Southern recorder. (Milledgeville, Ga.) 1820-1872, February 02, 1869, Image 1

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Newspaper Page TextVol. L. MILLEDGEVILLE, GEORGIA, TUESDAY, FEBRUARY 2, 1869. No. 5. "b<- :MC - ° ^ e s o isr 3 EDITORS AND PROPRIETORS. Tcnns—$3,00 per annum, in Advance. advertising—Persquare often lines, b«cli ‘ tion. $ I 00. Merchants and ethers roi all ftfflounts'over twcnty-fivRper cent.off. LEGAL ADVERTISISG. Ordinary as tr it's, —Citationsfor letters ot ad- • .ration,guardianship,&c $3 00 Homestead notice 2 00 “ ..licationtorletters of uism’n ironiadm’11 5 00 4 Mellon for letters of disiiTn of guard’u 3 50 'iMoUc-ttion for leave to seil Laud.. 5 00 Votice t' 1 Debtors and Creditors 3 00 Sales of Laud, per square of ten lines 5 00 o, lle of oersonal, l»er sq., teu days 1 50 t;'l n ijfs—Each levy of ten lines, or less.. 2 50 Mort'a^e sales of ten lines or less 5 00 T "r Collector's «*les, per sq, (2 months) 5 00 Ql, f’.g Foreclosure of mortgage and oth er monthly's- per square 1 00 Estray notices, thirty days 3 00 Tributes of Respect, Resolutions by Societies, Obituaries, &c., exceeding six lines, to be charged ' csieiit advertising. ■.•iales of Laud, by Administrators, Execu te,oTor Guardians, are required by law, to t»e held ou the first Tuesday in the month, between the liuurs often iu the forenoon and thiee ia the af ternoon, at the Court-house in the county in which the property is situated. Notice of these sales must be given in a public gazette 40 days previous to the day of sate. Notice for the sale of personal property must be given iu like manner 10 days previous to sale day. Notices to debtors and creditors of. an estate must also be published 40 days. Notice that application will be made to the Court or Ordinary for leave to sell land, must be published for two months. Citations for letters of Administration, Guar dianship, must, be published 30days—for dis mission from Administration, monthly six months; for dismission troiu guardianship, 40 days. liulos for foreclosure of Mortgages must be published monthly for four months—for establish- j a; r lose papers, for the full spore of three months— tor compelling titles from Executors or Adminis trators, where bond has boen given by the de- ,.,,u(3,l. the full space of throe months. Charge, 1)1) par square of teu lines for each insertion. Publications will always be continued accord ing to these, the legal requirements, unless oth erwise ordered. Schedule of Macon & Augusta It. R. Leaves Camak, daily, at 12.40 P. M. *r “ Mi Hedge ville — 6.30 A. M .{£§ Arrives «t Milledgeville — 4 20 P.M. il Camak ....9.00 A.M. Passengersleaving Augusta or Atlanta on Day Passenger Train of Georgia Railroad will make close connection at Camak for intermediate points on the above road, ami also for Macon,&c. Pns- seugersloaving Milled Seville at 5.30, A. M., reach Atlanta and Augusta same day, and will make ciuse connections at either place for principal nointsinadjoining States. E. vV. COLE, Gen’1 Supt. Augusta, January 7,1^68 4 tf Macon <Sc- Western H AIL ROAD. —DAY TRAIN.— Leave Macon 7.45 A. M., arrive at Atlanta, 2 P. M. Atlanta7A A.M.,arriveatMacon, 1.30 P. M. —NIGHT TRAIN — Leave Macon 8.40 P.M., arrive at Atlanta, 4£ P. M. “ Atlanta?^ P. M.,arrive at Macon 3.10 A. M. Macon & Brunswick Railroad. OFFICERS. G. H.nAZLEHURST President. ROUT. SCHMIDT, MasterTrausportation. H. C. DAY. ...... Secretary & Treasurer. LeaveMacon3 P.M..arrive at Macon. 10.30 A.M. Leave Hawkins ville 7 A. M., arrive at llawkins- vilie, (i.30 P. M. March 11 I860 11 ROAD LAWS. The following are the Road Laws as published in Irwin s Code, for the guidance of Road Commissioners. Un der the late law of the Legislature, the Ordinary of each county has the mat ter under his direct control, and where the words “Inferior Court” occurs, it should now read Ordinary. si 665. All defaulters must file their excuses, if any, on oath before 1I13 Commissioners, who must CHANGE OF BASE. rpHE UNDERSIGNED having purchased the J. Stock of Mr. H. Tinsley, Agent., the busi- I ness formerly conducted by liim will be continued by us, at the old stand, where a general stock of Dry Groods, SHOES, HATS, Crockery, Glass Ware, Ac, will be kept constantly on hand, and sold at low prices for cash. T. T. WINDSOR & CO. E-F“ Having disposed of ray interest in the bu siness conducted by me in this place, 1 take pleasure in recommending my successors, T. T. WTND.SOR «5t CO., to my friends, and would so- licit for them a full share of the very liberal pa tronage they have heretofore extended to me. H. TINSLEY. Agent. Milledgeville, Oct. 13, 1868 41 tf ~sp i 2=5. eph 0 0 zr~ COTTON WAREHOUSE. T HE UNDERSIGNED have opened a Fire proof W arehouse on Hancock street, and arc- now prepared to STORE and ADVANCE upon all Cotton entrusted to theru. Planters have the opportunity afforded them of holding their crops at a small expense, until prices suit tht.m. RAGGING, ROPE, TIES, and PLANTERS’ SUPPLIES always on hand. We will make liberal advances on all Cot ton consigned to Messrs. Jones «fc Way, Savan nah, Georgia. JOHN JONES & CO. Milledgeville, Sept. 22, 1868 38 Gm JoUN J ONES, Late Treas’rer State of Ga. Charlton H. Way, Savannah, Ga. SOUTH-WESTERN It. R. CO. OFFICE, itaACON.GA., March24th, 1868. Columuus Train—Daily. Leave Macon - 5.15 A. M. Arrive at Columbus 11.15 A. M. Leave Columbus - -«■••>- - •• U4-45 P• M. Arrive at Maeon - _ 6-20 P- M. Eufaula Train—Daily. Leave Macon ------ b.00 A. M. Arrive at Enfaula 5.-j0 P. M. Leave Eulaula ~4V‘ vr' Arrive at Macon 4.o0 1 . M. Connecting wdh Albany Tramad. Sinitlirille Leave Smitbvilie ... 1 46 I’. Ac. Arrive at Albany "11 P. M. Leave Albany 9.3o A. M. Arrive at Smitbvilie 11.L'O A. M. Connecting with Fort Gtiines 7 ruin aJ Cuthhert. Leave Cuthbert - J-i>7 P. M • Arrive at Fort Gaines-. 5.10 P. M. Leave Fort Gaines - 7.05 A. M. Arrive at Cuthbert 9.05 A. M. Connecting with Central Railroad and Maeon &. Western Railroad Trains at Macon, and Mont- sromary Co West Point Trains at Columbus. h VIRGIL POWERS, Engineer & Superintendent. J03STES& WA.Y Factors —AND— connissioN merchants, Savannah Georgia. Liberal advances made on all Cotton consigned to us, by Messrs. John Jones &. Co., Warehouse men, Hancock street, Milledgeville, Ga. 1 SPEECH OF BON. W. P. PRICE OF LLMPlilN COUNTY, Delivered in the House of Representa/iocs, January 21st, 1869, on lhe bill to reduce the per diem of members of the General Assembly'. Mr. Speaker: Whilst it is true that much has well been said by the member from Dooly, (Mr. Williams,) and other gentlemen who have preceded me in favor of reducing the pay of members, at tiie risk of protracting the debate unnecessarily, I respectfully ask leave of the House to (add some remarks in favor of the bill now under considera tion. It will be remembered, sir, that I had the honor of introducing the reso lution at the last session of the General Assembly, looking to retrenchment, and which resulted in the appointment of a joint standing commilLee of the two Houses, whose duty it was to re port at the present session of the Le gislature what legislation was necessa ry to reduce the extraordinary expens es of the State Government—what offi cers, if any, should be dispensed with, and what salaries now paid to State officers and agents were greater than they should be, and any and all other matter which would, in their opinion, lessen the burdens of the people. Thai y the Clerk ol the Inferior Court, and if.such j CO mtXlillee, 1 feci authoiized to State, ir.tees Jo not, within ten days alter receiving ... , . . , . will be able to make their report to the General Assembly in a lew days.— Their report, 1 feel assured, will em brace many subjects of interest, and I trust s tbeir recommendations will re ceive that attention from members which their importance demands. Before proceeding to present my views on the bill now before the House, meet <it some place v.itbln the district for finin_ defaulters, of which place of meeting they shall giye fen days’ notice, in writing, at one or more of the most public places in the district,and no other notice shall be necessary. 4 666. Such Commissioners must issue execu tions under their hands and seals for their war rants of arrest, as the, case 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 Justices’ Courts for, as the case may be, arrest the defaulter and bring him before the Commissioners to abide the judgment of the same,] § 692. There shall be three Commissioners for each road district, any two of whom may act, and in case there is only one in a district, that one is invested with ail thc.powopa of the three until the vacancies are died. 4 003. Such Commissioners are appointed or re-appointed by the Justices of the Inferior-Court, biennially f.t their first meeting of the years of the appointments, and, whenever necessary, to till vacancies at any time. ■ 4 691. Those thus appointed are compelled to serve, unless, excused by such Josticcs, who shall receive lor such excuse providential cause only. 4 695. As boon as appointed, they shall bo no tified thereof in writing, within bn days thereaf ter b appoir _ such notice, file their excuse in writing, under oath, in such Clerk’s office, they shall be consid ered as having accepted. 4 656. If a Clerk fails to give such notice, lie is guilty of :r contempt, and shall be by such Justi ces fined twenty dollars for each neglect. 4 697. Siivii Commissioners, while in office, are exempt from all jury, patrol, niiiitia, and other road duty. 4 698. It is their duty: 1 To appoint, within fifteen days, one or more persons 111 their respective districts as overseers of the road. 2. To apportion the roads and Land's undertheir j cussed by the committee, but ;is there i was a diversity of opinion among the September 22. 1868 38 6m WASHINGTON INSTITUTE, MALE AND FEMALE. Linton. Hancock comity, Georgia. 3. To hear and determine upon all cases of de fault or other violation of the road laws within tiieir jurisdiction (if not indictable only) at a Court . t-o be held by them twenty days after every road i gard to tile Subject ot reducing the pay vvorkiug, or as often as emergencies may require, j 0 f members. It WAS frequently dis- and to issue execution^ or oilier process against ' - - - * J - the convicted. 4. To keep a book in which to enter— First. The several bauds in their respective dis tricts subject to road duty; to what roads and wliat parts thereof assigned, and under what over seer; changing and tonccfing it time to time, as may be necessary. Second. A list of all defaulters and persons fined, the amounts Caed.amounts paid, what disposition made of the money, what executions issued and unpaid. 5. To pay to the County Treasurer, as soon r.s collected, that portion of the fine money belong ing to the County, to be used in the repairing or building of public bridges and causeways, and annually on tlie first of December, to report to the Justices of the Inferior Court the condition of the public roads and bridges in their respective dis hend, had no idea, previous to ibe elec tion, of finding themselves in (he scats they now occupy. There are those here who freely admit that they never expect to be here again. 1 may belong to one or both these classes, but I urge you, gentlemen, 1.0L to let considera tions like these prevent you from act ing justly in this matter. I ask you in all candor, can our tax-ridden, impov erished people, stand the extraordinary sums we pay ourselves, and vole to others, without hopelessly bankrupting themselves and the State? If it t vvere but nine dollars per day, and the money on hand with which to pay ms, possibly it might be borne, but when it is re membered that the State has had to borrow, and is now paying a heavy in terest on the very money which we pay ourselves, it is questionable in my mind, whether we can sustain much longer the credit of the Stale in any market. For one, Mr. Speaker, I am satisfied that this is the place, and now is the time to commence retrenching. I care not what recommendations the re trenchment committee may make— however salutory and proper they may be—they will fall still-born here, unless .ve ourselves set the example. How can we strip the Executive of his clerks, who arc thought to be unnecessary without discharging every clerk in our own House, whose services we know can he dispensed with? Let us com mence right, and I have no fears-of failing to reach the ends contemplated by myself when I asked for the ap pointment o( a Committee on Retrench ment. J regret, Mr. Speaker, that ihe bill ^ now under discussion, was taken up at [ desire to say a word or two in behalf j this hour, inasmuch as I had prepared, of the Committee on Retrenchment. Tt | but not now on my table, a statistical ‘to read showing ) who is himself a member of the j (he sums paid by the several Stale coforaittec, that they as a committee j Governments for mileage and per diem will make no recommendation in re- j of members of State Legislatures. I stiluents, of “well done, good and faith ful servants,” we should at once con sent to reduce the pay and mileage of the members of the General Assembly Do we desire to see our State prosper ous once more in all her various and varied interests r Then let us free the people of the burdens which now op press them ; (ft us add whatever of wisdom we possess, to her counsels— strip her ot every weight which retards her growth and progress, and we shall again see the noble old commonwealth of Georgia take her proud position as the Empire State of the South. charge at the samp time as equally :.ud fairly aa j i 3 true, as has been stated by the gen-! statement, which I desired a list of the roii.1.1 and hands under their respect-1 lleinan fro . m Wa.-hmglon, (Mr. F lour-. when this question came up, ive charge. j nov) who is himself a member of the |ihe sums paid by the sever think, however, that 1 remember the facts contained in tlujt stalement, suffi ciently well to present them for ihe purposes of this argument. From an Note.—I was also furnished by tbe Sec rotaries of State with answers to tbe fol lowing interrogatories : “How many clerks are required to perfotm the labor of each House during tbe sessiou of the State Le gislature 1” “What mileage is allowed members of the General Assembly From tbe statements iu my possession it appears that tbe bumber of clerks ranges from two to eighteen iu each House. Illinois, after Georgia, perhaps employs more clerks thau any other State, 13 in the Senate, 18 in the House. Missouri employs 17 clerks in both Houses. New York. 9—6 iu As sembly, 3 iu Senate. Tbe highest sura paid to chief clerks after Georgia, is paid by Virginia, being seven dollars per day. The highest number of clerks employed du ring this session of our State Legislature, at any one time, was : Senate, 25 ; House, 25 ; costing in the aggregate, *845,552. The State of Georgia pays the Irighest amount for mileage to members except Alabama, which, I believe, is the same as received by members of the Georgia Legislature. Most of the States pay twenty cents a mile.—the Western States, generally, pay ing bat teu cents; Rhode Island, eight cents. W. P. Pbile. _- • ^ DECISIONS or THE S C P R E S R CURT OP GEORGIA, Delivered at Atlanta, Jan. 19, ’69. even as to tbe $1,500, A has uo right ot action against B until he fails, or un reasonably delays to pay the debts due by A for the slock of goods. Nor can a general creditor of A, in the absence of any fraud or collusion between the parties with intent to hin der or defraud the creditors of A, sub ject, by the process of garnishment,this obligation of B to the payment of the debt the creditor holds against A. Hammond, Myatt & Welborn for plaintiff in error. Lochrane & Clarke for defendant in error. Furnished by N, J. Hammond, Supreme Court Reporter, Expressly for the Constitution. members, and inasmuch ns it was de- extensive correspondence with the Sec- sirahle to have unanimity upon all their recommendations in order to secure the favorable consideration of the Le gislature, it was deemed advisable that the bill now before us should be pre sented by those who favored it and not as a committee bill. As to the insinu ations of gentlemen here, that the Re- retaries of Stale of the several States of the Union, (answers have been re ceived liotn about thirty,) I learn this fact, to.which I call the special atten tion of the House: the State of Geor gia pays a higher per diern to her mem- he resided when bers than any other State in or out of the Union, if I except the Slate of Cal ifornia! The New England States pay Isaas V, W. Ducher, plaintiff in error, vs. Justices of the Inferior Court— Fulton county defendant in error— Motion from Fultou county. McCay J.—A witness for the Stale in a criminal case, who, in obedience to a subpoena served upon him while temporarily in this State,actually comes from his borne in a dislant State where the subpoena was irenchment Committee had expended large sums of money in defraying their I ihe smallest amounts^ For instance, expenses, as well us drawing their pay j Maine pays a salary to members of on- tvics, the stnte of the iiuaiiccs, tvhat executions 1 upj^cr the months woich licivc inter-; ]v one iiuncliccl mul litlv' collars per are.outstanding unpaid,aud tuelr condition. j • j* . r.u i * * r-r , . *v T 1 » To inspect, from time to time, thepuIUicJ ^..1 i^!. 1 VvUlS “ nou * 5 !• W ® w Hampshire, v ennontand j Rev. J. T. ADAMS and IVY W. DUGGAN, j Associate Principals. Miss ADDIE STONE, l Musical Departm’t ] laws,connected with th “ VEN1SSA ADAMS, S 1 - - VIRGINIA TBAWICK, Ornamental Schedule of tlie Georgia Railroi- J. O N AND AFTER SUNDAY, MARCH 29th, 18f>8, the Passenger Trains on the Georgia Railrond will run as fellows; Mrs. Expenses. Hoard and Tuition iu Literary Department. Spring Term...... - • — - •_---$ ; i29l)U Board and Tuition in Literary Department, 1-all roads, bridges, and ferries within their districts,no-j Session, I have but little to Say. Whilst ticethe character of the repairs, and observe if such ! it is true I had no idea, when I drafted road is regularly posted aud direction boards put j . i : j .. (> , rim : npp up as required by raw. and if aai-J bridges and fer- * e&olL,llon creating Saul c >mm Itte, ries are io proper repair. j that any Such session Or SC3310U3 of 7. To exercise, a general supervision over then ! gyjj committee were necessary, or de- respective overseers, and to tiue liiem fur. neglect , , . , - , duty, and to see that persons are iudictcd for j matided by the circumstances, and !.f 1 ' ; “cMiutL in the road laws. * whilst 1 tmd several others of the com- I *. T. - w~ t. ttr mi | tnjitee refused to attend, believing said 6 699. in making up the list of road wo,,., j sessions to be unauthorized by tbe lan- they must not include °f| S Ua 8''il.e resolulioti, still, I make persons, who are exempt from such duty—ptz. , , )t) war upon lnuovr ’ , Licensed ministers, teadiero and students of col- | , , fuAHSBf. who Utl- lem-s and schools, keepers ot public grist mtus, Term 80 00 This includes Room, Fuel and Lights, but does not include washing. The experience ot the past compels the require- meat of Board and Tuition cash in advance.. No one will be considered a member of the Institute until this requisition receives attention. Fupils are taken by- the Term rved upon him, and lestiffies in the case, is entitled lo mileage from the county Treasury for the whole di-tance traveled, in comin^Vom and returning to his home. Judgment reversed. W. H. Dabney for defendant in er- Conoeetieut, three dollars per day ; J cr. whilst Rhode Island pays but one, dol- j Hogo & Sprayberry, by the Report er each per day to the Speaker oj the j er, for plaintiff in error. House ml to ihe members. . So much for New England, and al- j John A. Long, plaintifl in error, vs. the lhough 1 think the example of those | Stale, defendant in error—Murder, | States arc commendable in this partic- j from Bartow. ular, I will not urge that we reduce our j MeCay J.—1st. It is too late, after ar raignment, to object to an indictment on public ferrymen, k-eepeis ot toll bridges, turnpikes causeways, and plank roads, engineers and white persons in charge of cars or trains running on railroads, officers of the United h-tates, this 8tate, or any County tin reuf, and all others exempted by any special law. 4 700. They are authorized to pay overseers one- batf of the tine money as compensation to him as j mformjer. • ’ I 4 5 01. [WhonevertheGrand Jury m any Ccuii- h&mrn. «re mil. for promoted Ulr,«r. j 7'“fJSSrU’dSf i low » -rear mi o.be, expci.c, u »• Ib.reupL'b. U» 7 dol, of .he qiiireU et pupils. ,.„ rrDTW .„ I Clerk of the Court to issue a summons iu writing, All dues me payable in currency. lji ricte j to such Commissioners, commanding them to be and appear at tue next term ot the Su- : is made for use of Musical Instru- DAY PASSENGER TRAIN. (Daily, Sundays excepted.) Leave Augusta at 7.10 A. JI. Atlanta at - 5 A. M. Arrive at Augusta .3.J0 P. al. •• at Atlanta ..6.10P.M. NIGHT PASSENGER TRAIN. Leave Augusta at...- v v m' “ Atlaata at 6/45 M. Arrive at Augusta ...5.30 A. M. “ Atlanta 4.09 A. M. BERZELIA PASSENGER TRAIN. Leave Augusta at - *• Berzeliaat 7.00 A. II. Arrive at Augusta p SI Pass^ge^for'MiilVdgeVijie. Wash'iigtou and | log, Anti^e Painting Embroidery, Wax must take Dav Passenger Train from Leather W ork, Hair W ork, each, $-10 to SPRING TERM commences January 19th and closeo July 2d. FALL TERM commences July 2< tu aud clos- No char^ meat. Rates of Tuition. Spring Teiai. Primary Class, $15 00 Intermediate Class, 21 00 Advanced Class, 30 00 Incidentals, I 00 Music on Piano, 24 00 " “ Guitar, 24 00 Di'.wviuoq Ornamental Painting, Grecian Paint- ~ • Embroidery, Wax Work, Fall Term. $;10 60 14 60 20 00 1 00 16 60 16 00 Athens, Ga., must take Day Passenger Augusta and Atlanta. Passengers for West Point, Montgomery, -Sel ma, Mobile and New Orleans must leave Augusta on Night Passenger Train at 3.45 P. M., to make close connections. Passengers for Nashville, Corinth, Grand Junc tion, Memphis. Louisville and St. Louis can take either train and make close connections. Through Tickets and Baggage checked through to the above places. Pullman’s Palace Sleeping Cars on all Night Passenger Trains. E. W. COLE, Gen'l SnperintMt. Augusta, March 26,-1868 J jltLanla dlJWisJ. IfrJft RAXI< XTi-OB-Xi. Day Passenger Train—Oulicnid. Leave Atlanta - 4.45 A. M. Arrive at West Point. 9.50 P. M. Day Passenger Train—Inward. Leave West Point 1.30 P. M. Arrive at Atl&pta 6.20 P. M. Xight Freight and Passenger—Outward. t Leave Atlanta 4.45 P. M. Arrive at West Point 11-49 P. M. Night. Freight anil Passenger Train Inward, Leave West Point — 4.20 A, M. Arrive at Atlanta 11-30 r-. M. Skantf e. aji ^fcJicdiilc. o n ; OFFICE SOUTH CAROLINA R. R. CO-, ? Augusta, Ga-, March 25, 1&68. . > AND AFTER SUNDAY, 29th March, 1868, the Mai and Passenger Trains of this Road will leave and arrive at through Central Depot, Georgia Railroad, as follows: Murnin<p Moil ajid Fasscnger ■ Train For Charleston, connecting Train for Columbia, South Carolina; Charlotte Road, and Wilromg tou and Majichcster Raifrpad. _ • Leave Central Depot at ;>-50 A. M. Arrive at Central Depot 3:30 P. M. Right Passenger ff Accommodation Train For Charleston, connecting with Train fpr Co lumbia, and with Greenville and Columbia Rail road: Laave Central Depot at...-.-.- 3-50 P. M. Arrive at Central Depotat.... - 7.00 A.M. H. T. PEAKE. Geueril Superiutendeut. os November 12th. December 22, 1868 52 3t jel t r<r Life Insurance Co., OF HARTFUKD, CONN. perior Court in which the presentment is made, to answer the accusation of the Grand Jury, which said summons 6hall be served by the Sheriff up on the Commissioners at least twenty days be fore the Court to which the same is return able ; and if, upon the investigation ol the case, it shall appear that the accusation is made out by tiie proof, the Judge shall thereupon impose upon such Commissioners a fine .of not less than titty dollars nor more thau two hundred dollars.] 4 792. If they have been duly cited and served, mid fail to appear, the Court may proceed ex parte- 4 703. The Clerk of the Court is directed to is sue executions against them tor the fine and costs, which shall be executed by the Sheriff. The lien of suck executions, and the property subject there to, are the same as those agaiust defaulting road workers. 4 794. When auv public, roaii may be on a road district line, aud the Justices of the Inferior tier the call of tbe Chairman Senate portion of the committee met aixl entered upon the duties assigned to them l»y the resolution. They have performed a great deal of labor, and, so far as l can see, they have perform ed it well. They arc able, no doubt, to sustain themselves against the charg es ol extravagance. But 1 trust, sir, that their recommendations, notwith- pay to those figures, notwithstanding it would comport inure with our finan cial condition, and such drafts as pur min'aTp®- co “l J ni0r t e readily sus- the Northern Stales, of all to members. They receive a salur^, and when the session or sessions are lengthy and protracted, as they some times are, to six months, they have been known to vole themselves as much as one thousand dollars per annum. Even that sum will be less than the pay standing the obnoxious charge ol the j we receive; for the same length of lime, committee’s extravagance, will be lis- t^ cw York pays but three dollars per tened to, and if right anil proper, will Lj a y e New Jersey*, but three dollars, receive the support of the Legislature. an d half (hat sum after forty days. As I thought last session, and think now, that the pay of members is too great. I favored reduction then, I fa vor reduction now. I opposed the wild and extravagant expenditures of the last session. 1 was satisfied that retrenchment, to be effectual, should begin with the Legislative Department of the State. It is here, right herm that most of the extraordinary expens es of the State Government have orig inated. The people know, and we now, that the members and officers ot ASSETS over $7,( MAC OR BRANCH OFFICE, No. 04, Mulberry Street. Dcc-’mbcr 24,1867 H. L. BACKUS, Aaent 52 tf Court have cot specially assi^cd it to any par i t h e Legislature receive more pay than ticuliiruistiietor set of Commissions. th« CWinis- ^ j m p 0vei -j s 'n e( l condition ofthcpeo- sionewof each districtfllmll inhimng- *- - lug the hands and appointing the overseers for such road. . . 4 7<>5. The books suck Commissioners aro re quired to keep must be furnished by the Justices of the Inferior Court at tlm expanse of the County, aud out of tlie rood money, it any, and when full must be deposited in the office ot the Clerk of the Inferior Court. 4 706. After the Commissioner lew faithfully served thiouyh the term of his appointment, he may obtain truui the Clerk of the Inferior Court a certificate of such fact; 4 747. When any railroad over which a crossin; STOVALL & BUTLER, Ootton V/arehous© AND General Commission Merchants. NF1V FIRE-PROOF WAREHOUSE, Southwest Corner of Bay and Jackson Stroets, AUGUSTA, GEORGIA. M. P. STOVALL, D, E. BUTLER. Of Augusta, Ga. Of Madison, Morgcu co., Ga. September 1,1808 '* 1Q “toTonscmeus OF COAL. Gml Reduction in Rates per Car Load, 16,000 pounds. From Chattanooga to MillodgeviUe. .. $ 32 90 , “ Coal Creek, Term., via Knoxvifflf . ** S K JOHNSON, Ass’t SujSWa. R-R- Augusta.S-pt.24, 1868 ™ « pie and the depleted state of our treas ury will justily. But I am met just here with the argument of a member ol the General Assembly, that when we were elected, it was a contract between us and our constituents, that we should receive trine dollars a day ! That the Code settled that point, and the sum was Gxed by law. I recognize no such . contract. This was the contract I made t( » - i ve them overseer of th a Read Commissioner, or an j .. . read district wlntfe the crossing is, rny services, for which I was lore- must notify Ihe nearest agenl or employee of the j C pj ve j u3t anc ] equitable comiiensation. ,'nr,an v ia writiiio to remove sued ohstrqctioiis. i . . ^ , * i i . • j. in proper order ■within Isit right, is it proper, gentlemen, whilst r. vv. sims, Lat e of Savannah Republic ( J. F. WHEATON, / Lste of ( Wilder, Wheaton A-Co. or topnt- •such crossing thirty days from the date of sueli notice. 4 749. The Commissioners sha!' then Issue exe cution, under their hands aud seal,directed to any lawful officer, furl lie amount of such value and the eosis of the -prneeedin^ against such defaulting railroad company, as in case of other defaulters -IMS, ) ivannah > icau. ) F. W. SIMS & GO., SAVANNAH, g.l, liEAERAL C01IW K8CHSB, Consignments arc respectfully solicited ar.d will receive strict attention. Agpnts for Dillon’s Universal Tic and Irou Bauds. Septomber 8, 1^68 36 3in we l:old the parse strings, and can vole ourselves whatever compensation we please, to take more than a just share ? 1 grant, Mr. Speaker, that there are some here who make, perhaps, more than nine dollars at home, per day, and that in view of that fact, they are losing money by coming here. But whilst this may be true, (?) it is equally true that a very large number do not make that sum, or anything like it. A per son who consents to represent h'i3 peo ple, and more especially at this time, consents to make sacrihces. He must view the case—not from his own stand point—but from the stand point ot Ins constituents. Not whether he should be highly remunerated, but whether his constituents can afford it. There are those here, who, I appro' we come South we find the pay in creasing. Maryland pays five dollars ; Virginia, six dollars ; South Carolina, under negro and radical rule, pays on ly six dollars. Our neighbor, Tennes see, pays four dollars in gold, less than six dollais in currency; Alabama, six dollars; Kentucky, five dollars. Let us go Westward, still further, and we. find that tjie wealthy States of Missouri, Indian^*Ohio and Minne sota pay buL five dollars ; whilst Iowa, Illinois, Kansas and Michigan pay but three dollars; Wisconsin, three dol lars and filly cents. In some of these Slates the per diem ^reduced to one- half the amounts stated, where the ses sions are prolonged beyond forty day Now, Mr. Speaker, it does appear to me that if the representatives of the people of the great and flourishing States of the North and West can al- ford to perform the services lor three and five dollars, we certainly can afford to perform similar service for seven dollars as contemplated by tbe bill Six dollars, in my opinion, would be a more equitable sum, in view ot the dis tressed and impoverished condition ol the Stale. I know, sir, that 1 am un dertaking a difficult task, that ol re ducing the pay of meu who have it in their own power to fix ihe pay for them selves. From indications here to-day, and from what 1 have -seen and heard elsewhere, a proposition to increase the already extravagant pay ot mem bers, would receive a more favorable consideration, ana more likely be sue eessful. But in this matter, l am iu earnest. It is a grave and important subject, demanding investigation, and one we should not trifle with, but meet it manfully. We are bui trustees and agents, as" well as the representatives of the people. If, when we return to our homes we desire and expect lo re ceive the welcome plaudits from our still afflicted and impoverished eqp the ground that it fails lo allege the de fcudanlto be a resident of the county in which the bill is found. 2d. When it appeared that the ve- yt!e in a murder case was charged, on term, 1868'/ prisoner, at the April Bartow county, and the case'TV&kV> to cd for trial in Bartow Cbunty, at the November Term, 1S6S, the defendant is charged with notice that the case will then be called, and lie cannot ex cuse himself for want of dilligeoce iu preparing for trial, by Iris affidavit that be did not know that the case had been moved to Bartow, and would be called for trial at the next regular November Term. 3d. The simple fact that the defend ant has been in jail,in*a*distant county, does not excuse him for want of dilli- gence in preparing for trial. The absence of counsel “on whom the defendant mostly relies,” unless hown to be neither by neglect nor by collusion, is not a good ground for continuance. 4th. When a motion is made to con tinue at the calling of a cause, the movement must take all his ground ; he cannot, after his motion has been overruled, file a plea based on facts known at the time, setting up a special defense, and then move to continue the new issue thus tendered. 5lh. This court will not interfere with the discretion of the Judge in re fusing a continuance, unless there is an abuse oftlie discretion the law has merely reposed in him. 6th. The plea of insanity, provided for by section 4234 ot Irwin’s Code, is a plain abatement, aud must show that the defendant is insane at the lime of the trial. Its object is to ascertain if the prisoner can then be tried ; not to determine his guilt or innocence of the crime charged. J. Glenn and A. B. Culberson lor plaintiff in error. W. H. Dabney, lor Solicitor General, for the State. P. H. Kilgo, plaintiff in error, vs. R. J. Castleberry defendant in erfor—Bill &c., fiom Union. McCay, J.—When an attachment is levied on real estate, and before judg ment on the attachment, an execution, on a common law judgment in favor of other parlies against the defendant, is levied on the same real estate, the sher iff’may proceed to sell under the lust levy, and the purchaser gets a good ti tle. When an execution against two joint obligors is levied on the property of one of them, the other defendant lias a right to buy the property at the sale, and he gets the full title of his co-de fendant to the property. Mere general charges of fraud, with no specification of fraudulent acts, tire not sufficient to give a Court of Equity jurisdiction to set aside a sheriff ’s sale. When a fi. fa. against the two joint obligors, they being mutually interest ed in the consideration, is satisfied, by the sale of the properly of one ol them, he other is indebted to him for contri butions, according to the equitable right of the two in the original contract, and the creditors of theobligor whose prop erly has been sold, may reach this ob ligation to contribute by process ofgar nishment, and have therefore a remedy at law. Judgment affirmed. Weir Boyd & Wimpy for plaintiff’ in error. W. P. Trice, for defendant in er ror. C. C. Clayton, plaintiff in error, vs. Warren Akin, Executor—Bill for di rection from Bartow. McCay, J.—1st. A money legacy left to the Executor of a will, though expressed to be “in addition to the usu al commission allowed bv law, and as a full compensation for any extra trouble he may have in executing the will,” is a general legacy and cannoL, as a legacy, be exempted from abate ment, with other general legacies, in case of a deficiency of assets. 2d. When a testator, in a single item of his will, gave to bis wife SI,500 in money, various articles of personal property and a life-estate in a certain house and lot and its apperlenances, with the privilege, if she so desired, to take SI,000 instead ot the life-estate in the house and lot, and in a subsequent item he distinctly declared that the “legacy left his wife is in lieu of dow er Held, that the word “legacy” in the last itein covers all the several bequests of the first, and should she prefer the S 1,000 in lieu of the lile-estate, and elect lo take her “legacy” in lieu of 'tower, she takes all the sct’eraZ bequests 4Jd. WlieO , a r Afr ) do_werless. expressed to be in lieu ot uov.ndfe is she elects to take the “legacy,” she takes it as a quasi purchaser ; and, in a conquest between her and other lega tees, whether general or specific, she cannot be called upon to abate with them, to make up a deficiency of as sets. 4th. A legacy in Georgia may be adeemed by the delivery of the prop erty to the legatee, during the lifetime of the testator, and if it be so adeemed, it does not pass under the will and is not subject to abate on a deficiency of assets. 5th. Whether legacy has in fact been adeemed, is a question of fact to be left to a jnry under the evidence in the particular case. The delivery to the legatee must be of such a charac ter as to show that it was the intent of the testator to part at the time, irrevo cably, with his dominion over the prop erty. W. T. Wofford, L. E. Bleckley, tor plaintiff in error, D. A. Walker and W. Akin for de fendant in error. William Watkins, plaintiff in error, vs. John D. Pope, defendant in error— Altachmen from Fulton county. McCay, J.-r-When A sold B a stock of merchandise, in consideration that B would pay a certain debt of $500 due by A, to which B. was security ; and iu further consideration that B would pay the debts due by A for the stock of goods, which amounted to $1,500 : Held, that the mode of payment was a part of the consideration; and that CulLs & Johnson and James Stewart, plaintiff’s in error, vs. N. A. Hardee defendant in error—From Sumter. Brown, C. J.—1st. While the Courts have tbe power, and it is their dutv when a proper case is made, to declare acts of the legislature unconstitutional and void, such acts are always presum ed to be constitutional, and the author ity of the Courts to declare them void should be exercised with great caution, and never resorted to, but in clear and urgent cases. 2. That provision of the Constitution of tbe United States which denies to a Stale the right to pass any law impair ing the obligation of contracts, does not interfere with the right of a State to pass laws acting upon the remedy. 3. There is a plain distinction be tween the obligation of a contract and the remedy for its ioforcement,and while the-Legislature may cot impair the ob ligation of the contract, it has the ira- ioufited.right to change, modify or va ry the nature and extent of the remedy.

Georgia Historic Newspapers

Southern recorder. (Milledgeville, Ga.) 1820-1872, February 02, 1869, Image 1