Southern recorder. (Milledgeville, Ga.) 1820-1872, July 20, 1869, Image 1

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Newspaper Page TextVol. L. MILLEDGEVILLE, GEOBGIA, TUESDAY, JULY 20, 1869. No. 29. jvl. OKME <Sc so asr 3 KDirOUS AND PROPRIETORS. per annum, in Advance. I rcr.ii'—> -j I , ii v ERT1SIXG—Per square often lines , each 1 a*' " ... i ... ,1 ,i j r f gfflfl i nit. Merchants and others foral! lU nts rver $ 25, twenty-live per cent. oft. I legal advertising. | Ordinary's. —Citationsfor letters of ad- nitration ,guardianship,&c $3 00 Homestead notice AV , icat l iiitorletters of dism'n froniadm’n aeauont'or letters of dism’nofguard’n for leave to sell Rand jprtpaS 1 - T,a t'oi 2 00 5 00 3 50 5 00 3 00 5 00 1 r»o 2 50 5 00 5 00 imjlieation for ieav v '•... to Debtors and Creditors ‘ '?'m' Laud, per square of ten lines °of persJnal, per sq., ten days ,r. HhcIi levy of fen lines, or less.. ltru .sales of ten lines or less jtor’s sales, per sq. (2 months) ^--Foreclosure of mortgage and oth- 1 ^'monthly’s, per square 1 00 ■ £, t ray notices, thirty days " 00 Tributes of Respect, Resolutions by Societies, -tnaries, Ate.,exceeding six. lines,to becharged U s transient advertising. 'jp 3 riles of Land, by Administrators, Execu- , jj /jr Guardians, are required by law, to be he'd 1 “i . j; rs t Tuesday in the month, between the often in the forenoon and three in the af , ' |l l0U) at the Court-house in the county in which property is situated. V eica of these sales must be given in a public * ette 40 days previous to the day of sale. Notice for the sale of personal property must be 'i veil in like manner 10 days previous to sale day. Notices to debtors and creditors of an estate uiJ-it also be published 40 days- S’ itiee tiiat application will be made to the Court of Ordinary for leave to sell land, must be published for two months. ■ Cautious for letters of Administration, Guttr- dinxship. &c., must be published 30 days—for dis- u) ; . -ion from Administration, monthly six months ; h'; dismission trom guardianship, 40 days. Kites for foreclosure ol Mortgages must be Dubiisbei monthly for four months-—Hot establish ing lost papers, for the full spaceoj three months t\,r ■> upeiliug titles from Executors or Adminis trators, where bond has been given by the de cease], the full space of three months. Charge, *1 10 par sq tare of ten lines for each insertion. P i ilieatious will always be continued accord 1„t *o those, the legal requirements, unless oth erwise ordered. b;1 u\ii of iMicon & Augusta 11. R. aves Camak, daily, at * Milledgeville ...b.30 A. M. ■ivesat vliiledgeville 4 20 P.M. Camak. 9 00 A.M. isengersieaving Augusta or Atlanta on Day ;nger Train of Georgia Railroad will make connection at Camakfor inteimediatepoint.s e above road, and also for Macon, «tc. Pas- •rs leaving Vliiledgeville at :>..50, A. M. peach itaand Augusta same day,and will make connections at either place for principal sin adjoining States. E. VV .COLE, Gen’ 1 Supt. iTdsta, January 7 , 1868 4 tt DECISIONS OF THE SUPREME COURT OF GEORGIA, Delivered at Atlanta, June 2, ’69. Furnished by N. J. Hammond, Supreme Court Reporter, Expressly for the Constitution. Doe ex clem., P. - L. Tbornion, et. al., vs. Roe cas. Ejector and L. N. Trammell. Ejectment, from Whit field. WARNER, J. This was an action ot ejectment in stituted by the heirs at law of Mark Thornton, to recover the possession of eleven acres of land in the cilv ol Dal ton, with the improvements thereon, in cluding the depot building of the West ern and Atlantic Railroad. The plain tiffs insist that they are entitled to re cover the premises in dispute, upon the ground that the deed ot convey ance from Mark Thornton, the plain tiff's ancestor, to the Governor of the Slate and his successors in office, dat ed the 22d day of October, 1846, con veyed a conditional fee in the land, and that the grantee of the laud having broken ihe condition, the estate became forfeited to the grantor, or his heirs,and that the latter have now the legal right to enter upon the land ; and the ques tion is, whether the words contained in the deed, are lo he construed as con veying a conditional fee lo the grantee, or whether the words contained in the deed are lo be construed as creating an agreement, or covenant between ihe parties thereto. The deed of the grantor conveys rhe fee in the land to the grantee, and warrants the same against himself, his heirs, and all oth er persons ; but in the deed are the fol lowing words : “It being expressly understood by tbe parties, that the same tract or parcel of land is not to be put to any other use than that of a depot square, and that no business or improvements to be put on the said tract but that which is immediately connected with the Western and At lantic Railroad.” Held : That inasmuch as the act ot 1821 (which was of force in this State at the lime of making said deed) de- G. D. McCutchin, R. for defendants in error. J. McCamy, F. M. Street, plaintiff in error, vs. E. C. Lynch, defendant in error. Eq- uitv from Dade. BROWN, C. J. 1. Where A, purchased land from B, and took bond for titles, and went into possession ; and the evidence raises a presumption that he paid part ot the purchase money ; and A, while in pos session, sold to C, and received the purchase money in full, and gave C a bond for titles, and delivered to him the grants from the State, to the lands, and agreed lo deliver the possession at a future day ; and A afterwards sold the same land to D, and A and D went to B and paid off the balance ot tbe purchase money, due from A lo B, and made a deed to D, and the jury found that D had notice of the purchase bv C, when he bought ol A., Held : That A, by his purchase from B, had an equity, which he could sell to C, and that D, having purchased with notice, and having obtained the legal title, held it as a trustee for C, upon the payment lo him, by C, ot the balance of tfie purchase money which he paid to B. 2. When the Court charged the ju ry that the case turned mainly upon notice, and the counsel did not ask the Court to charge upon the legal effect of of rumors as notice. Held : That it is no sufficient reason for granting a new trial, that the Court did not explain what amounted to no tice. as applied to the facts in evidence, where no such request was made, by the counsel, who now complain of the charge. Judgment affirmed. Tatum & Dabney for plaintiff in er ror. Graham and Walker for defendant in error. J. W. Taylor for plaintiff in error, vs. M. A. Hardin, defendant in error.— Proceeding to foreclose a mortgage from Bartow. BROWN, C..T. I. In a proceeding to foreclose a mortgage on a note for money lent, the defendant cannot set upaclaim against dares that, “All conveyances, made j die plaintifl’for damages growing out SOUTH WESTERN R. R. CO. OFFICE, MACON,GA..March24tli. 186ft- Col am bus Tram— Da i ly ^ Lhhvt* Macon f 11 5 > »! Arrive at Columbus 1 \ ‘r A. * Arrive at Macon ........ 6.20 I . M. Eafaula Tram— Daily. Leave Macon 8.00 A M Arrive at ~’ 2 o A. M. SS 1 lihcon::::::::::::::: 4.50 ?. m. "loanee!ins with Albany Train at Smithvillc Leave Sinitliville n P M Leflve Albany »■ * f■ “• Arrive at Smitliville 14.00 A. M. Connecting with Fort Gaines Train at Cuthbert. Leave Outhbert ?- :>/ tf Arrive at Fort Gaines u -40 P- M. Leave Fort Gaines 4 A. M. Arrive :it Cuthbert 9*0° A.M. Connecting with Central Railroad and Macon t Western Railroad Traiusat Macon, and Mont- ornery A West Point Trains at Columbus. VIRGIL POWERS, Engineer AL Superintendent. Schedule of the Georgia Railroad, CAN AND AFTER SUNDAY, MARCH 29tli L/ I Sot, the Passenger Trains on the Georgia iailroad will run as follows: , DAY PASSENGER TRAIN- (Daily, Sundays excepted.) Leave Augusta at A-M- “ Atlanta at Arrive at Augusta - 3.30 P. M. “ at Atlanta NIGHT PASSENGER TRAIN. Leave Augusta at 1 . M. “ Atlanta at P. M. Arrive at Augusta Atlanta 4.00 A.M. BERZELIA PASSENGER TRAIN. Leave Augusta at 4.30 i . M- “ Berzelia at 4 -°0 A. M. Arrive at Augusta ^ if’ • at Berzelia - - '° * • "»• Passengers for Milledgeville,Washington and theas.Glt., must take Day Passenger Tram from ugnsta aud Atlanta. Passengcrsfor West Point, Montgomery, bcl- ia, Mobile aud New Orleans must leave Augusta a Night Passenger Train at 3.45 P. M. t to make ose connections. . . Passengers for Nashville .Corinth, Gran d J u ne on. Memphis. Louisville aud St. Louiscan iakc ther train and make close connections. Through Tickets and Baggage checked through i the above places. . Pullman’s Palace Sleeping Cars on all Night assenger Trains. . ,, E. W. COLE, Gen 1 Superint. dt. Augusta, March 26,1868 4 H or executed,shall he held and construed to rest in the persons to whom the same are made or executed, are absolute un conditional fee simple estate : unless it be otherwise expressed, and a less of a partnership which existed between them in ihe saw-mill business, either by -set off or by recoupment, though part of the morjey which defendant bor rowed of plaintiff’, was used in the pur- estate mentioned, and limited in such j chase of mules,wagons and provisions, conveyance that there are no words in ! which defendant was to furnish in car- thisdeed of conveyance (independent! rying out his part ot contract of.part- of the agreement, or understanding of I nership. the parties thereto) which, in law, ere- f 2. Recoupment is a right of the de ale a conditional fee in the land, and iendant to have a deduction from the limit the unconditional tee simple es- amount of plaintiff’s damages, for the tale of the grantee thereto—the words : reason that the plaintiff has not com- “It being expressly understood by the parties ,” are winds of agreement or covenant between the parlies them selves, as to the use to which the laud plied with the cross obligations or in dependent covenants arising under the same contracts ; and as the note given for borrowed money in this case was a was to be appropriated, and the plain-! contract distinct from the partnership, tiff’s remedy is upon that covenant ; I ihe doctrine of recoupment does not iltLafitci Si fllfest UPaint RAIXj road. Day Passenger Train — Outward. Leave Atlanta 4.45 A. >L. trrive at West Point 9.->0 F. u- Hay Passenger Train—Inward. Leave West Point I’*,!! if ,r’ Arrive at Atlanta 6.20 P- M- Sight Freight and Passenger—Outward. Leave Atlanta 4.15 P. M- Arrive at West Point 11.40 P. M. VtgAt Freight and Passenger Train—Inward. Leave West Point — 4.20 A. -I- Arrive at Atlanta 11.30 A. /iphcuiffc af: icPcJiccIuif. OFFICE SOUTH CAROLINA R.R.CfL, l Augusta, Ga., March 25, 1868. j ) ) N AND AFTER SUNDAY, 29th Mjircli, 1868, the Mai and Passenger Trains c~ this ad will leave and arrive at through Central ■pot, Georgia Railroad, as follows: ,■ doming Mail and Passenger Iron r Charleston, connecting Train for Columbia, douth Carolina, Charlotte Road, aud Wilnnng- °n and Manchester Railroad-. L»ave Central Depot at 5.50 A. M. Arrive atCentral Depot 3.30 P. M. tghl Passenger Sf Accommodation Tram "'or Charleston, connecting with Train for Co- unibia.and with Greenville andColumhia Rail- •oad: -save Central Depot at 3.50 P. M. Arrive atCentral Depot at ... 7.00 A. M. H. T. PEAKE, General Superintendent provided, there has been a breach * a PP 1 y- thereof. It is the duly of the Court to i Judgment reversed, construe the words of a deed in all doubtful cases, of words of covenant rather than words of condition, in order lo prevent a forfeiture of the estate. Judgment affirmed. W. Johnson, Huge & tSprayberry, VV. K. Moore, for plaintiffs in error. D. A. Walker, McCutchin & Shu mate, for defendant in error. W. T. Wofford, for plaintiff in ror. A. Johnson, D. defendant in error. A. Walker, for BROWN, C. J Nathan Chapman, plaintiff in error; vs. Warren Akin,defendant in error.— Claim from Bartow. BROWN, C. J. 1. A li. fa. levied upon real estate in 1859, unexplained, is not such pre . - , , - - i, j sumplive evidence of payment, as to lam unable to bring my mind lo the * , • conclusion, that this was a covenant between the road and Thornton, if so, the road would be bound by the covenant, to keep the depot on this square perpetually, and could not aban don it. It seems to me that the road is under no such obligation, and that it may remove the depot to another place at any time, if the authorities should find thut the public interest demanded tlie change, without liability for dam ages. But, on such removal, the de pot square would revert to Thornton’s heirs on account of the condition brok en by the road. However, as l was of counsel while at the bar, with promise of a condition al fee, which has been transferred to another, in a case somewhat similar to this, though the language of the two deeds are different, I think, both in form and substance ; and as objections was made to my presiding ; I have concluded, on reflection, to pronounce no judgment in the case, though both of my associates concur with me in the opinion, that I am not disqualified to preside on this trial. C. S. Adair, adm’r vs. John Adair, ex ecutor, et. al. Equity and eject ment, from Murray. WARNER, J. Where upon the trial of a cause it appeared that a witness, who had been sworn upon a former trial ol the same cause, had left the State, and gone to the Cherokee Nation of Indians beyond the Mississippi River : Held : T hat the testimony of such witness on a former trial, reduced to writing, on motion for new trial,agreed to by counsel, and approved by the CourL, was competent evidence to be submitted to the jury on a new trial, between the same parties, under the 3729th section of the Code. Judgment reversed. W. H. Dabney, W. Akin, S. A. Walker, for plaintiff’in error. prevent a levy on oilier property, in 1867, when (he fi. fa. is not dormant. 2. Akin held a judgment, dated in 1859, against Stone. Bronson, in De cember, 1S6’2, purchased (he tract oi iand in dispute from Stone, bona fide, and went into possession, and after wards sold to Chapman, who succeed ed him in the possession, which has been continuous from 1862 lo the pres ent lime. In 1867, Akin had his li. fa., levied on the land, and Chapman in terposed his claim. Held: That Chapman a bona fide purchaser for a valuable consideration, with continuous and uninterrupted pos session fur more than four years, ac quired title to the land, discharged from the lien of Akin’s judgment. 3. The Supreme Court of this Stale having ruled that the stay law was un constitutional and void, under that rul ing, the plaintiff in fi. fa. was never un der anv legal disability to enforce the collection of the money, due on his fi. fa. ; and as the law, as ruled by this Court, did not restrain a levy, the proscription did not cease to run in fa vor of the bona fide purchaser, in pos session ; and as the plaintiff’ was un- def no other legal disability, to proceed with the fi. fa., the lien of the judg ment upon the land cease lo exist at the end of the four year’s possession. 4. Section 3525 of the Code, is not classed with, and does not fall under the classification of a statute of limita tions, and its running in favor ofa bona fide purchaser, was not suspended by the acts, suspending the running of the statutes of limitations. The right, whatever it may he, of the plaintiff in fi. fa. to enforce his lien on ihe lands sold by the defendant, and held in pos session by a bona fide purchaser, ex isted with the condition annexed, that ihe le.vv he made within four years af ter the commencement, of the posses sion ; and as the plaintiff made no such levy, he lost his hen by failure to enforce it in accordance with the con dition lo which it was subject, and with which he never complied. Judgment reversed. McCay, J., concurring. Sec. 3525 of the Code, and the stat us existing prior to the Code, provid ing that a bona fide purchaser, for a valuable consideration, of real proper ly , who has been in possession fefur years, shall hold it, discharged from a lien of judgment against the person from whom he purchased it, are strict ly, neither status of limitation, nor stat us, providing for the attainment of a prescriptive right, but conditions, im posed by lawq on the lien, giving to the judgment, and the plaintiff cannot ex cuse himself for failing to levy within the four years, by setting up adisabili- lv, on his part, to proceed. Warner, J., dissenting. Whether the possession of a bona tide purchaser ol land for four years, under the 3525th section of the Code, be a presumptive right so as not to be within the provisions of the statute of limitations ; thejien of judgment cred itor is clearly within the provisions ot the statute of limitations, and has been repeatedly so recognized by this Court, and the question is, whether time should run in favor of the purchaser of the land, subject to the plaintiff’s fi. la- as against such plaintiff, during the time the statute of limitations was sus pended by the public laws of the Slate, or during the time such plaintiff in fi. fa. was prohibited by law from buying the same. Held : that the purchaser of the land could not by a fair construction of this question of the Code and the res pective status of this State for includ ing the ordinance of 1865 compute the lime as running in his tavor, as against the plaintiff in fi. fa., during the time the suspension of the statute ot limita tions, or duiing the time the plaintiff in fi. fa. was prohibited by law from levying his fi. fa. to enforce his judg ment lien ; or w'hen, during ihe war, the territory where the land was situ ated was in possession of the military authorities, so that no civil process could be executed, and the more es pecially, as the 1935th section of the Code declares “the rights of creditors shall he favored Gy the Courts, and ev ery remedy and facility afforded them to detect, defeat and annul any effort lo defraud them of their just rights.” W. T. Wofford, W. H. Pritchet for plaintiff’in err<Tl'. W. Akin. E. E. Bleckle}’ for defend ant in error. Reuben Gaines, vs. E. B. Gaines. As sumsit from Bartow. McCAY, J. 1. Where A left, on going West, just before the late war, a sum of money with his brother, to be managed as if it were his own. Held : That in a suit by A against the administrator ot the brother who died, a memorandum book, containing copy notes payable to A, and various other entries, pertaining to the business, which A had seen and examined, and said were in the band-writing of his brother of which he did not dispute the correctness, was adinissable, in evi dence for the administrator. 2. Although ibis Court may not be entirely satisfied with the verdict ot a jury ; yet, if the Court below refuse a new trial and the verdict is not such as to show evident mistake, prejudice or corruption in the jury, this Court will not over-rule tbe judgment of the Court below, in refusing a new trial. Judgment affirmed. W. Akin for plaintiff in error. Win. T. Wolford, for defendant in error. J. A. R. Hanks, Administrator, &c., vs. John Phillips, et. al. Ejectment from Murray. McCAY. J. 1. In an issue, formed to try the gen- uinness of a recorded deed, proposed lo be read in evidence, to repel which, the opposite parly had made the affida vit required by section 2674 of the Code, the burden of proof is upon the party asserting the genuinness of the deed, and the fact that it is recorded does not change the onus. 2. Recitals in a private deed only bind parties and privies, and are not evidence against one not claiming un der the deed. 3. If the evidence of paper title is permitted to go to the jury, without ob jection to the proof of* execution, it is loo late, after verdict, to make the ex ception. 4. If one have written evidence of a title to a tract of land, and, by a ten ant, take actual possession, and after wards sell, by written agreement, one undivided half of the premises to the tenant who keeps possession for seven years, in his own right, for one undi vided half, and as tenant ot his vendor for the other, this is adverse possession under written evidence of title to the whole lot. Judgment reversed. D. A, Walker, for plaintiff in error. W. Luffinan, W. H. Dabney and R. J. McCamy, fir defendant in error. Sallie E. Bruce, Adm’x, vs. Joseph Crews. Assumpsit, from Richmond. McCAY, J. 1. A witness called to prove a hand writing, who fails to testify, without qualification, that he is acquainted with it, but only says, he is so from having seen letters purporting to be written by the party which were received in the ordinary course of business, by a commercial house, in which the wit ness was a clerk, though he had nei ther written nor seen letters from the house to the party to which these were replies, is incompetent to testify as to his belief of the handwriting. 2. A witness called to prove that a copy paper, tendered in evidence is a true copy of one in the handwriting ofa party, cannot he shown papers admit ted to be genuine and already in evi dence, and then asked if the original papers, the copy of which is sought to be introduced, is not in the same hand writing as those shown him. 3. Where the consideration of the defendant’s contract is executory, lo- wit: Some act of the plaintiff to be done cither before, or coincident with the act of the defendant; the plaintiff must aver and prove either perform ance on his part, or, if the acts are by the contract to be performed simulta neously, he must prove a personal re quest to the defendant to perform. 4. Where the facts of a case have been fully substantiated to a jury and no rule of law material lo the rights ot ihe parlies has been molested, either by the court in the trial, or the jury in the finding, this court will not distrust the verdict. Judgment affirmed. Johnson and Montgomery for plain tiff’in error. W. T. Gould tor defendant in error. T. H. McHan vs. Wm. H. Stansell. Issue under intruder’s act, from Whitfield. McCAY, J. 1. In an issue under an act for the expulsion of intruders, if the defendant in good faith claims a legal right lo the possession, he is not an intruder. 2. If the obligee in a bond for titles to land fail to pay the purchase money according lo the agreement, no demand or notice to quit is necessary lo give the obliger a right of entry or action ; and if he find the premises vacant and peaceably enter, he is not an intruder. Judgment reversed. McCutchen & Shumate, D. A. Walk er for plaintiff in error. W. R. Moore for deFt in error. W. H. Boyd, plaintiff in error, vs. S. - B. Sales, defendant in error. Motion for fi. fa. to proceed, from Bartow'. WARNER, J. Where a suit had been instituted on a note made prior to the late war, and judgment obtained at the September term of the Court in 1863, and an exe cution issued thereon, returnable lo the next term of the Court, and placed in the hands of the Sheriff for collec tion, and the defendant paid to Sheriff the full amount of said fi. fa. in Confed erate treasury notes, which were re ceived and receipted for by the Sheriff, in full satisfaction of the same. It also appears in the record, that the defend ant making such payment had collect ed the money so paid to the Si»eriff, by suits instituted by him on notes due him, made prior to the war, for the ex press purpose of paying off said plaintiff s judgment and ft. fa. A motion was made in the Court below to vacate and set aside the payment and satisfaction of the fi. fa. and judgment by the Sher iff’, on the ground, that the Confederate treasury notes in which the payment was made by the defendant, and re ceived by the Sheriff, had greatly de preciated in value at the time of pay ment, which motion, was allowed by the Court. Held : That a bona fi.de payment ol an execution by a defendant lo the Sheriff’in Confederate treasury notes, the only currency in circulation as money at the time of such payment, as between citizens of this, in the absence of any notice not to receive such currency, was, under the then existing laws of this State, such a payment, as will protect the defendant, and that it was error in the Court below, ordering the entry of satisfaction on said judgment and fi. fa. to be vacated upon the state ment of facts contained in this record. Judgment reversed. D. A. Walker, W. T. Wofford, for plaintiff in error. . T. W. Alexander for def’t in error. A Scene on the Pacific Rail way.—A scene aboard a train on the Pacific Railway is thus described by a correspondent of the New York Tri bune: “Within the car there is no speck of dust—recent rains have settled that—and the cool prairie breeze is de lightful. The ladies are sewing or crocheting, or reading “Oldtown Folks” and “The Gates Ajar;” while the lit tle black walnut tables in front of each seat are littered with that confusion of spools, worsted work-boxes, and books in which the feminine heart delights. Some are writing letters to the friends at home—in Boston, in Philadelphia, in Via ine, in Ohio. Some are leaning back drowsily, with their heads on pil lows, revelling in the prairie scenery. The gentlemen are playing whist, or talking politics, or going forward to smoke. One lady, returning to her far home in Puget Sound, has laid her tired baby upon the seat and is trying to soothe it. Just here the track is smooth, and the wheels run quietly. A gentle man begins lo hum “Home, Sweet Home;” his wife joins him ; then the lady on the next seat, and so on, until, from every part of the coach, many voice swell the strain.’* A Shower of Snakes—Serpents by the mil lion— The Prairie in the Neighborhood of TaylorviUe, III., Literally Alice with Reptiles— The Greatest Snake Stoiy on Record. But the most singular phenomenon, and the one which was not vouchsafed to any other community, was a shower of snakes. We have heretofore read of showers of sand, of fish, and some times of flesh, but never before of a shower of snakes ; and yet we are all assured that the phenomenon which occurred on last Friday night can be described in no more fitting terms. On Saturday and Sunday last, every ditch, brook, and pool on the prairie North of TaylorviUe was alive with nondscript creatures, which have been described to us as being from one and a half to two feet long, and of three- fourths of an inch lo an inch in diame ter. This diameter is very slightly lessened at the head and tail. The tail is flat, like that of an eel, but has no caudal tin ; indeed there is no fin at all. The head is in the shape ot that of an eel, but the mouth is that of the sucker. The eyes are small, and the ears arc simply orifices. Immedi ately behind the head, on each side, is a flipper, like that of a turtle, say three fourths of an inch to an inch in length, including the limb, which has a per fectly developed joint. In color, these snakes, or whatever they are, arc of a dark hue. The number of these creatures is beyond all estimate. They swim in every branch and puddle of water.— Their mode of progression, in addition to the undulatory motion ofa snake in the water, is by the use of the flipper described above, and they swim en tirely under the water or with the head alnd a few inches of the body above the surface, thus indicating that the flippers are not absolutely essential to motion. They are perfectly harmless. Boys and men take them from the pools in hundreds and they are brought to town for inspection. It is the universal testimony of all the people of the country that-no crea ture anything like those was ever be fore seen by them. The most plausible theory which oc curs to us as accounting for these fish es, is that the tornado in passing over some lake or river in the immense un known region of the Northwest, drew up water, and with it these animafe, which are evidently amphibious.—Il linois State Register. Nicely Caught.—At the masked firemen’s ball in New Or*eans week be fore last, a gay and handsome man, who had refused to take his wife to the ball on the plea of business, was much struck by a stranger, a lady in a mask. On her he exerted all his facination. “Oh, sir, you quite pul me out with your flattery. I suspect you are a mar ried man,” said the lady. “No, indeed ; but I confess a willing ness to get married since I have had the pleasure of seeing you,” was the gallant reply. “Indeed ! hut you have’nt seen my face yet !” “No, but I know it is beautiful. The exquisite grace that accompanies ev- rything you do and say tells me as much.” “Indeed !” “I think so ; hut you will no longer deny me the satisfaction, tor f assure you, lady, I am in love.” “Indeed !” “It is true. Until I met you to-night woman have looked to me homely and commonplace.” “Ob you are jesting.” “Indeed, I am not.” “And you never loved any one be fore ?” “Never ! Your sex always appeared to me deceitful, ami my heart refused them all sympathy ; hut for you I feel a passionate attraction I have no pow er or inclination to resist.” “Can this be true ?” “It is, indeed.” “I am mad with impatience, since it will be the only face my heart will ever mirror. It has upon it no rival impression.” “You are so persuasive I can no lon- deny the privilege—look !” and the mask was removed. It was bis wife. “The devil !” said Ihe discomfited Benedict, indulging in a prolonged whistle. “Oil no, my dear, only the face that has no rival impression on your heart!” “Say, Mary, let’s call it square, and go home,” “1 think we’d better. And they went. Why Deaths Occur iu New Houses. Many tilings which take place are found, when the causes of them are carefully weighed, lo be the ordinary consequences of some act or neglect rather than the effect of the supernat ural agency to which they are attrib uted. One of these delusions arises from the frequent occurrence of death as the result of inhabiting :i new house.— In every neighborhood there are those who prognosticate death as the conse quence of it, whatever may be the con ditions on' which it is inhabited. It is enough for them that the owner who constructed it moves in. That death frequently ensues after moving into a new house is unquestion ably irue, but examination will prove that it is due to the imprudence of the occupant in many cases. The most frequent cause of such an event is the state of the undried plastering. It is, however, sometimes occasioned by the entire change of habits which follows what is frequently a decisive step up ward in the career of the owner. Sand is used in constructing plaster for the simple reason that when the lime itself hardens there shall be a material dis persed through it as hard as itself.— Water is the agent which produces this effect. When that is suddenly ab sorbed from contact with porus bricks, or from exposure lo powerful heats, or drying winds, the necessary union is not formed, and the material, instead of being moriar, consists of slacked lime and dry sand. When the water is allowed to remain in the mixture the hardening process goes on but proceeds slowly. A mason, examined as a wit ness some years ago in this city, testi fied that moriar in a thick wall was twenty or thirty years in acquiring its full solidity. The process is somewhat like that by which nature converts cer tain materials in the earth into stone. When plaster is applied to laths it dries rapidly and thoroughly ; but yet it is wholly unsafe to inhabit a dwelling only recently plastered. When a houso is occupied loo soon it is as it ihe walls consisted of water and the dampness were inhaled at every breath. Very obstinate cases of sickness proceed from this cause. A friend occupied a new house last October, tho plaster of which had stood during the preceding Summer exposed to drying winds. As a compensation for neglecting the advice to remain in his old house for a time he set all the furnaces going ; but in December the health of his family was interrupted. They were young and vigorous, and have escaped any more serious dam age thus far than a general lowering of the tone of the system, the effect of se rious colds. If anv of the family had been week or sickly the exposure might have proved fatal, as it frequent ly does to those who are invalids. A “house warming” is ordinarily the experience of those who remove into a new edifice. Friends are invited to a banquet, and thej'all have a good time. The imprudence of overloading with food is never wise, hut it is wholly un safe when sleep is affected by damp walls. Sore throat or a cold follows in eight or ten days, attended with an ex traordinary difficulty of recovery. The main cause—the dampness of the house—is a continuing cause of disease. The only difficulty about the popular superstition in this case results from the inability on the part of those who resort to this explanation rigidly to an alyze the facts, and to give them their true force. Like most delusions wide ly entertained, there is a strong appa rent foundation for the one in question, but unable to detect the actual cause, they, attribute to the special agency of some superior power what should be deemed a direct consequence of impru dence. Many houses are now being con structed for occupancy in the spring. The assertion that they are thoroughly dried will unquestionably be made by persons having them for sale or to let; and although the pride of many will be stimulated by ambitious wives or hus bands to move into them for the sake of losing no time in making appropriate display, it will be far wiser to wait for a whole year after a house is finished, and use in the winter furnaces, and in the summer drying winds, to render it safely habitable. The tendency to seek for supernat ural causes tor singular events has marked every age of the world, but it is most active in ignorant times.— There is a piide of intellect which leads us lo furnish some explanation tor whatever occurs; and although moving from a dry lo a damp house ought to be regarded us a sufficient cause for serious ill health, there are but few who perceive it, inasmuch as it is tbe interest of many persons to keep the true cause away from observ ation, iu order that new houses may not remain on their hands unoccupied by tenants, and also that there may be patients needing to be cured. The condition in this respect of the house into which one designs moving can not be too carefully weighed, or a new case may be furnished to aid the popular conviction which ignorance so readily assigns in such cases as a cause of death if it occur, [Harper's Bazar. Balloon Up for the North Pole. French journals mention the construc tion of a balloon designed to go to the North Pole. The most distinguished aeronauts in France are interested in the project, and government aids it — The balloon is made of some very elars- tic fabric, which will swell in the up per and more rarefied air and make room for the expansion of gas without bursting. It is the largest ever made, and will carry ten persons, supplies for months, and four thousand pounds of ballast. With this aerial vehicle the voyagers expect to settle the question of an open polar sea, and disperse all the other mysteries of that portion of the globe. French scientists do not ridicule the undertaking; though, on the other hand do not pin their faith on it. They are willing to wait and see what will come of the enterprise. The George Peabody medal, voted by Congress; cost $7,000.

Georgia Historic Newspapers

Southern recorder. (Milledgeville, Ga.) 1820-1872, July 20, 1869, Image 1