Newspaper Page Text
Vol. la*
MILLEDGEVILLE, GEORGIA, TUESDAY, JANUARY 12, 1869.
No. 2.
H ORME Sc S O 1ST 3
EJiIi’D'LS A\L» PROPRIETORS.
Terms
i n v K k T i S 1 K fi—Per s cj ua r
A ) no. Alerr!iai>is and others foral!
ijiserd •*
n tj.iii) ner unnnm, in Advance
of t eii lines , each
and others fo
ntj live per cent oil'.
I.KUAI. mjvkhtisim;.
, —Citstionelor letters oi ad-
U ‘[ fjittiiUitfoardi.irship. &c $3 00
llo ii-stead notice i 00
, u ition lor letters of dism u ironiadm’r
tor letters of dism'not'gnard’n
fi’a'i "it'ion for leave to sell Land
(,i Doli’.ors and Creditors
<1. per s'/a.trr of ten lines
iul, per sq.. ten days
IvX aoon <5c- "W"estern
—day train —
Leave Macon . 4;» A. M.. arrive at Atlanta. 2 P. M.
Atlanta 7.J A. M., arrive at Macon, J.JoP. Al.
-night train —
Leave Macon 8.40 P.M., arrive at Atlanta, 4.1 P. M.
Atlanta73 P. M., arrive at Macon 3. to A. M.
r> 00
:: f»o
00
& Bntaswirk Railroad.
„ OPPICKBS.
G. 11. IIAZLE HURST
\\>UC'
5 00 KOBT ^CHMUrr,
5 HO j L>AA Secretary & Trea-itiier.
Sate >'t I*- 1 * , . 1 • ,
r ;f:—K ion levy <*| Uu lutes, or less..
s of li-.u tines or (css
.ales, per sq. (2 months)
., -I Leave Macon 3 P. M., arrive at Macon. 10.30 A. M.
5 on! Leave Hawkinsville 7 A. M.. arrive at Hi
V m vilte, 6.30 P. M
o IHJ
March 1 I 180*
CHANGE OF BiiSB
twkins-
1 i
>1 >rtjra jc
( 1 *• R*
-foreclosure of mortgage and oth-
' e/ in mtlily’s, per square..
E-itray notices, tliirty days
fribat.;i of Respect, Resolutions bv Societies,!
A.e..,escecdni^ sis. lines,to becharged J UNDERSIGNED bavin? purchased the
KOI U LAWS.
Tilt* following ;ire tilt* ROAO I.AWS
as published iti Irwin s Code, lor tin*
guidance ol"Rond Commis.ionf.rs. Lit
dor the late law ol the Legislature, the
O.iDiNAi.Y of each county has the mat
ter under his direct control, anti whete
$
the words “Inferior Court” occurs, it
should now read Ordinary.
DECISIOISTS 1
of the jserved an answer, the bill praying an
SUPREME CUI RP OF G E 0 R G I A, | account, and one of the partners dies:
Dkl.v,:red at Atlanta, Dec. 22, ’68 | Held, That his jtersohal represema-
' j tatives must he made parties to the bill
gainst B and C, partners, who are both j he Government of the (miied States,
ntd at a iim** when there was tto olh
ftiH'l
as tru
065. All defaulters must tile their excuses, if
President, any, on oath before the Commissioners, who must
ncet at sumo place within the district for fining
defaulters, of which place of meei in? thpy shall
giv>- ten uays’ notice, in writing, at one or more of
the most public places in the district.aad no other
notice shall be necessary.
yi 666. Such Cononissioaers must issue execu
tions under their hands and seals for their war
rants of arie.st, as the ease may be.] against
each defaulter who fails to render a good excuse,
directed to any lawful Constable, who shall levy
and collect the same as executions issued from the
cat adverts.ing. I * Stock of Mr. H. Tinsley, Age.ii; Col ‘ , , ts . [or ; ?" «*e«»6c raaj be. arrest the
S des of Laud, by Administrators, Execu- j } less hnmeriy conducted by him will be continued e ’ ' U " blm " h,, “ bLl01L l,K - Comnnsstonus
by ns, at the old stand, where a general stock of
(jiuuliaus, are required by law, to be held
on the tirst Tuesday in the month, between the
hours of ten in t Ire foven-XBi and three in the af-
t ,. llr 0 ,i. .itthe Court house in the county in which
t j,. propel** v is situated.
y.itics of tlr se sales must bo given in a public
„; 1/c ,;, r pi days previous to the. day of sale.
Notiee for the sale of personal property must be
j-icei! iu like manner 10 days previous to sale day.
Notices to debtors and creditors of an estate
must also he published 40 days
y.iic - that application will be made to the
Court ot Ordinary for leave to sell land, must be
published for two mouths.
Caution* for letters of Administration, Ouar-
. must ho published oOdays—iur dis
miss iuu friiin Administration, monthly six months ;
for dismission Lorn guardianship, 4tl days.
Kil. s for foreclosure of Mortgages must be
published nte.i'hlg for four months— for establish-
j n , | lM , papers, for the full spare of three months —
lor cJiupeliing titles from Executors or Adtniiiis-
tM tors. where bond has been given by the de-
oeisi'J. the full space of three months. Charge,
41 ml yj sq tare of ten lines tor each insertion.
Pipnioatious will always be continued accord-
juft') tii.se, the legal- requirements, unless oth
er)) ise ordered.
Dry Groods,
SHOES, HATS,
'kery, Glass Ware, Ac,
will be kept constantly on hand, and sold at. low-
prices for cash.
T. T. WINDSOR »V. GO
_ Having dispose)] of my interest in the bu
siness conducted by me in tlvjs place, 1 take
pleasure in recommending my successors, T T.
WINDSOR &. CO., to iuy friends, and would so
licit tor them a full share of the very liberal pa-
tronage they have heretofore extended to me.
H. TINSLEY. Agent. !
Miliedgfiville, Oct. 13. I8C8 41 tf
i)> abide tile judgment of the same.]
Gihi. There shall be three Commissioners for
each road district, any two of xx Loin may act, arol
in case ihere is only one in a district, that one is
invested with all the powors of the thr
vacancies are tilled.
(51)3. Such Commissioners arc appointed or
re-appointed by the Justices of the Interior Court,
biennially at their that meeting of the years of
the appointments, and, whenever in rcssary, to
Hii vacancies at any time.
b <>9l. Those thus appointed arc compelled to
oei ve, unless excused by such Justices, \x ho shall
receive for such excuse providential cause, only.
0 035. As soon as appointed, they shall he no-
tided thereof iu writing within ten days thereat-
ter by the Clerk of the Interior Court, and if such
appointees do not, within ten days alter receiving
such uotice, iile their excuse in writing, under
oath, in such Clerk’s office, they ..-ball be consid
ered as having accepted.
(j'Jti. If a Clerk fails hr give such notice, he
Furnished by A. J. H-tmmoitd, Supreme
Court Ucporlcr, E:c[tfessn/ fur the
Constitution.
FIE.E PROOF
COTTON WAREHOUSE.
1110 E UNDERSIGNED have opened a Fin
1. orooj W arehouse on Hancock street, and are
c . .. .. | how prepared to STORE ana ADVANCE upon
jS/ l.'.i IlO 01 Jl'll'Ofl & AUg*ijia II. li. ;l11 Gotton entrusted to them. Planters hart the
| ces fined twenty dollars for each negiect.
yi (V.)/. Such Commissioners, while iu office,
are exempt from all jury, patrol, militia, and other
road duty.
? G98. It is their duty.
1 To appoint, within fifteen days, one or more
persons m their respectiv e districts as overseers of
the road.
\V. \Y. Whitlock et-al. vs. J a he Vnun
«*t. ;i!—Equity—From Thomas.
Brown, G. J.— By ihe tliir.l item of
tin* will of A. VT he gave lo his wife
tinting her widowltootl, certain negroes
and other personal property, and about
five hundred and iweniv acres of lan I,
lxn j\vn tis his “Home Biace.” In ease
ot her marriage the negroes were to
be divided into three lols—she to take
one, and his two youngest sons each
one share, and his said two sons to
take the balance of the properly in
said third item, including the “Home
Bluee,” which was lo bo held by their
uutil the guardian till they were of age. Testa
tor afterwards sold the “Home Place”
to Iv for ^J0,000 and took notes and
gave bond f>r titles. After this sale
be added a codicil to his will, in w hich
lie expresses his purpose lo give direc
tion lo a “certain fund that he shall
have,” and recites the facts of the sale
of ilie “Home Place” for $J0,000 and
directs that “said sum of money” be
reinvested by his cxecutois in a plan-
talion for ihc use of his wife during
her life or widowhood, and if she
should marry again, said plantation lo
| go to It.s tw'o youngest sons, as set forth
[iu the third and fourth items ofltis Aviil.
He afterward collected $2,500 of the
pmebase money, which he used, and
unless it affirmatively appears that he
died non-resident, and that there are.no
t-flicls in the State in which his estate
hits an interest.
When a btU is filed against a partner*
ship, and after both have answered,
one of the firm dies, it is not error to
permit, be line parlies are made, an
amendment correcting a misnomer, as
lo the Christian name of the deceased
pat iner.
When a suggestion is made of the
death of" live.party and entered on the
Judge’s docket, it is not error, even af
ter judgment, to allow the entry to be
made, nunc protuuc, on the minutes.—
| It is only (lie correction of the neglect
of the clerk.
It is the duty of the clerk to trans
cribe into the minutes all the entries on
the Judge’s docket, showing action on
ilie cause, when the action does not oth
erwise appear on the minutes.
Judgment affirmed.
Walton &She\viuake for plaintiff'in
error.
Johnson & Montgomery lor defend
ant in error.
Johnathan Miller vs. Arternus Gould—
Complaint—from Richmond.
W at iter, J.—Where a contract was
made between two citizens of the Con
federate States, duiing the war, on the
12ih of July, IS62, payable three years
after date, the consideration of which
was Confederate treasury notes, the on
ly circulating currency at that time,
purchase money hits never betu paid,
lln* the title to the “Home Place” re
mains in (he estate, and K, the pur-
Lwl-s tiam.ik, dnily, at 1-.30P. M.
• • M j ile.ige vi 11 p .* . 6.3(1 A - M . 2$
Arrives at Miiledgeville 4 P.M.
Cam ik 9 GO A - M.
PassmtgcrsleRving Augusta or Atlanta on Day
Passeiiget train of Georgia Railroad will make
do.e connection at Garnik tor inter mediate points
uu the .luoveVoad, and also for Macon , A e. Pas-
senders leaving Milledgevilleat 5,30, A. M .,reach
Atlanta and Augusta same day, and w>ll make j
curt? connections at either place for principal 1
pointaiiiadjoining States.
E. W. COLE, Geu’l Supt.
Augusta,-January 7,1868 1 tt
SOS’ T JI -\V EST E li if if." k.' wi.'
OFFICE, wACON, GA., Mar;-lii4th, 1868.
opportunity afforded them of holding their crops at
a small expense, until prices suit them.
BAGGING, ROPE. TIES, and PLANTERS’
SUPPLIES always on hand,
fy We ' V ‘*I make liberal advances on all Cot-
JOHN JONES A CO.
Muledgeville, Sept. 2*2, 1868 38 6m
‘2- To apportion the roads and hands undertb
charge at llie same time as equally and fairly as | cflil^Cf, is insolvent.
possible, and to furnish the several overseers xvit.h Held, thot tl.ete W8S an adoption
of the specific legacy to the extent of
the S>2,500 collected and used by the
testator before his death, and as there
is nothing fur the codicil to act upon till
Columbus 7
7 am— Daily.
L.
*.:ive
Macon
515 A.
M
A''
rive
at Colinnlins.
11.15 A.
M
L.
>ave
Columbus
12 45 1*.
M
Ai
ri v ti
1 :;i Macon
6.2H f*.
A) .
Ft fan la Tram— Daily.
Lt
j;i v e
Mar on
8.00 A.
M.
Al
! i v»*
at F.ufauia
5.30 P.
M
L.
utve
Euf.tulH
7.20 A.
M.
Ar
n v e
.it M.-icin
4.50 P.
M.
nerd lug :Vi/h AJh I■
mi Tea 1 a aL <S/«/thru
L<;
,'ive
S.nitli villo
1.16 P
M.
A i
rive
at Albany
3 11 P.
M.
Li
:HV“
Albany
9 35 A.
M.
Ar
five
at Stnithville..
11.60 A.
M.
Con
nnct
ing with Furl Haines Train at Cuthhc.r,
1."
ave
Outlibf-rt
3.57 P.
M
Ar
rive
at Fort Gaines
5.46 P.
M.
J,-
.•ivo
Fort. Gaines ...
7.65 A.
M.
A r
rive
at. Cuthburt
9.05 A.
M.
(J )
-rie*
■ting with Ceil!
i.niI R.ulroaJ and Mae<
a list of the roads nod.hands under their respect
ive charge.
3. To hear and determine upon all eass-s of de-
fault or other violation of -the road laws within
theii jurisdiction (if not indictable only) ata Court
to be hold by them twenty days after every road |
ton consigned to Messrs. Jones A Way, Savan- j working, or as otten as eniergO'i-ies may inquire, [ jj|^ purchase money duo at Ills death
nab, Georgia. and to issue executions or other process against i / i i • ,* > .■ , ,
:he convicted. (which is (be “certain fund Dial was
4. To keep a hook ill which to enter— [the object of it) is collected thccodicil,
First. The several liaruls in their respective dis- i made under a mistake*, (ltd not tevoke
tliets subject to road duty : t.. what roads and j ,| lC w j|| as to the “Home Place and
what parts thereof assigned, and under xvhat over-1 . i , ., J i , ,,
seer; changing and correcting it time to time, as
may be necessary.
Second. A list of ail (lefaullors and persons fined,
the amounts lined,amounts paid, wliat. disposition
made ol the money,
ntionid.
John Jonkm,
Lite Treas’rcr State of Ga.
Ciiari.ton II. Wav,
Savannah, Ga.
<TONES & WA Y
Factors
—AND—
CO.ViniiiSlON ItlEKCIIAlKTS,
Savannah Ueorgiit.
| to us l>y Messrs. John Jones A- Co., Warehouse* !
j men, Hancock street, Milledgevitlc, Ga.
| September 22, 1868 38 6m 1
.■hat executions issued and
soon after died. The balance of the | a,1<1 wl,ich was recogniaed as lawful by
the assumed authority which had the
actual possession and control over the
territory and people at the time the
contract was made :
Held, That although the issuing of such
notes by the assumed Confederate au
thority, for the purpose of carrying on
tt war against the Government of the
United Slides, ntay, have been illegal,
as against that Government and the cit-
zens ilteicof, who, during the war, were
under the actual protection of that
Government outside of the lines of the
assumed Confederate authority, yet
such a contract made between citizens
residing within the, lines of the assumed
Confederate authority, in their ordinary
business transactions between them
selves and having no connection with the
prosecution of the war against the United
Stoles is not tin illegal cmnidcralion, as
malt: and pemaTiE.
Linton. Hancock county. Georgia.
Rev. J. T. ADAMS and IVY W.
Associate Principals.
A W-'t-T.i rt.iilmaj i rains .it Jdacui, and Mont-
£i.i -r- rc Vx’cst Puiui Trains at Golumbus.
VIRGIL POWERS,
Engineer A Superintendent.
SdibSiile of Ihc Georgia Railroad.
/ \\ AND AFTER SUNDAY, MARCH 29th, j
** 18.;.'. the P.i'Sengei Trains on the Georgia
Itailimi)I will n.ii ns follows:
DAY PASSENGER TRAIN.
(Daily, Sundays excepted.)
heave Augusta at 7.10 A. M.
Atlanta at ’. 5 A. M.
Arrive at Augusta 3.30 P. M.
at Atlanta O.H) P. M.
NIGHT PASSENGER TRAIN.
L'-jv Augusta at 3 4o P. M.
*’ Atlanta-at 6.45 P.M.
Arrive at Augusta .5.36 A. M.
“ Atlanta 4.00 A.M.
I1ERZELIA PASSENGER TRAIN.
L * ive Augusta at — .4.30 1*. M.
ileraeliaat 7.1*0 A. M
Arrive at Augusta 8.45 A M.
" at jlerzelia - ..6.15 1*. M.
Passengers for Miiledgcvilie. Washington aim *
Athens, Ga., must take Day Passeugei Tiaiii froui i
Augusta and Atlanta,
Pa-sengcrsfor West Point, Montgomery, Sei
ms. Mobile and New Orleans must leave Augusta
on Night Passenger Train at 3.15 1’. M., to make
close connections.
Passengers for Nashville,Corinth,Grand Juno
tion, Memphis Louisville and St. Louis can take
either train uu>! make close eonucctions.
Through Tickets and Baggage checked through
to the above places.
Pullman's Palace Sleeping Cars-ofc all Night
Passenger Trains
ibid ihc widow and ihe two yottugesl
sous lake il under the (bird Hem <*! the
will. Bui should the purchaser al a
lulute time pay the balance of the [>ur-
ebase money and interest,and compel a
5. To pay to the* County Treasurer, as soon as j conveyance of tile lailll, the cO)fici! will
iiwchto the (ami, when ;
or hnilding of public bridges am! causeways, and | ill, and il wiii ot: the duty of the (*,\ec-
annually on the di>t ot Dec(-:nht;r. toxoport. to the j nutrs lo invest it in a plantation for the
l.iberai advances made ou .ill Cotton conaio-ncd ! Justices of the Inferior Court tlio coumnou of tlie • , 1 .
public, roads and bridges in their respective dis- j " tuo\\ *tuu cht.dieil, a> dlK’Cted ill
tiles, the state cf the Cuance.s, what executions | sail! Codicil.
J are outstanding unj aid, and their condition. j j u ,|a, U etU reversed.
I 6. To insucct, from dine to tiuie, the public j , • i . r r c> i i
j roads, brldgts, aud ferries within tin ir di-dricis, no-I T ^‘. . figlll, J. In OCWOld alld
i tice the ciiaiacter of the repair?, and observeif such William Dougherty for plainiifls it)
1 mid is regularly poste ( i ami diiecticn boards pnt. j f , r | 0[ ._ contract wns made; therefore, art between
! ri«^ r cTi r .ropS?roJair. H,i “ *** | A. T. McIntyre for defendant iu cr-1 th * . contracting _ parties iheutse/rcs, the
' 7. To exercise a general supervision over their j mr. j plaintiff below is entitled to recover.
| respective overseers,and to due them for neglect | j Held, also, Thai the Contract ill ihe
! of duty, and to see that persons are mulcted fori ! i • • • . ,
DUGGAN, i the offenses set forth in the road laws. j Miles G. Dobbins vs. A. Porter ct. al. i *mentioned is not such a cou-
! 8. To aduiiaisttr all oaths, relative to the road j Kci*i il v From dial ham. ! 1 ,IiCl made with the intention arid for ihe
Miss ADDlE STONE, j., ■. , n , npVim&f road workers, | McGay/J—Whore a bank made an j V*'P°* of aiding and encouraging the
“ VKMi^SA ADAMS, S Musica * i^ e i>a» ^ t. tj, e y m .,wr not iDclmlc the following i?escri|>ii«*n of. as>i <r innt:nt of ils nS$v\$ (i > r the l>cnf?Hi j **€bc*Uion, as was contemplated, oris
Mrs. VIRGINIA TRAW1CK, Orimmental " j persons, xvhu sue exempt from sue’n duly—viz : , crc ,jj lors atl( | | rtrge portion of the
; LiCmsed ministers. teache:s > nu students ot col- . uuiuwonimi '"‘s'- F
jp , ■ leges and .sch mis, keepers of' public grist mills, | ;i8>< j (3 was in money at u market value,
• T i 11 V . , < • j public lerij men, keepers of toll undges. turnpikes, j . |I({ | a crcdilor, nearly twelve months
Board and Toition in Literary Department. Spring canseways, and plunk roads, engineers and wlmc i , . ' , , ,
Term v — $120 06 ; persons in charge of cars or trains running on j 0!ICI the.assigfUIisnj, flicu a credllOl 8
Board and Tuition in Literary Department, Fall I railroads, officers of the Uidic-d Mates, this 8tate, j |)j|| chfl-roino dial 81X months after llic
This includes Room, Fuel and Lights, but dees j auy special law. j fi>sigUIIK i. t , and again s-linrilt bt'lorc
not include washing. | 7t/0. Th-vare authorized tapoy overseer" one- | the filing of ihc bill, lie had demanded
er currency in ciiculaiinu iu the Con
icderacy.
2. Bui while such contracts might,
it would seem, be sustained as between
subjects of the Confederate Govern
ment, made while it was recognized
l>v the Government of the United
States as a belligerent power, they can
not be enforced.under the new conali-
mtioo of this State, which declares
dial, “All contracts made and not exe
cuted during the late rebellion, with
the intent ion, and for the purpose, of
aiding and encouraging said rebelion,
with the intention, and lor the purpose*,
of aiding and encouraging said rebel
lion, or where it w as liie 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
>ther party, whether said contract was
made by 7 any person or corporation
with the Stale or Confederate Slates,
or by a corporation with a natural |>er-
son, or between two or more natural
persons, are hereby declared to have
been, and to be illegal and till bowls,
deeds, promissory notes, bills, or other ev
idence of debt-, made or executed by the
parties to such contract, or either of
them, in connection with such illegal
contract, or as the conscderution. there
for or in furtherance thereof, are here
by declared null and void, and shall be
so held in all cou-rts in this State when
an attempt shall be made to enforce
any such contract or give validity to
such obligation or evidence, of debt. A'nd
in all cases when liie defendant or any
one interested in the event ol the suit,
will make o plea supported by his or
her affidavit, that he or she has reason
to believe that the obligation or evi
dence of indebtedness upon 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 lo satisfy the
court and jury that the bond, deed,
note, bill or other evidence of indebt-
ness upon which said suit is brought,
is or are not, nor is any part thereof,
founded upon, or in any way connec
ted with any such illegal contract, and
has not been used m aid (f the rebellion,
ami die date of such b »nd, deed, note,
bill, or other evidence of indebtedness
shall not be evidence that it lias, or has
not, since its dale, been issued, trans
I’erred, or -used in aid of the rebellion.
3. The cousiituiion not only declares
die contract to have been, and to be il
between the contracting parties themselves„ dega! when ih*e Confederate Govcru-
ment, inlaid of the rebellion, issued
these evidences of debt to a citizen, or
The experience ot the past compels the require- . half of the fine
* mi nt of Board and Tuition rush in ndcanre. No ’informer,
i one will be considered a member of the Institute ;
i until this requisition receives attention. j t v in
they having made the contract under
the assumed authority which was then
over them, and which assumed author-1 subject of that Government, but it also
ity (whether rightfully or wrongfully is declares the evidences of debt so issued
not now tire question) recognized the cur- or used lobe null and void.
rency as legal and valid at the time the 4» A bond, deed, promissory note,
bill <>r other evidence of debt, declined
by the constitution, or by a statute to be
illegal, null and void, whatever may
have been its market value, can have no
legal value, and cannot, in law, be a
valuable consideration lo support a con
tract. Ii follows therefore, that a note
given for Confederate Treasury notes
embraced within the provisions of the j has no legal consideration to support it.
mustiluiion of this Slate. land the contract is nudum pactum and
Judgment of the court below af- j void.
5. The constitutional provision ap
•footed and hold Ids office for ihe term
of iwo years, shall t3kc ati oaib before
ihc Mayor well and truly to discharge
die duties of his oflico, etc: Held that
the object of this act w as to promote
good government and order in 4-he city-,
and that it was the duty of the Council
to elect a Recorder; ami that it was
clearly dte intonlion of die Legislature,
dial the office of Mayor and die office
of-Recorder should he separate and
distinct offices tilled by diffeienl pei>
son3 one of whom is required to take
die oath of office before die other; and
that the provision in the statute which
authorizes the City Council or Mayor,
iu the absence of the Kecorder, to ap
point one of their body to preside in the
Recorder’s Court, contemplates the
temporary absence ol the Recorder,
anil does not authorize the Citv Coun
cil to abolish the office of Recorder and
direct the Moyor permanently to act as
Recorder.
2. The City Couucil of Augusta
have power to establish such By-Laws,
Rules, and Ordinances as shall appear
to them requisite aod 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) anv nuis
ance which tends to annov ihe 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 State. 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 a police regu
lation, to punish for the continuance ol
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 w 7 ho has leased prem
ises to a tenant is not litdde for a nu
isance maintained upon the premises
by a tenant during ihe lease, li the
nuisance existed upon the premises
when the lease was made, the landlord
is liable. But it the leuant continues
the nuisance after lie obtains exclusive
possession and control, he alone is li
able for ils continuance. As the land
lord under our statute is liable tor nec
essary repairs on ihe premises, if the
nuisance grows out of his neglect i«.
make the repairs the tenant mav make
them and set off the reasonable value
against the rent due the landlord.
Judgment reversed.
C. Sneed, by Montgomery, for plain
tiff in error.
J. T. Shewmake for defendant iner-
or.
Thr Legal Tender Case.—The
suits before the Supreme Comt now
pending for decision an.I attracting so
touch attention, involve a single but
comprehensive point. The case from
New York Bronson, executor, vs.
Rodes—represents the question.
It is, says the Nashville Union and
. - American, whether the contract paya-
McOay, J., concurring.—1st. Aeon- ; P' ,t>d u, dy to executory contracts, or to ! b| e according to its terms irt oold ;ind
tract was entered into between resi- bends, (feeds, notes, bills or other evi- j silver coin, made before the passage of
dents of litis .State in !Sl>2 of which ! denee of indehtness used in aid of the | t | )e legal tender law, could be disc ha r<*-
nrmcfl
Pupils are taken by the Term.
Deductions arc made tor protiacted illness. j particular, it snao ttiereup. ..
Economy iu dress and other expenses is re- i Clerk cl the Comt to issue a summons in writing, j bill prayed Ull account : Held, that the*
quired ot pnpils
All dues tire payable in currency.
No charge is made for use of Musical Instru
inent.
Rates of Tuition
Sjiriug Term.
Fall Term.
Primary Class,
&i5 66
.*10 60
Inter ineJ into Class,
, " 21 60
14 00
Advanced Class,
30 00
■ao no
Incidentals,
J 00
1 60
Music on Piano,
24 00
46 00
*• •* Guitar,
24 00
16 00
directed to such Commissioners, cu.inandii
j them to be aud appear at the next term ot the Su-
- | perior Cor.it in which the presentment is made, to
'answer the accusation of the Gituid Jury,-which
: “aid summons shall he served by the tShr.ritt' up-
i .ol the Commissioners at least twenty dnjs he-
I fore tlie Court to v. I:idi the same is retiirii-
; able ; and if, upon the investigation of the case,
I it shall appear that the accusation is made out. by
i the proof, the Judge .shall thereupon impose upon
Drawing-, Ornamental Painting, Grecian Paint
ing, Antique Painting, Embroidery, Wax Woik,
Leather Work, Hair Work, each, £10 00.
SPRING TERM commences January 19th and
closes July 3d.
FALL TERM commences July 27th and clos
es November I2tli.
December 22, 1868 t>3 Jt
Augusta, March 26, 18G8
ill Linda Al (West KPojnt
D.iy Passenger Train—Outward.
Leave Atlanta 4.45 A. M.
Arrive at West Point 9.50 P. M.
Pay Pn •isrnger Train—Inward.
’-cave West Point 1.30 P. M.
Arrive at Atlanta 6.20 P. M.
•V'did Freight and Passenger—Outward.
Leave Atlanta 4.15 P. M.
Arrive a! West Point j I .40 P M.
fojht Freight and Passenger Train—Inward.
Leave West Point 4.20 A. M.
Arrive at Atlanta 11.30 A. M.
stic executions against them for the tine, and cos s,
rx iiicli shall he executed by the Sheriff’ The .Hot.
of such executions, ami the pro petty .subject there
to, are Ihe same as those against defaulting rot.d
u orki’rs.
« 704. When auy public read may he on a
. road district line, and the Justices of the Inferior
JN/JISS Cf C) TT m C3r‘fc> i Gourt have not specially aseigned it to any par
; lic-ular district or set of Commissions, the Commis
sioners of each district shail co-ope:atc in airaug-
[ ing the hands and appointing the overseers for
such road.
bill was not deaiurntble. If there was
complication or cause for further delay,
tl ought to oe set uj> by way of defence,
it ran riot be assumed.
Judgment reversed.
VV. Doughet'.y for plaintiff’in error.
Jackson, Lawton and Bassinger fur
such CVniinis.sjoneis a fine of not less than fifty j defendant in error*
clolli'ia ncr more than tivo hundred dollars. J ;
$ 7c2 If they havo I'ccn duly citt-d and scived,!
and tail to appear, the Court may proceed erjtarte j I lie Mayor and Aldermen lit JSHVan-
$ 7( ' :: lh< ’ Glcik ol the C< urt is directed to is- | l(H j, vs. Miles D. Gulletis and wile—
SCHOOL,
E. W. COLE, Geu’l‘Superitit’dt. i BOYS AND GIRLS, will commence up-
ladi 26 I -68 4 tl S* ,i... Ci-of in .1 ■nnai'V nexf.
on the first Monday iu January next.
TERMS :
Tuition per session of twenty weeks : S'16 00
Payable, half iu advance, the remainder at the
end of Ihetoiui- Pupils charged from the begin
ning of the week of entrance until the end of the
term.'
Music, Piano Forte, per session of twenty
weeks, “ *»> W
Lessons, three per week, of one hour each, giv
en at the pupils residence.
Milledgeville, Dec.29, 1868
52 2t
(hittiijr ofi dfchpihde.
OFFICE SOUTH CAROLINA R. R. CO., I
Augusta, Ga.. March 35, 1868. )
(AN AND AFTER SUNDAY, 29th Match,
!"»'•. the Mai and Passenger Train* cf this
o.i.i will leave ami airivt* ai through Centra!
put, Gonrgia K»ii!i\ja«i, an fo]lo\v»:
Monuug Mail and Passenger Tram
1 ^ hsrlvstun, counseling Tnun for Columbia,
‘ on, h Carolina, Charlotte Road, and VVilining-
:lu d Manchester Railroad.
Leave Central Depot at 5.50 A. M.
Arrive at Central Depot 3.30 P. M.
Aia/,t PasrntgeT Jj- A>rommodatuai Train
j "i Lharleiton. connecting with Train fxrCo-
1,11 1 ia, and with Greenville and Columbia Rail
road :
Luye Ceutral D.-pot. at 3.50 P M.
Arr.Vd at Centra! Depot at 7 oil A M.
H. T. PEAKE.
Generfti Superiutecdent.
STOVALL & BUTLER,
Cotton "Wstreh-OLise
AND
General Com mission Merchants*
NF.IF FlltE-PHUOF ll’AREHOUSH,
Southwest Corner of Bay and Jackson Stretds.
AUGUSTA, GEORGIA.
M. P. STOVALL, G. E. BUTLER,
Of Augusta. Ga Of Madison, Morgan eo., Ga.
September J, ’ ,n _
TO t'ONStMKKS OF COAL.
Gm-t ItrJMlim in Hula yet Car hoai,
1G.000 pouted*'
From Ch.ucn^ga to Milledgeville. *33 66
Coal Creek, Tenn., vie Knoxville, Ja 16
g. K I0HN90N, A»Tt Sup’t G» R R
Augusta. S-p 1 * ^ *
f”;tsr fiotn Challwtii.
Mc0:ty, J.—A municipal corpora
tion, the o\Vm*r of a Market, the t-Lifte
ol which il rents, is bound to kecp’llte
pavcmetit in front of the stalls in a safe
condition, and if a citizen of ihc corpo
ration is injured, through a neglect of
this duty by the officers of the corpo-
V*70.v'The books such Commissioner., are rc-! ration, the corporation is liable lo the
quired to keep must bo furnished by the Justices : extent of [he iujlirv received,
of the Inferior Court at the expenssuf the County, I , i ,r ~ > a
and out of ihe road money, if any, and when full f Judgment affirmed,
mu^t be deposited in the office of tho Clerk of the j l 1 ). J. Harden, bv the Reporter, for
InfcnovOomt. ^ plaintiffs in error.
f /**>. AG*or the ConmiRs^ioiier has faiililully * flM . . . .
served through the term of his appointment, he | * llOS. h. Loyd for (IcttlKlUillS 111 CT*
may obtain from lLc Clerk of I ho Inferior Court a I [•(,(-.
certificate of such fact. • |
747. When an)’ iii'lroad over which a crossing
is ic.juired shall be obstructed, or nut in goind order J. J. 'Pierce vs. Thus. Morgan, Surviv
al such crossing, a Road Commisrione, , or an „ r 0 f R. j\J. 'Brace & Co—Equity—
overseer ot the ro*4 u) strict where the crossing is, ,, ... 1 J
must notify the nearest agent or employee of the 1* mill Richmond.
company, in writing to remove such obsmiclious, McCay, J.— Equity will not CtitcT-
or to put such crossing, iu proper order w if Lin r \ . i
thirty day s fiom the date of sin-h notice. j tail) j ircdiCtiQI^ lor. <1 toil, Us Slid), CX-
4 749. The Commissioners shall then issue exe- ccpl lo preveut it.
cution. under i heir hands and seal, directed to any
la wfnl ( ffiecr, for the an onr.t of oiicli value anci ihe
costs of the proceeding against -itch defaulting
railroad company, In case of other, defaulters
Tuce.—Tlte New York World ,«;tvs
to Ritdicnl Congressman: “Gcntlfincn,
youcnn’l keepiite South down, Cork
ri.-r?, Htnl you will get tired of holding
it under water long beihrc its buovun-
ty dr-piirts. Let ’em alone. Cso iotjg
as they’ keep the, peace and pay their
taxes, what have we to do with their
pots and pans ? Government is o plain
mailer. Il is value received. Amt
the pot and pan business don’t, pay. ’
The I.von! Tender Art.—The consti
tutionality of this net will coins before
the Stipiem • Coml <>t the United fc»tatei,
Ml i(s present tenrn
When A, a warehouseman, files a
bill against B and C, pattners, also
wtirehousemen, alleging ih*at they, as
factors for D. had, in conjunction v\it|j
D, illegally got possession of certain
cotton which had f»eeD stored with A
by vai ious parties, anil hud removed it
o.il of the State, Lo be sold on D’s ac
count, ami prayed that IT and (J be
enjoined from paying the proceeds to
D, and that they be decreed to account
lo A for the value of the cotton : Held,
vital 4 his is a bill lor account and that the
t i ur> owners of the cotton, A’s princi
pals, ought lo be made patties to the
bill.
2. Equity requires all parties al in-
ieit-s. within the jmi. dielion to'be par-
lies to a bill. When a bill is filed a-
a government dc facto in the technical
sense of that term.
During the late war. Confederate
money was in such universal use
as a currency in this State, that
it was impossible to trarisac the
most ordinary affairs without ks use,
and the same public polic} 7 , that lor
purposes of humanity and necessity,
recognized liie Confederacy as a bellig
erent will excuse the use of Confeder
ate money and save from illegality a
contiacl bused upon it.
Though the issuance of Con federal*!
money lor the purpose of cartying on
the lute war against the United States
was illegal, yet a contract entered into
between parties in the transaction of or
dinary business, with no intent on their
part, to aid in the resistance of the
Government, is not void, simply be
cause the consideration of the contract
was Confederate money. In general,
a note given for an illegal purpose is
void, and cannot be the consideration
for a contract even between parties
who a strangers lo the contract its«*lf.
but under the peculiar circumstance
existing in Georgia*iu 1S62, Confeder
ate currency, though in itself illegal,
had a substantial value from the neces
sities ol the case, and between parties
resilient where the necessity existed, a
contract of which il was the considera
tion is (Mil void.
Brow u, C. J., dissenting.—The Con
federate States in the late contest were
recognized by the Government of the
United Stall's, and by other govern
ments, as a belligerent power conduct
ing war, and the Government of the
United Stales made cartels for the ex
change of prisoners with it, and it
would seem that this recognition car
ried with it the acknowledgment of its
right toproViJt*ltselfwiihsuchaciirrcu-
ry as might rnable it to carry on war,
which would be a good consideration
for a contract between two subjects of
the belligerent powers, wheu made in
the ordinary course of business, with
iio intention of the parties lo aid the
Confederacy to Conduct the war against
. .. . , . . „ ‘’ parties woo nave received treasury
but will leave tbepart.es where it finds | notes j n relurn for coin deposits or lor
them. 1 1
W. Hope Hull and J. T. Shewmake
for plaintiffs in error.
G. G. McWhorter and J. Ganahl
lor.defendants iu error.
Alexander Dunn vs. Harriet Bryan—
Equity—from Chatham.
j com contracts, may recover the differ*
j enoe.
j The opening argument thus slated
j the merits of the case : “The suit orig-
i mated in the State of New York bv a
! bill in which the equitable powers* of
j the court were invoked to compel the
j canceluient of a mortgage. The only
Brown, C. J.—John Waters died | particularity of this mortgage consists
testate leaving three daughters. By in the fact that the mortgage deed, in
the Eleventh item of his wilt he direc
ted that the* residue ol his estate, after
the payment of debts, and for certain
improvements, to be invested in bank
stock, and that his Executors hold it hi
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 lo go to her sisters, and if ei
ther died leaving issue, her share logo
to her issue. One of the daughters
died without issue. Another died leav
ing one child, the wife of plaintiff in
error; the third is still iu life. Ruled,
(bat the three daughters were tenants
in common under this item of the will,
and that the two survivors took the
share of the sister who died without is-
<ue, equally, in fee simple, and upon
the death of the 'second sister, her
daughter took her share in like manner,
and became a tenant-iiT-coinrhon with
the surviving daughter of the testator.
Judgment reversed.
Hartridgc & Chisholm, T. E. Loyd,
for plninliff in error.
T M. Norwood, for delendant in er
ror.
Wot. J. Vason vs. ihe City of Augus
ta.—Certiorari—from Richmond.
The statute of 15th February, 1S5G,
enacts that the City Council ot Augus
ta shall be and they are hereby authoi-
ized to elect an officer to be known as
Recorder, in whom they may vest ex
clusive jurisdiction of all violations of
ihese 'ordinmues, etc. The act also
provides that said Recorder shall Lc
stead of specifying dollars, merely pro
vided that it should be paid “m
or silver coin, lawful money of the Uni
ted Slates. The mortgage was made
in the year ISol and matured in the
year 1867. In the year ISG3 after the
passage of the legal lender act, the
complainant in the suit !>elo\v acquired
a title to the eqnity of redemption in
the mortgaged premises, and shortly af
terwards he tendered to the mortgage,
the plaintilfin error, the nominal amount
of the mortgage debt in treasury notes
on a day when the value of those notes
as compared with coin was as I to2.-
25 ; that is, 81 in gold was equal to $2
25 in the money tendered. The len
der was refused, and the action was
brought lo compel a cancellation of tite
mortgage. When this case wns first
heard before his Honor Justice Grover,
a member of the Supreme Court of the
Stale of New York, the bili was dis
missed, his Honor there deciding that
the money tendered was not equiva
lent to the kind of money called for in
the mortgage. An appeal from that
judgment wars taken lo the general term
of the Eighth Judicial District, when
thejndgrne.ru was speedily reversed ;
not-however, by unanimous court, Mi.
Justice Grover dissenting, and 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 that die tender
of the treasury notes was-sufficient ”
The Richmond Whig prints a col
umn of reports of c roues in ihe North
under the title of “Nouhoru Civiliza
tion.”