liable. Judgment reversed.
Frank H. Miller by W. Hope Hull
for plaintiffs in error.
Hook and Carr for defendants in er*
Samuel Houston, vs. The State—Bur-
glary f rom Chat bam.
Warner, J.—When, upon.the trial
of ihe defendant, charged with the of
fence of burglary, it was proved that
the parties in possessietl of ihe ware
house alleged to have been broken and
entered by the defendant, were in pos
session of iIre same under a written
contract for rent or lease, for a defmib
period of time : Held, that this parol
proof of the possession of the ware
house under written coat fact for lease
or rent at the time tho alleged burglary
was committed as charged iu tlie in
dictment, was sufficient to sustain that
allegation without the production oi
the written iease.
Judgment affirmed.
Hartridge, Jones and Richards, for
plaint iff* in error.
Jackson, Lawton and Bassenger, (for
Solicitor General) for the State*
PACIFIC RAILROAD.
The Union Pacific Railroad Com
pany official.y announces, “that nine
hundred and sixty miles of the line
west from Omaha are now completed,
and the work is going on through the
winter. As the distance between tlie
finished portion of jhe Union aud Cen
tral Pacific Railroad is now less than
409 miles, and both Companies are
pushing forward the work with great
energy, employing over 30,000 men,
there can be no doubt that the whole
grand line to the Pacific will be open
tor business in the summer of 1S09.”
It is further stated that “the Company
have in use 137 locomotives, and near
ly 2000 cars of all descriptions. A
large additional equipment is ordered
to be ready in the spring. Tire grading
is nearly completed and lies distribut
ed tor 120 miles in advance of the
western end of the track, fully 120
miles of iron for new track are now de
livered west ofthe Missouri river, and
90 miles more are tn route. Tlie total
expenditures for construction purposes
in advance of the completed portion of
the road, is not less than eight million
dollars. Besides a donation from the
Government of 12,800 acres of land
per mile, the Company is entiiled to a
subsidy in United States Bonds on its
line as completed and accepted at the
average rate of about §29,000 per mile,
according to die difficulties encounter
ed, for which the Government takes a
second lien as security. The Com
pany have already received $22.1-55,-
000 of this subsidy,of which $1,280,000
was paid December 6, and §640,000
December 14.”—Macon Telegraph.
Important Homestead Decision.—
Hon. Joseph Wiison, Commissioner of
-he General Land Office, says the Sa
vannah Republican, has decided that
when a man and woman have each
taken a homestead, and subsequently
marry, they may select which home
stead they will reside upon and culti
vate, aud pay for the other, under the
8th section ofthe homestead law, upon
the uccessary proof of settlement and
cultivation from date of entry. The
fact tint a woman marries after enter
ing a homestead doss not debar her
trorn holding the same, provided she
complies with tbe requirements of ihe
law.
Tb« Bible Society Record «avs, that in more
than two hundred langpuago* tbe people of the earth
era permitted to read the word of God iu th**ir «>wa
tongue, in whieh ther were b»nt.
