Newspaper Page Text
Term
^
r v r. O >rL JVC U cic i:5 O aST 3
,. ; pi ;’Oi£S AND PROPRIETORS. •
i,<m) per iiiiiiiiiii, in Ailvanre.
MILLEDGEVILLE,GEORGIA, TUESDAY, JANUARY 5, 1889.
No. 1.
, — I ,pr C»f l^ll lilit-fi, Pftcll
v ; i i M;Ti b;tiits jmd others fi»i.-ill
ve.: 8 25, t" live per ctnl oil'.
I.K«
.HVr.KTISil
2 00
5 00
3 oo
5 00
1 50
2 50
r> oo
5 oo
l oo
j oo
! F
, — Citati'Hisior Ictltr^ oi
.'fini.’iii, jrioiriiiaiifil'jji, vS-c. $3 00
s l L -i! notice * -
....nlorlet.Pfs of dijui’n Iroinadm’n
, \ ,.i i n' lHt-rsof uisia'aofguurd’n
. , j'..r leave u> sell Linil
!, ; i livors and Creditors
L Hid. per sy.7«/v of la) Hues....
. - ui.'.i, per si|-, t*'.i days
■ iv;* 1 *i lev/ di'iVji lines, or less..
, . 1 ; of leu hues or. less
- s-iles, per sq. (2 months)
j - . •'.•losni e of mortgage and oth-
U-.ii: !t!y*s, »er square
ujtiv 'S, thirty Jays
i£ spec:, Resolutions by Societies,
A"., excel ding six Hues, to be charged
-dent advertising.
jflesnf Land, by Administrators, Execu-
(liu'.'liiiiis, are required by law, to be held
;; iS t vuesday in the mouth, between the.
■ tc.i ia the foreutiou and three iu the af-
a; the Coart-'i'iuso in the county in which
iji-rtv is situated.
ci these sales must be given iu a public
pi days previous to the day of sale.
..... fur the saie of personal property must be
manner 10 days previous to sale day.
\' b es to debtors and creditors of an estate
j.;.!-; also be published 40 days.
Vitice that application will be made to the
,,i OrJiji.iry for leave io sell laud, must be
,, ;<|-ed for two months.
Ciuti o:.< for letters of Administration, Guar-
u,iu. Ac., must be published 3Uday.s—for dis-
r ;,,p, u fi-jin Administration, munikly six moniIts }
j-’,. (li-niissiou from guardianship, 40 days.
U jI-s for foreclosure of Mortgages must be
f/ for four mouths—lor cstabiish-
: jjj , srs, for the j till space of Hirer months —
titles from Executors or Adminis-
b Hid has been given by the de
space of throe months. Charge,
re of tea lines for each insertion,
will always be continued accord-
TvTaoon <$c, 'W r Gstern
—DAY TRAIN —
Leave Macon 7.45 A. M., arrive at Atlanta, 2 P. 51.
AtlantaT' a.Ai.,aTrivcatMacoii, J.'JuP. >i.
—NIGHT TRAIN —
Lmve Macon 8.40 P. 51., arrive at Atlanta, 4.] P.5!.
Atlanta 7j P. M., arrive at Macon li.jJ A. 55.
- Micoa & Brunswick Railroad.
tTiwrni-irrtnrKiiiiu^
.» r .. i officers.
■; G - 11 HAZLEHUR3T President
•’ B°r SCHWOT, Master Transportation:
H. C. DAY...— .Secretary & Treasurer.
Leave Macon 3 I’ M., arrive at Macon. 10.30 A. 51.
Leave Hawkinsville 7 A. M.,arrive at Hawkins-
vitie, <i.30 P. M.
March i I 1868 j i
H ^ ^ ^ ^ ! i$
Mrs. P. A. LINDRUM,
- V t Home a tra i l l !
— _
I e.m just from New York, wilh one of
tbe nicest and beat selected Stocks of
RillU LAWN.
Tin; following are the Hoad Laws
as published in Irxvin s Code, lor the
guidance of Road Commissioners. Un
der the late law of the Legislature, the
Ordinary of each county bus the mat
ter under his direct conlrol, and where
the words “Inferior Court” occurs, ii
should now read Ordinary.
c. 665. All defaulters must file their excuses, if
any, on oath before the Commissioners, who must
meet at someplace within the district for lining
defaulters, of which place of meeting they shall
give ten days’ notice, iu writing, at one or more of
DECISIONS
OF THE
SC P R 15 3i 15 COIRT OF GEORGIA,
Delivered at Atlanta, Dec. 22, ’(>8.
Furnished by N. J. H tmmnvd, Supreme
Court Reporter, Expressly for the
Constitution.
W. W. Whitlock et. al. vs. Jane Vann
el. al—Equiiy—From Thomas.
Brown, 0. J.— By the third item of
the will of A. V. he gave to his wile
during her widowhood, certain negroes
ibe most public, places in ibo district,and no other and other personal property, and about
notice shall be’necessary. , , , , 1 . - - , ,
live hundred and twenty acres ol Ian 1,
known as his “Home Place.” In case
of her marriage the negroes were to
l>c divided into three Io!s—she to take
net-ess
v\ (>66: Such Commissioners must issue execu
tions under their Lauds and seals for their war-
j rants of arrest, as tbe case may bo,] against
i each defaulter who fails to render a food excuse.
• directed lo any k
I an,*, collect the s:-
■'ell in ‘
lur
iu' to
er.vi.se ordci
ilic legal requirements, unless otli-
od.
SrjHa!.- of M:iroii & Anisia R. R.
L,s Camnk, daily, at .— 14.30 1 J . 51.
•• '.liiledgeviUe — 0.30 A.M.^
Arrives at Mi icdgtville 4 40 I’.M.
Ciirnak- b.OO A. M.
Passengers leaving Augusta or Atlanta on Day
I’a-Minger l’raisi of Georgia Railroad will make
imuection al Carnal; for intei mediate points
. :i ihe abovo road, and also for Macon. Ac. Pas-
. . iug Milledgeville at 5.30, A. M.,reach
Atlanta ami Augusta same day, and W'il make
f n-c ■ "jiiii-'ctions at eiriir-.r place lor principal
y Gils in adjoining 8i ates.
E. W. COLE, Geu’l Supt.
Augusta, January 7, 1868 - 4 tf
.MH/fHAVKSTEitNinrco;
OFFICE, MACON, GA., March24th, 1858.
f '< dumb its i'rntn—JJntly.
5 15 A.M.
I l.t5 A. M.
12 15 1L.M.
0.40 P. M.
-Puily.
L. ;vc Macon 8.00 A. 51.
Anive at Enfauta 5.30 P. 51. i
L ,.v iiufiula 7.40 A.M. |
Arrive at Macon 4.50 P. M. i
it in it, tiny in lli jV Pint/ Train at Smith rifle i
L'-.ive 8inithviU(! .... 1.40 P.51, j
A;: ivc at Albany.....- ... 3 11 P. 5j . |
ie-.tv- Albany 0 -15 A. 51.
at Smithvilic.. — 1 1.00 A. M.
Cuno-lim itiilh furl Haines Train at Cuthhrrt.
Ic-ave Git*libel?. 3.57 P.M.
A. live at Fort Gaines '... 5.40 P. M.
I. re !•'«;( Gaines 7.05 A. M.
Arrive at Cnthb-rt 0.0.4 A. 51.
cun i ling with Central Railroad and Macon
v '.Vest*!--i Railr-v-td l raiuSfit Macon, and Mont-
.ui* rv A West Point Trains at Columbus.
VIRGIL POWERS.
Engineer &- Superintendent.
ill Constable, wjo shall levy
ms executions i.-med from the 1 one, and his two youugesl sons each
Mil
«LlJf E II Y,
u.
Si aeon ......
at, Columbus..
Joist iribu.s
r.t Macon
Fuhiula 'l'ram—
FAKT C5T GOODS,
ihaI: Las ever been brou^lit to this place,
wliicb I intend to tell as low as they can
be bought i-j tl»e South. My stock cons
sisls oi all the latest Styles and Novelties tf
the Season.
LY" I will have tnv opening oti next
THUliSDAY, cud respectfully invite uiy
obi iVienns and ibe citizens of Bal*iwin
and ."djoiuing counties to be present, as I
will show them fashionable *!y cheap goods.
My Slore is in the new Brick Building
recently erected by Mr. Sain’l B. Brown.
Respectfully, See.,
Mrs. P. A. LINDRUM.
Milledgeville, Oct’r 6, I8ti8 40 tt
(HANGE <7f BASE.
T HE UNDERSIGNED having purchased the
Stock of Mr. H. TjnslEY, Agent, tiie busi
ness formerly connected by him will be continued
by us, at the old stain], where a general stock of
Dry Goods,
SHOES, HATS,
Crockery, Glass Ware, Ac,
Justices’ Courts [or, as the case may be. arrest the
defaulter and bring him before the Commissioners
to abide tin* judgment, of tlio same.]
<1 04. There sh.iil be three Commissioners for
each road district, any two of whom may act, and
in ease there is only one in a district, that one is
invested with all the powers of the three until the
vacancies are tilled.
V* fii)3. Such Commissioners are appointed or
r«-appointed by the Justices of the Interior Court,
biennially at their xhst meeting of the years of
the appointments, and, whenever necessary, to
till vacancies at any time.
fi:)4. Those thus appointed are compelled to
serve, unless excused by such. Justices, wbo shall
receive for such excuse providential cause only.
0 (i‘J5. As soon as appointed, they shall be no
tified thereof in writing within u days thereaf
ter by the Clerk of the Interior Court, and if such
appointees do not, v ithin ten days after receiving
such notice, tile their excuse iu writing, under
oath, in such Clerk’s office, they shall be consid
ered as having accepted.
$ 6!*6. If a Clerk fails to give such notice, he
is guilty of a contempt, and shall be by such Justi
ces tiued twenty dollais for each neglect.
j (11)7. Huc.h Commissioners, while in office, j
ate exempt from all jury, patrol, militia, and oilier
road duly.
ii Gf)3. It is their duty.
1 To appoint, within fifteen days, one o'r more
persons tn their respective districts as overseers of
the read.
4. To apportion tlm roads and hands nndoi their
charge at the same time as equally and fairly as
possioie, and to furnish the several overseers with
a list of the roads and hands under their respect
ive charge.
3. To hear a
fault or other violation ui the road laws within
the!) jurisdiction [if not indictable only) ala Court
to he held by tin m twenty days after every road
working, or as often as emergencies may require,
and to isst^ executions or other process against
rite convicted.
otic ?!iaro, anti his said two sons to
lake the alliance of the property in
said third item, including the “Home
Ulnce,” whir i was in lie held by their
guardian till they were ol age. Testa- .
for afterwards sold the “Home Place” j !hc Ju<l 8 f ’ s (,(,cket > lowing action on
to K for 810,000 and look notes and 1 c,iusc i ^ hen the action does not ol li
gnin st B and C, partners, who are both
served an answer, the bill praying an
account, and one of the partners dies:
Held, Thai his personal repiesonta
int ives idusi be maue parties to the bill
unless it affirmatively appears that he
died non -resident, and that there are no
effects in the Stale in which his estate
lias an interest.
When a bill is filed against a partner
ship, and after both have answered,
one of the firm dies, it is not error to
permit, before parties are made, an
amendment correcting a misnomer, as
to the Christian name of the deceased
patlner.
When a suggestion is made of the
death of the party and entered on tiie
Judge’s docket, it is not error, even af
ter judgment, to aiiow the entsy to be
made, vvnc proiunc, on the minutes.—
It-is only the correction of the neglect
of the clerk.
It is the duty of the clerk to trans
cribe into the minutes ail the entries on
the Government of the United States.
3ml at a lime when there was no ot!i
er currency in cbtmhuion in the Con
federaev.
*2. But while such contracts might,
it would seem, be sustained as between
subjects of the Confederate Govern
ment, made w’hife it was recognized
by the Government of the United
States as a belligerent power, they can
not be enforced under the new consti
tution of ibis State, which declares
that, “Ail contracts made and not exe-
’elected ami hold Ins office for the term
of two years, shall take an oath before
ilie Mayor well and truly to discharge
the duties of his office, ele: Heid that
the object of this .act was to promote
good government and order in the citv,
and that it was the duty of the Council
to elect a Recorder; and that it was
clearly the intention of the Legislature,
that the office of Mayor and the office
of Recorder should be separate and
distinct offices filled bv different per
sons one of whom is required to take
cuted during the late rebellion, wilh j tbe oath of office before the other ; and
the intention, and lor the purpose, of j that the provision in the statute which
aiding and encouraging said rebclion, | authorizes the City Council or Mayor,
r> intention, ami lor the nnrnnae. in the ahsenr-e r»t tl.o ....
ct wise appear on the minutes
Judgment affirmed.
Walton Sc Shewrnake for plaintiff in
error.
Johnson & Montgomery for defend-
for §10,000 and error.
Johnathan Miller vs. Arlemus Gould—
Complaint— from Richmond.
Warner, j.—Where a contract was
made between two citizens of the Con-
gavc bond tor titles. Afier this sale
In; added a codicil to his will, in which
he expresses itis purpose to give direc
tion to a “certain fund that lie shall
have,” and recites the facts of the sale
of i he “Home Place
directs that “said sum of money” be
reinvested by his executois in a plan
tation for the use of his wife during
her life or widowhood, and if she
should
gotoh , 0 , . _
in the third anti font th items of his will, i ll,e consideration ol which
He afterward collected $2,500 of i he | . was Confederate treasury notes, the on-
purchase money, which he used, and - 011 culaiing currency at that time,
soon after died. The balance of the | and wi,lch was recognized as lavfal by
the assumed authority which had the
marry again, raid plantation to I liberate Suites, dining the war, on the
s two youngest sons, as set f*>nh i Jtd.Vi 1302,payable tinee y’ears
purchase money has never been paid,
ilie the title to the “Home Place” re
mains in the estate, and Iv, the. pur
chaser, is insolvent.
Held, that theie was an adepdon
of tbe specific legacy to the extent of
teiriiiae upciqa!! c;;-;es of fie- j the §2,500 collected and used bv the
actual possession and control over the
territory and people at the time the
contract was made :
Held, Thai .although the issuing of such
notes by the assumed Confederate au
thority, (or the purpose of carrying on
with the intention, arid tor the purpose,
of aiding and encouraging said rebel
lion, or where it was the purpose and
intention of any one of the parties to such
contract to aid or encourage such re
bellion and that fact was known to the
other party, whethr r said contract was
made by any person or corporation
with the .8ta!e or Confederate Stales,
or by a corporation with a natural per
son, or between two or more natural
persons, are hereby’ declared to hare
been, and tn he ill nail and all hands,
deeds, promissory notes, bills, or other ev
idence of debt, made or executed by the
parties to such contract, or either of
them, iti connection wilh such illegal
contract, or as the caused oration, there
for or in furtherance thereof, are here
by declared null and void., and shall be
so held in all courts in this State when
an attempt shall be made to enforce
any such contract or give validity to
such obligation or evidence if debt. A nd
in all cases when the defendant or any
one interested in the event of the suit,
will make a pica supported by his or
her affidavit, that he or she has reason
to believe that the obligation or evi
dence tf indebtedness ii\mn which the suit
is predicated, or some part thereof, has
been given or used, for the illegal pur
pose aforesaid, the burden of proof
shall be upon the plaintiff to satisfy the
court and jury that the bond, deed,
note, bill or other evidence of indebt-
ness upon which said suit is brought,
"ill h<! kept constantly on hand, and tsold at low
prices for cash.
T. T. WINDSOR <A CO.
i'iF’ Flavin" disposed nf mj jnt«r*.Kt in tin* bu
siness condtn-.ted by me in this pWe, I
pleasure in recommending in)' successors. T. T.
WINDSOR & Ct)., to my friends, and would so
licit for them a full share of the very liberal pa-
trouap'e Iliej have heretofore extended to me.
H. TINSLEY. Agent,
Milledgeville, Oct.. 13. 1808 4j tf_
3FV3: IFt PHOOP'
C0TT0H WAREHOUSE.
| testator before his death, uud as there a „ war against the Government of the
: is nothing fur the codicil to act upon till rn v , 3'’ ^ ave been illegal,
I the purchase money duo at his death !,s against that Government ami the cit-
| (which is the “certain fund” that was j zens lhe,eof ’ vrho, during the war, were
4. To keep a book in which to eater— j the object of it) is collected, thecodicii, ! ‘ ie !iClUal . protection of that
First. The several hands in their respective disr! made under a mistake, did not revoke } Government outside of the lines of the
r.rict3 subject to road dniy; to what mads .wi i the will, as to the “Home Efface and I assumed Confederate authority, yet
what purls thereof assigned, and raider what ever- | j j j j d j , V OU!HT*l i Sllc1 ' * Contract made between CltizODS
.wer; changing atia correcting il time to t.ine, as J WU, V ' 1 >• • » • 4 , \ c i \
ma V he ueccflsa ry. - sons take it under the third item of the resulmg in thin the lines of the assumed
Srconit. A list, of all defaulters md porsonc. fiimd, ! will. Hut should the purchaser at a ! Confederate authority, in their ordinary
the aanmnu fiuod.amonntx paid, what disposition i (jjture time pay ilic balance of the pur-| busil!CSS I ransfteiiotiS between them-
unpaid. chase money and interest,anti compel a j ,ilH ‘ having no connect! n with flu:
5. To pay Io the Gounly Treasurer, as -:oon as i conveyance of the land, the codicil u ill! Ifose-uUon of the. war against the United
enHecied, that portion of the fiu« raon-y hojong- j ,| irn jJnaeh to the fund, when so paid I IS n ° l an l!lc tffd consideration, as
I in, and it will be the duly of the e ve-1 f <{« cuinnULlintf panics themselves,
annually on tl.o first r.t Decciob*: to report to lt*«- j (t.’oco t<* mv...., a „ ,7iai]ttJtton for tri<* T U(‘5' U.IN lllg IftHtlC the. contract. lIMiiei ^
Justices of the interior Court tbe condition of the j vv j ( { ovv a ,.,j ,. Jj j y rt .,, ., s directed iii ^ ^ ,e : ‘.ssuined authority which was then | these evidences of debt to ;i citizen, or
pubhe roads and i.udyes :n lbetri* sp.me .its-j 1; _ : , ’ I over them, and which assumed author-1 subject of that Government, but it also
ity (whether t ightfully or wrongfully is J declares the evidences of debt so issued
in the absence of the Recorder, to ap
point one of their body to preside in the
Recorders Court, contemplates the
temporary absence of the Recorder,
and does not authorize the City Coun
cil to abolish the office of Recorder and
direct the Moyor permanently to act as
Recorder.
2. The City Council of Augusta
have power lot stablish such By-Laws,
Rules, anti Ordinances as shall appear
to them requisite and necessary for ihe
security, welfare and convenience of
the city, or for preserving peace, order
and good government within the same,
not repugnant to the Constitution and
laws of the land.
3. Any person who shall erect or con
tinue, (after notice to abate) any nuis
ance which tends to annov the commu
nity, or injure the health of the ci’izens
in general, or to corrupt the public
morals, is liable to indictment under
the penal code of this Stale. The le
gal offence of continuing a nuisance is
not complete before notice to abate.—
And until the notice is given, and the
legal offence is complete, the citv au
thorities have power, as n police 'regu
lation, to punish for the continuance of
such nuisance, as would subject the
offender to indictment after notice to
abate. But when the offence is com
plete, they have only power to bind
over the offender to the proper court
to answer for the offence.
4. A landlord who has leased prom
isor are not, nor is any part thereof, ises to a tenant is not liable lot a nu-
founded upon, or in any wav connec- j isance maintained upon the premises
ted with any such illegal coni ract, and 1 ‘ '
has not been used tn aid of the rebellion,
and ihedaie ol such bond, deed, note,
bill, or other evidence of indebtedness
shall not be evidence that it has, or has
not, since its dale, been issued, trans
ferred, or nsi.d in aid of the rebellion.
3. The constitution not only declares
the contract to have been, and to be il
legal when lha Confederate Govern-
mcm, it* ui tin. iijiHJiiion,
execution*
0
iv'tlli
Si'hejiiic *d ihe Georgia
AM) AFTER SUNDAY, MARCH ‘29th,
■**;-;, tin! l'.-isstfHger Truins on the Georgia
ij .vill ran as follows:
DAY PASSENGER TRAIN.
(Daily, Sundays excepted.)
Ia*:ivc Augusta at-.-- 7.10 A. M.
“ Atlanta at 5 A. M.
Arrive at Augusta J-J0 P. 51.
“ nt Atlanta fi.JOP. M.
NIGHT PASSENGER TRAIN.
Leave Augusta at — 5* !’• 5L
Atlanta at 5.45 P. 51. .
Arrive at Augusta 5.30 A. M.
A tlanta - 4.00 A. M.
1JERZELIA PASSENGER TRAIN.
i. live Augusta at 4 30 P. M.
“ D jfiS.*iiaat - -7.00 A. 51
Arrive at Augusta .8.45 A 51.
' -it Berzelia 0.15 P.51.
Passengers for Miiledgevillo, Washington and
Atli ns,(iu., must take Day Passenger Train i'rein
Augusta and Atlanta.
Passengers for West Point, Montgomery, Bel-
nta, M .-jit- and New Orleans must leave Augusta
i Night Passenger Train at 3-45 P. M., to make
< ia*e eonu.ictions.
Passengers for Nashville, Corinth, Grand Junc-
Lon, Msuipiiis. Louisville and 8t. Louis can take
rith-r train and make close connections.
1 hrougii Tickets and Baggage check ed tit rough
to tin* ahove places.
Pullman's Palace Sleeping Cars on all Night
Passenger Trains.
E. W. COLE, Gcn’lSuperir.t’dt.
Augusta, Starch 46,1888 4 tf
flUwita SI. flu clssL SSPoint
xit mo-A-io-
rr^FIE UNDERSIGNED have opened a Fire
JL proof fVnrthousr on Hancock street., and are
iimv prepared to STORE and ADVANCE upon
all Cotton entrusted to them. Planters hart tin
opportunity ujfuriled tin m of holding their crops at
a small ex pense, until prices snit them.
RAGGING, COPE, TIES, and PLANTERS’
SUPPLIES always on Land.
I*-" Wc will make liberal advances on all Cot
ton consigned to Messrs. Jones <&. Way, Savan
nah, Georgia.
JOHN JONES A CO.
Milledgeville, Sept. 22, 1868 38 but
widow at
said codicil.
Judgment reversed.
A. it. Wright, J. Ii. Seward and
William Dougherty for plaintiffs in
error.
A. T. Mclntvre for defendant in nr-
JOIIN JOKKS,
Late Treas’rer State of Ga.
Charlton H. Way,
Savannah,Ga.
tries, the state of the finances, wh
arc outstanding unpaid, amt their condition.
6. To inspect, from tone to time, (he public j
roads, bridges, and ferries within their districts, no- i
ticetiie character of the repairs, and observe if such
road is regularly posted and direction boards put
tip as ventured by law, and if said bridges and fer
ries are iu proper repair.
7. To exorcise a general snpcrvis'on over their j for.
rnsoeetive overseers, and to tine them for neglect
of unty, and to see that'persons are indicted for! __ , , - . ,
the otleiises set.forth in the road laws. i MritS D. Dobbins V5. A. 1 oilCl ft• flu
8. To administer ail oatbs. relative to the road } —Equity—From Chatham.
McCay, J.—Whore a. bank nnffo an
assignment of its assets for the benefit
law s, coma-clod with their duties.
vi <ci’D. in Disking up the list of road workers,
they must not include the following' description of
persons, who arc exempt from such duty—viz : | ( >f its otcdilorsjintl a large portion ol the
Lr.cemea iimiisivr :, teachers nn<l st.rin^iits of col- i - ~ 1 , .
luges and schools, keepers ol public grist mills, j tlSSt’ln \A0a 111 money at U Ctiaikt.L Value,
or used lobe null and void.
4. A bond, deed, promissory note,
bill or other evidence of debt, declared
by the constitution, or by a statute to be
illegal, null and void, whatever may
public ferrymen, Keepers of toll bridges, turnpikes, j and a creditor, nearly twelve months
t ,.n . , |
at white I
can sew ays, and plana roads, engineers an
persons in charge of cars or trr.ius ruunisig on
railroads, officers of the United hn.tes, this 8t;.te,
or any County thereof, and all others exempted iy
iru.y special law.
£ 7Ut). T hey are authorized to pay overseers r.m;-
hatf of the lino mODOj as compensation to him as
informer.
C> 701- [Whenever the Grand Jury in any Coun
ty in this State shall present any Road Oommis-
sioimrs tor neglect o! duty gcucraliy, or in any j from th
particular, it shad thereupon be tx'io duty of th
Clerk of the Court to issue a summons in wriiin
nfler the assignment, filed a creditor's
bill, charging that six months afier the
assignment, and again shortly before
the filing of the bill, he had demanded
his share of the cash assets from the as
signees and they had refused to pay
him unless he would release the bank
whole of his claim, and t,ie
| bii! prayed an account: Held, that the
directed to such Commissioners, comrmtiidiiig j bill WHS not demurrable. If there Was
them to be anti appcz.vr.t the next iet.-i ot the Su-, COIQ pjjcation or cause for further delay,
it ought to be set up by way of defence,
it cannot be assumed.
Judgment reversed.
W. Dougherty tor plaintiff’in error.
Jackson, Lawton and Bassinger for
defendant m error.
J ONES & WA Y
Factors
—AND—
COMMISSION JIEKCIIAXTS,
Savannah Cfeorgia.
Liberal advances made on all Cotton consigned
to us. by Messrs. Johu Jones &■ Co., VV arohouse-
men, Flaucock street, itilledgcviile, Ga.
September 22, 1868 3S 6nt
MrsTofiME & Miss DAVIDSOMS
■SCHOOL,
\
W ILL BE re-opened for the tlte Fall Term,
next TUESDAY, September 1st. at the j
Female Act demy. Calisthenics and Vocal Music
will be added during ike fall months to the Eng
lish conroe of study. No extra charge for Latin
or French. Pupils wiM end-avorto be puiu iunlly i t ; c ,.j ar p ( j striet or 0 f cbmmffisionsptlm Cmr.niL-, . .... . ,
present, as their absence without yuflitien- cause | J. " . j district shall co-oi>erute in arran-*- I l.ltlOll IS injured, through a Ilf gleet of
will effect their grade of scholarship and diminish
their chances in the dir/ 1
perior Court in v. i ich the preaentmen* i* 1 it'aiie, t<
answer the accusation of the Grand Jury, wlilc;
-ai'l suinnions shnil be served by the Shc-rilf tip-
on the Commissioners at least twenty days be
fore the Court to which ti.e same is return
able; and if, open the investigation of Ike case,
it shall appear that, the accusation is inn io out by
the proof, the Judge shall thereupon impose upon
such Co nmiseivi.ers a line of v,-a loss.than fifty
dollars nor more I lieu two hundred do,tars.] , j . — ——
J | TV Mayor a,„l Al.lcrnK-n of S:,van-
i\ 70S. 'i’lit* Clerkthe-Court ia cIjkh-d ij is- » n«** h VS. Mill’S D. CuilcilS anu Wilt'—
sue extent ions against t Ik m lor the. tine and os’s, j , ; ust , p, om Chatham,
wliichehitll be executed by the fihenn. the lien . ., ,, . . . . ,
of s „cb executions, and (he property .“nhicct there- ! McCtlV, J.— A municipal COrpor‘1-
ro, arc die same tlioee ngain-:t tiefaultiog road | tit-u, ihf, owner of a Market, the Stalls
W " ! 704.' When any public road may be on which it ro.llS, is boU!)d JO keep the
read district line, and tllo Justices of the inferior j pavement ill lrout ol the Stalls in a Safe
Court have not. <*pecmby assigned >Mo any par : romiitiou, Olttl if a citizen of the cotpo-
tiot now the question) recognized the cur
rency as legtd and valid al the time the
contract, was made ; therefore, as bet oxen,
the contracting pa) lies themselves, I he
plaiiuiiT helow is entitled to recover.
Held, nbo, That the contract in the ' have been its market value, can have no
record mentioned is not such a con-1 legal value, and cannot, in law, boa
i ract made with the intention and for the j valuable consideration io support a ron-
purpose of aiding and encouraging the
rebellion, as was contemplated, or is
embraced within the provisions of the
constitution ol this State.
Judgment of the court below af
firmed.
McCay, J., concurring.—1st. A con
tract was entered into between resi
de!! s of this Slate in 1S02, of which
Confederate currency is the considera-
i : on, is not void.
2d. To sustain such a contract i.L is
not necessary to bold the Confederacy
a government d: facto in the technica 1
sense of that term.
During the late war, Confederate
money was in such universal use
ns a currency in this State, that
it was impossible to trarisac the
iracl. It follows therefore, iliat a note
given for Confederate Treasury notes
has no legal consideration to support it,
and the contract is avium pux.vm and
void.
•3. The constitutional provision ap
plies only to executory contracts, or to
bonds, deeds, notes, bills or other evi
dence of indehtuess used in aid of the
rebellion. It the contract has been ex
ecuted the court will not aid either par
ly to undo what has been done. Ifnot
executed the court will not enforce it,
but will leave the parties where it fin^s
them.
VV. Hope Hull and J. T. Shewrnake
for plaintiffs in error.
G. G. McWhorter and J. Ganabl
for defendants in error.
by a tenant during the lease. If the
nuisance existed upon the premises
when ihe lease was made, the landlord
is liable. But if the tenant continues
the nuisance alter he obtains exclusive
possession and control, he alone is li
able lor its continuance. As the land
lord under our statute is liable for nec
essary repairs on the premises, if the
nuisance grows out of his neglect to
iiffiirc Tire n.jrrtln? ttu ~r»mcrm n:a* mnlVT
them and set off ihe reasonable value
against the rent due the landlord.
Judgment reversed.
C. iSueed, by Montgomery, fur plain
tiff in error.
J. T. Shewrnake for defendant iner-
or.
most ordmmy affairs without its use, _
and the same public policy, that for J Alexander Dunn vs. Harriet Bryan
purposes of humanity and necessity, 1 ‘ / ' u "’
recognized the Confederacy as a bellig
erent will excuse the use of Confeder
ate money and save from illegality a
contract based upon it.
Though the issuance of Confederate
money for the purpose of carrying on
4 tf.tribnSoir <Tf' prizes' to be j aml
lily. Penmanship, Fending, "‘VVoff'Vu books soffit
JP5
Day Passenger Train-
Lenvc Atlanta
Arrive at West Point
Day Passenger Train
Leave West Point ....
M.
M.
‘litirartl.
.. 4.45 A.
. 0.50 1*.
hum rd.
1.30 P. M,
4ni,-y at Atlanta G-20 P. M..
height Freight and Passenger—Ua/irard.
K-.'.vt; A'lama 4.15 V. ?•!.
Arrive at West Point 11.40 P M.
^‘ght Fr.-ightaad Passenger Train — homed,
Lk'.-o West Point 4.80 A. M.
'■' r ive at Atlanta 11.30 A. M.
ri/uaupc o f: lclLllIe.
OFFICE SOUTH CAROLINA R. R. CO., I
Augusta, Ga., Match 25. 1868. )
AND AFTER SUNDAY, 20th March.
. ' 1 V-, the Alai kuJ Passenger Trains el this
/ ” will leave auj arrive at through Central
"Pot,Georgia Railroad, as follows:
Morning Men! and Passenger Train
I Larlest.on, connecting Train for Columbia,
/ 0!Jth Carolina, Charlotte Road, and Wilming-
and Manchester Railroad.
jsave Central Depot at 5.5(1 A. M.
Arrive at Central Depot 3.50 P. M.
l\’g!il Passenger Anon mod at ion T/uin
oi ^Charleston, couue;*ting v i Train I’orCo-
ioad* 1 ’ a " ^ w *diGrccnviHe and ColumbiaKail-
L^v-j Centra! D^<,t al 3.50 P. M.
f,lTaa< Cciitrsl^epotat 7.00 A. M.
xU, T. PE ARE,
GcneGtA^u perintenden t.
awarded for 1‘iniciiiu
Spi-lling, Composhinn, he
Tuition, yJ.pfcr month—pail monthly.
Jjjp- A few pupils can In. arewuutedutcd with board
Milledgeville, August 25, 1868 34 II
STOVALL A BUTI.LK,
Cotton V^areh-OAis©
AND
(jeneral Commission Merchants,
NEW FIRE-PROOF WAREHOUSE,
Southwest Comer of Bay and Jackson Sheets,
AUGUSTA, GEORGIA,
51. P. STOVALL, D. E. BUTLER.
Of Augusta, Ga. Of 5Iadison,5Iorgan eo., ria.
September 1, 1868 ^ iJ oD1
ToiiNSBMBlisTFliOAL.
Gr.zffl llrductio» in Hates 2>cr Car Load,
16,000 pounds.
Front Chattanooga to Milledgeville, $ 32 W)
“ Coal Creek, Tenn., via Knoxville. 45 10
S. K. JOHNSON, Ass t Sup’t. Ga. R R
Augusta, Sept. 24, 1868
nd appointing the ovcraeeis lor 11his duty by the officers of the corpo
ration, the corporation i> liable (o the
39 Gt
@®IWS}
Oyster Saloon
* taP IS OPEN Jfc
Milledgeville, Nov. 1(L18f»S
A-
45 3t
Commissioners are re-
•j.lived to keep must be furnished by the Justices
ot (fieIinV.rior Court at the expensed (hoCounty,
:>.nd cut of the road money, ii a ay, and- vrhen lull
must he deposited Lu the office of the Clark of the
Inferior Court.
9 7KG. After li e Couimissione.'. has f;.ittifully
served t-hrengh lue term oi hut appoiirttxient, lie
nmy obtain from the Cistk of the Ittferiw Ccutf a !
certificate of such tad.
extent of the injury received.
Judgmc-tit affirmed.
the late, war against tiie United tStale
was illegal, yet a contract entered into
between parties in ibe transaction of or
dinary business, with no intent on their
pari, to aid in the resistance of the
Government, is not void, simply be
cause the. consideration of the contract
was Confederate money. In general,
E. J- Harden, by the Reporter, lor a tide given for an illegal purpose is
intiflsin error.
Thos. E. Loyd for defendants in er
ror.
is requited
at such’ crossing, H ReU-i Commissioner, or au j
overseer of the road district wliore the croesiug is, j
must notify Ihe nearest agent or employee of the |
company, in writing to remove such obstructions, j
« 747. \YLsn any rffil ca l over which a cr.issirg ! , T , . ,,,. , , . •
-ball bx- obetr ncteO.or not in good ord- r j J • J* i lCICe VS- I ItOS. Mofltallj ollTVIV-
or, of K. M. Bruce & Co—Equity—
From Richmond.
McCay, J.—Equity will not euter-
r to put such crossing in proper order within j j a j n jurisdiction for a tort, HS SUcl),eX-
iirty dav* from the date of such notice. i • •
6 749. The Coiuruiseioncrs shall then issue exe- cept to prevent it.
When A, a warehouseman, files a
bill against B and C, partners, also
warehousemen, alleging that they, as
factors for D. had, in conjunction with
D, illegally goL possession of certain
collon which had been stored wilh A
cut!oil, under tliffii hands aud seal,directed to any
lawful officer, for the Hinoiint of such value and the
costs of the proceeding against such defaulting
railroad company, as iu case of other defaulters
q' K(;E .—The New York World says
to Radical Congressmen: “Gentlemen, [
you can’t keep the South down. Cork ■
y ou ci«. i ..-v f ".7 , r ^ j by various panics, and had removed it
rises, and you will cet tired ol holding! - r , • ’ . .
. •’ , r ■, . - o.ii ol tlio fMato, to be sold on D s ai>
o under water long before its iiuoyan- i , , . , ,, ■ ., ,
'*■ . r i c i i count, aatl proved that B and C be
cv departs. Let’em alone, ffio long
, t , , , • enjoined from paying llio proceeds to
as they keep the pence and pay their
raxes, what have we to do with their
pots and pans ? Government is a plain
mailer. It is value received. And
the pot and pan business don’t pay.”
The Legal Tender Act.—The consti-
i utioiuility' of this act will coma before
tfieSupiem** Court ol the United Slates,
at its ore sent term.
joined from paying the proceeds
i), and that they be decreed to account
to A for the value of the col loo : Held,
xhai this is it bill for account and lhat the
true owner? of the cotton, A’s princi
pals, ought to be made parlies to the
bill.
2. Equity requires all parlies at in-
leresi within the juiadj'ction to be par
ties to u bill. When a bill ia filed a-
void, and cannot be the consideration
for a contract even between parlies
who a strangers lo ibe contract itself,
but under the peculiar circumstance
existing in Georgia in loG‘2, Confeder
ate currency, though in itself illegal,
had a substantial value from the neces
sities ol the ease, and between parties
resident where the necessity existed, a
contract ol which it was ihe considera
tion is not void.
Brown, C. J., dissenting.—The Con-
federaie estates in the late contest were
recognized by the Government of the
United .States, and by oilier govern
ments, as a belligerent power conduct
ing war, and ihe Government of the
United 8tai.es made cartels for the ex-
e..auge of prisoners with it, and it
would seem that (his recognition car
ried wi:h it the acknowledgment of its
riglu to piovidojtselfwithsu? lacnrren-
cy as might enable it to carry on war,
which would be a good consideration
for a eouiract between two subjects of
llie belligerent powers, when made in
ihe ordinary course of business, with
no intention of tlio parlies to aid the
Confederacy to conduct the war against
Equity—from Chatham
Brown, C. J.—John Waters died
testate leaving three daughters. By
the Eleventh item of his will he direc
ted dial the residue ol his estate, after
the payment of debts, and for certain
improvements, lo be invested in bank
stock, and that his Executors hold it in
trust for the equal use and benefit of
his daughters aforesaid, during their
respective lives, and after their deaths
then in trust for the use of the children
of his said daughters, and if either of
his said daughters died without issue,
her share to go to her sisters, and if ei
ther died leaving issue, her.share to go
to her issue. One of the daughters
died without issue. Another died leav
ing one child, the wife of plaintiff in
The Legal Tender Case.—The
suits before the Supreme Court now
pending lor decision and attracting so
much attention, involve a single Gut
comprehensive point. The case from
New \ ork Bronson, executor, vs.
Rodes—represents the question.
It is, says ihe Nashville Union and
American, whether the contract paya
ble according to its terms iu gold and
silver coin, made before the passage of
the legal tender law, could be discharg
ed after its passage bv a payment iu
legal lender notes. It it be decided
that such a tender was not sufficient,
parties who have received treasury
notes in return for coin deposits, or fin-
coin contracts, may recover the differ
ence.
The opening argument thus slated
the merits of the case : “The suit orig
inated in (he State of New York by a
bill in which the equitable powers ot
the court were invoked to compel the
cancelment of a mortgage. The only
particularity of this mortgage consists
in the fact that the morigage deed, in
stead of specifying dollars, merely pro
vided that it should be paid “in gold
or silver coin, lawful moi#ey of the Uni
ted States. The mortgage was made
in the year 1851 and matured in the
year 1867. In the year 1S63 after the
passage of the legal lender act, the
complainant in the suit below acquired
a title lo the equity of redemption in
the mortgaged premises, and shortly af
terwards he tendered to the mortgage,
ihe plaintiff’in error, tbe nominal amount
of the morigage debt iu treasury notes
on a dav when the valued those noies
as compared with coin was as 1 to2.-
25 ; that is, SI in gold was equal lo §2
25 in the money tendered. Trie ten-
error; the third is still in life. Ruled, . , r
dial the three daughters were tenants [ der was refused, and the action was
of the will brought to compel a cancellation of die
the mortgage. When this case was first
in common under this hem
and lhat die two survivors took
share of the sister who died without is
sue, equail}'. in toe simple, and upon
the death of the second sister, her
daughter took her share in like manner,
and became a tenant-in-common wilh
the surviving daughter of the testator.
Judgment reversed.
Harlridge & Chisholm, T. L. Loyd,
for plaintiff in error.
T M. Norwood, for defendant iu er
ror.
Win. J. Vason vs. the. City ol Augus
ta.—Certiorari—Iroin Richmond.
The statute of 15th February, 1S5G,
enacts diet the Citv Council of Augus
ta shall be and they are hereby author
ized lo elect an officer to be known as
Recorder, in whom they may vest ex
clusive jurisdiction of.dl violations of
these ordinances, etc. The act also
provides that said Recorder shall be
heard before his Honor Justice Grover,
a member of the Supreme Court of the
Slate of New York, the bili was dis
missed, his Houor there deciding that
the money tendered was not equiva
lent to tbe kind of money called for in
the mortgage. An appeal from that
| judgment was taken to the general term
of the Eighth Judicial District, when
the judgment was speedily reversed ;
not ivovever, by unanimous court, Mr.
Justice Grover dissenting, anti on an
appeal by the present defendant in er
ror to our Court of Appeals, the judg
ment of the general term was affirmed,
and in effect deciding lhat the tender
of the treasury notes was sufficient ”
The Richmond Whig prints a col
umn of reports of crimes in ihe North
under the title of “Northern Civiliza
tion.”
v
