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constitutionXlis rT
AUGUSTA ;
FIUGAY, AUGUST Co, 1331.
THE constant showers which have fallen to 1 ’
some time pas', so unfriendly to the harvest of for
age—have produced an unpleasant slate of the as
an,sphere ana a nigh Kiver.
IT iswel. known that the jurisprudence of Penn
sylvania is unique, and the reports from that State
are nut as well received in the Courts of the other
States, as those for instance, of Ncw-York and Mas
sachusetts and South Carolina, the reason is, that
the jurisdictions ot law and equity ate not distinct, ,
but are mingled together, the Judges exercising
the chancery powers lino’ the common law forms. 1
Hence, the decisions are of a mongrel character,
and neither belong purely to the one forum or the
other. 1*
Although we in Georgia have our Equity Dock- '
et and our Common Law Docket—our chancery
(
Court and our Court ol Common I’leas—yet are we .
i
‘ ‘-d tor them more to the Judges and the Law
i '
nnaeuvv —of the Legislature. There
yers, than to the w- ■
seems to be among the experts of the p-V*- i
whether on the Bench or at the Bar —a general dis
inclination to blend law with equity ; while the Le- .
gislattire has in more than one instance, shewn a (
preference fur the condition of tilings existing in
Pennsylvania, Upon the subject of Equity juris- (
diction, our Constitution is silent, and although the
organic law of our Courts-the law of 99—gites f
equity powers to the Superior Courts, it may well (
be doubted whether the powers of a Court of E- j
quity—as England—were intended to be
Ushered into existence by that act. Phe Petition (
*< plainly and fully and distinctly,” setting forth the (
JBluint fl’s cause of action, was intended to dispense
with the host of writs in Assumpsit— Trespass—E
jectment. Case and Trover, and to be in itself a little
Bt/lin Equity,- added to which, the machinery of
Jury frials—Appeals and new trials, unknown to
the sphere of the Chancellor, seem to evince a de
termination to breakdown the ancient landmarks,
and to frame a jurisprudence sui generis combining
all the elements both of equity and law that desetv
ed to be retained and rejecting the tedious, the ab
surd and the obsolete. If such were the intentions
of the Legislature in 99, the bench was not bold
enough to carry them into effect -ancient forms—
even those absurd fictions of Ejectment and fro
ver-were retained, and while the Judge listened
with one ear to a formal count, he held the other o
pen to a Chancery Bill. The system was a mere
sketch —how could the bench do otherwise *
There is in Mils State undoubtedly, a strong dis
position to make “ every man his own Lawyer”—
and acting upon the belief that the “ toils of Law”
but “ perplex lit truth and lengthen simple justice
into trade,” there have been repeated efforts by
our rulers since the period mentioned, to dispense
win block letter and the learning of the schools, & to
Setup in then stead, a simple & pore system. Hem e
the act of 1820. which prescribes a common Lnw
process and an Equdy Rule in particular cases and
hence, that mo ■ mtia'i-assing of all Legislative ex
pertinents- the.special Juror’s oath. H is well known
tn». the Juror is sworn to decide “ according to
’ Equity and the opinions he entertains of the. evi
deocc,” and tins, both in cases in Equity and s.t
Law- The question is ever arising, how is the Ju
. ror to acquit his conscience in the verdict about to
be rendered > It is in vain he is told from the
Bench, in an action ot slander for example, that no
equity principle is involved in the case, and there
fore he must decide according to strict legal prims!-
pies i in vain is he informed from the same high
source, that in a case in Equity-he must be bound
and governed oy principles and precedents derived
from n ported cases in Chancery. While the per
plexed Juror is witling to deport himself in obedi-,
ence to the authority of the Bench, he feels thatj
the Judge is not the keeper of his conscience—that
he has taken an oath to which he must defer, and
which he is bound to construe for himself, accord
ing to the best lights which Providence lias been
1 pleased to let in upon his understanding He may
give consideration to the charge of 'he Judge and
candidly examine his exposition of the terms of
his oath—but beyond this lie cannot go j—if he
sees the matter in a different light from the Judge,
fie must decide it in his own way.
He asks himself in the case of slander: —why am I
required to decide according to Equity—if there be
, no equity in the case '—ln the Equity case lie says
—ls lam to receive the principles of equity as con
tradistinguished from law, from the Books and thro’
the Bench, why is the special Juror's oath general
terms, requiring all cases, Doth law and equi
ty, to be decided according to equity and the opin
ions entertained of the evidence ’ Ihe Juror is the
t , creatuie of the law—he is bound by the law to ac
\ eept a solemn oath—and he is forced to exert his
Inwn understanding as to its meaning and obligations;
he cannot discover these through the reason of ano
ther man, he must look for them through his own.
In this critical situation, he will probably think that
iff, word equity in his oath, gives a wide range to
his discretion, « authorises him to close hiseyesupon
\ ] &w the equity of Maddock and Vesey, and to;
1 , be awake only to what he shall con i ler in the
fir at, equitable and just between the parties litigant. |
f+V do not merely suppose a case; such cases have,
,fte„ occurred, and what is declared by the Judge'
,o >e the solemn and clear rule, is often disregard-;
t be. ause the oath of the Juror is supposed to pre-j
1 , , ;o -a different rule—which unhappily amount*
(, ». -o rule at all— since it cannot be made uniform,
bn .mist vary with the varying opinions ot different.
Jurors— opinion* as different as the face* of the Ju-j
rors themselves. . |
We t ik it mint appear that while the profession
j, al been laboring to establish a system in conform!-
f
' v, th precedents and principles handed down to
us front our ancestors—the Legislature has been
anxious to throw off’such trammels—to mix law and
equity together, and to put into operation a system
°f our own. We think, both are in the right to a
certain extent; law and equity as they come to in
from (lie most approved authors, are often inequita
ble, impracticable and absurd. The Representatives
of the people are therefore right, in ardently wish,
■ng for a rational, perspicuous and humane code of
daws, suited to the times in which we live; hut un
luckily, they have never ventured to breathe these
aspirations into any tangible form. The Judges for
the sake of order, peace— society itself have been
forced to adhere to old rules, because they have not
been furnished with a proper substitute for them.
The Legislature has never undertaken the matter in
earnest; heavy blows have been levelled at the
ancient system, hut no one lias prepared a new one.
Sometimes indeed, valuable improvements are made;
but they are ever particular and limited in their na
ture and operations. In litis slate of things—the
Judges stand as Priests in a decaying templ“--t ,>Kll '
care is to prop it up as well as they may—(o place,
in its proper situation any new and solid material
with which they arc supplied, and especially to pre
serve the sacred fire* of the alter from extinguish-j
•‘‘-•'•lie crumbling walls and the passing winds.
iT.CIu o, . * .. ?
Our object is to attract piHjlic attention to a
ject of deep import to the happiness and liberties of
our people. Let the will of the people so often ex
pressed, prevail--let us have a system,- we have a
criminal code, why not a civil code ? P P
But if the time have not arrived for a work of such
magnitude- -the public interests require the baud ot
Legislation to be applied to our Judicial system at
large, and particularly to that portion of it which
prescribes the special Juror’s oath. For the sake of
die comfort of the Juror’s conscience—for the sake
of uniformity in the administration of tile law— let
that oath be explained and altered! ‘
Having noticed the Pennsylvania Jurisprudence,
we cannot, although it has no immediate relation to
our object, forbear to mention a very singular legal
provision of force in that State. It is, that British
precedents and adjudications made since the 4th
July, 1776, shall not be read or quoted in the Courts.
Now since the period mentioned, many changes for
the better have taken place in the administration of
British Ltw—and it savors something of the sin a
' gainst light and knowledge to forbid sucli to be
brought to the notice of the wise nnqps.rates of the
great and seri us state of Pennsylvania.
There is a list attached to the July number of the
■ North American Review, of seventy odd new Ame
i rican publications, and we cannot but notice that
1 only one of the authors is a Southern man. Why is
' this ? Are we so much engaged in struggling against
• the Tariff that we have no leisure for literature ;
’ or have we no inspiring themes, no ‘ awakening” in
terests at the South ? How much better had it been
' if the oceans ot ink used i. discussing a female’s fame,
- and “tlie malign influences” h:.d been bestowed up
> on the elevation of our literary character, and the
: instructions or even the amusement olour race.
!l
1 It is denied that Mr. Lumpkiw is a null fier—-we
should like to know whether he most affects Gen
1 Jackson or Mr. Cxchoow, and whether he is not
1 positively'decided for the latter a* the successor of
the former.
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□ INTERNAL improvement.
ii The. Citizens of Colurn uu county, are requested
j to convene hi the Court House, on the second Mon-
;<luy in September next, for the purpose of discus
11 j sing- the subject of the proposed Convention at Ei
altonton, and appointing Representatives thereto, if
s jlhc same shall be deemed expedient.
i On Saturday last Kumlsd 15. Glascock, was
s chosen City •Sheriff, in place of C, W. Eam.au, re
, signed.
f
MR. LUMPKIN.-We have been called on from
several quarters for an account of Mr. Lumpkin's
Mcourse in the Legislative of Georg u, in the v-rar
■ 18U6, when an act was passed to tit pose of certain
, lands obtained from the Creek Indians. I'o satisfy
, the enquiries, we have collected the following facts
from the Journal ot the House.
Three facts arc established by these extracts,
i Ist. That. Mr Lumpkin was in fivor nj'large re ;
, serves, even to every twentieth trad besides the Frac ■ \
lions. i
2d. That he was in fivor of r. h igh price on grants. I
i 3d. That he was In favor of a high annual tux, fur\
. a certain length of lime, on the lands in he disposedif,
' even as high as 12 cents per acre, m Ist rate low
grounds, and 10 cents per acre on first t alc oak and
u idtory upland.
j This tax would have amounted to f!4 and 30 els.
annually on every (fact t'f 202 1 2 a res Ist quality
' low grounds, and *2O 25 on ever) trad of Ist quali
fy oak and hickory land.
j It is extremely unpleasant to have io refer to those
,old mailers. We take no pleasure ir, 1;, and would
plot do it, bpt for the purpose of shoving tile iucon
..sisteucy of those wi)o*c:ciis:irc Gov- Gilmer, tor re
commending a reservation of Goldmines for Slate
j purposes, yet support a man who, h: principle lias
.! gone just as far by favoring extensive reserves of
| land.
I After all, what does the charge against Gov, Gil-1
1 mer amount to ? Simply, that he recommended a 1
reservation of the Gold Mint ; for stale purposes—
But the lottery hill was passed, and is now law, under
( Gov. Gilmer’s signature, and the gold mines were, not
. reserved. Nat lung is reserved by it but the fractional
Juts under 10 0 acres. And there is tinprubiwilily that
the subject of reserves us mines will be touched again in
! the Legislature That mutter is now settled. Why]
then agit.ee it again, unless it be to produce an ex-i
Citementou a subject already settled.
Geo. Journal.
1 New-Yoiik, August 13.
! The Hon. Edward Livingston, Secretary of atatei
The Hon. Mr. Woodbury, Secretary of the Nivy;
1 and Commodores Rodgers Stewart a.id ftaltersun,
• Navy Commissioners, arrived in tins city last even
i- ing, and took lodgings at the City (Intel. she Se
j- cretary ol the Nuvt, and the Board of Navy Com
missioners are on a lour of inspection to the seve
■j veral naval stations of the North and East. This
i morning at 9 o’clock, these gentlemen, accompa
» nied by the Hon. Mr. Van Huron, vis: cd the Poto
mac frigate, Commodore Downes, now lying hi the.
North River, and to sail in a few days to the Pacific
and probably to the coast of Sumatra. The dis
"jtinguished visiters were received under a salute of
"Iseventeen guns. After leaving the frigate, 'he So
ft cretary and Commissioners visited the Navy Yard at
3 Brooklyn. I
J I
| The sloop of war Fairfield, as we understand from
Va private source, is abou' undergoing repairs, and
i- it is contemplated also t > send her under command
uof Capt. Gissinger to the China seas. More than!
six months ago, we suggested the propriety of em-1
’ ploying a portion of our gallant N;.vy in that quar
-1 ter of the world —better it should be so, than allow
ejour ships to rot at the Navy Yards. and keep our
officers unemployed on shore. If the new Secre
jtary of the Navy sends two or more ships thither, it
'will protect our commerce and redound much to
e ( his credit—it will cause our flag to be respected by
the natives. Os this we are sure—it will meet ge- :
t neral approbation among the commercial coimnuni
j. ty of our whole country. 2V, if. Cum. Adv. .j
j •* In the Garb of Old Gaul.”—We saw a brawny
highlander yesterday in Nassau-street, in full coVj
tame, with tartan plaid, kilt, bonnet, hose and)
shoon ; he was a good-looking specimen of Scotia’s
mountain sons, and attracted much attention. Such 1
a sight is rarely to be seen in our streets,
r N. Y. Adv.
Mohawk and Hudson Rail Rond. —The travel
and transportation upon the Kail Road may be said
to have commenced yesterday, fwu trams of cars
left Schenectady at 8 o’clock, A. M. and 2, P. M.
and two trains left Albany at 10, A. M and 4, P. M.
| We understand'hat another trial of the locomo-;
live engine yesterday, with coke, was entirely sue-]
cessful. The engine performed the entire route in
| less than one hour, including stoppages; and on a
j part of the route its speed was at the , ate of thirty
| miles an hour. [Albany Argus, j
We understand that the sloop of war Peacock,
now lying at the Navy Yard, is ordered to be fitted
out immediately, destined probably for the East In
dies, n consequence of the attack by the Malays
upon tire ship Friendship of Salem. Bos, Fat.
An editorial article in the Albany Argus of tire
12th inst. announces that Martin Van Buhkn will
not be a candidate fur the Vice Presidency, and sug
gests the name of Maiilon Dickenson, of New
Jersey, as a suitable person for that station.
British Bible Society —The income of the British
Bible Society last year, was LIUO.OOO, nr *444,444
14. The receipts since its institution exceed seven
Trillions of pounds sterling, or “thirty-one million*
me hundred and eleven thousand and eleven dol
lars.''
The salutary advice given in tire subjoined para
•rapli, by the E liter of the Norfolk Herald, is de
ervmg of more 'lran ordinary attention, as lire sick
• y fall season approaches.
Chloride of Lime. “ The following hints, if
rractrsed upon by families in the thickly inhabited
rarls of the town, will infallibly preserve their health
ind. comfort ;
; Always keep a supply of the chloride of lime
on band,
2. Burn all your kitchen offal of fish, flesh fowl
and vegetables, instead of throwing them into the
street, or treasuring them up to feed 'he pig of some
favorite acquaintance of the cook
3. Throw a pqrtion of the chloride of lime into
vour kitchen slops and dirty water ; it will itarne
liately remove any bad smell arising from them,
ndyou may then empty them into tire street with
ut offending the olfactory organs of the passing
nizens. A table spoonful of the chloride will sub
ceto purify five or six gallons of the most nause
as ftuid, and will cost but one cent, a cheap cor
:ctive of many scents.
4 Sweep out all the dirt and litter from your
irises cellar* and enclosures, every morning be
re 10 o'clock, and deposit the same with Win
reepings of the street before your door in the mid
e of the street.
5. There are holes and corners about every house,
f -
which in close, sultry damp weather (like tn.at we
I- llkve just now,) are liable to emit disagreeable
■ odors, sprinkle them with a very little of y our chib
ride of lime, and Urey will become sweet.
I A Mop of Matrimony has been published in Bos
ton, in which the quicksands of Censure, Capi
Courtship, Point Proposals, Point Pin Money, Isle
s of Envoy, Vale of Gladness, Lake of Presents, and
- all the dangerous quicksands, shoals, reefs, &c. are
said to be accurately laid down A Boston paper
recommends (his map as highly useful to single gen
i ’demon.
: IdicdT
In this city, on fbe2irli last. William Capers, in
, |fant son of Joseph and Mary Carrie, aged one month
■ and seven days.
I , On the evening of (lie 22d Inst, after a
I severe and painful illness of sixteen days, Augustus
. Bigelow Frouty, aged 5 years and 5 months—only
jsou of Cheney and Am ilia Prouty, of this city.
I '- ,J l I-1 ' ■ .1. -y—. "Uir-.1l «J-1. !L
Drawing expected To-Morrow Sight,
* VIRGINIA STATE
lb (Si> IT U* -HI iii
Extra Class No, 1,
GO Number Littery—lo Drawn Ballots,
SCHEME.
1 Brize ol 20,000 Dollars
I do Jo 4 830 Dollars
5 do do lUOO Dollars
5 do do 510 Dollars
5 do do 400 Dollars
10 do do 300 Dollais
j 10 do dr* 200 Dollars
1 83 do do 100 Dollars
&c. &c. &c. &t- &c.
Tickets g5/liatv, s $2 50, Quarters gl 25.
’ |CUT Macon or Columbus Money received
i at pur.
> Orders received and promptly at
i tended to at
:
226.1 Bwoau Srußisr,
Corner of M Intoali-Street.
. August 26 It
' Drawing expected on Monday Night,
'■ Delaware & N. C. Consolidated
■ LO 1 I ERY, Class No. 16—for 1831.
j 60 Number Lottery—9 Drawn Ballots
,1 SCHEME.
. 1 Prize of gin, 000 20 do of 200
. I do of 5 000 40 do j»f 100
’i I do of 2 000 37 do of 50
| 1 do of 1,370 57 do of 30
’ 5 do of 1,000 102 do of 20
g do of 500 102 do of 15
:10 do of 300 1530 do of 8
&C. &c. &c. &c.
I Tickets &4 - Halves &2, —Quarters $1
j |O”order» received and promptly attended
i to at
COSNARD’S
- Lucky Lottery and Exchange Office, corner ( I
r. Broad and J«c* a m s'reefs,
r 077* -Macon Bank Notes taken at t‘ar
- Aegn i 26 20 _ ,
1 •TO TilK PUBLIC).
' A N unjust and false report reiving been circu
■ fm. laleil m Augusta, and U» neighborhood, in
• relation to the solvency of the MACON BANK i
•I and ita abili'y to redeem iis Hills, and it having
|ii en asset ted that tUe puiobr .u of the Stock o I
• aid Burk, by its present owners, was fraudulent
i and sic itious—we deem it > up d r(y to lire public,
,to put them on their gu' r d against speculators,
i who a'e wftiing to sac ilicc not only Hie Bank
ii Dw 'be holders of its bills.
tVe are competed to believe that these re
ports, were set ;fl int by those, who are willing
i to filch from the planter and the laborer, his hartl
yearned money by depreciating its value, and then
[ buying it up at a large discount,
jl VVe unbesifatingly pronounce both reports
wholly untrue , and we ii vde Hie holders of ou l
bills to bring Hr m forward and (hey will be
promptly redeemed.
11. Coleman, President.
Robert Collins, Cashier.
Macon, August 17, 1831. 4t 19
IS' otice.
IT having been represented to the Oity Council
that several mad dogs have been kilb-d w.'hin
-lie limits of this ciiy, during the past week
i Therefore,
Ri.sulved, that notice be given in all the papers
of Augu .ia to the owners of ail dogs in the oily to
keep the same confined until 'he first Saturday ir
j October next.
| Rcsoved. that it shall be the duty of the city
| Marshal to have all digs killed which may be
j found at large, from and after the 17th rmtaiit, til
' ihe first Saturday in Oet-iber ntxi.
! Resolved, that these Rea' Unions be published.
A true extract from tire Minutes of Council
’ nasied the 15‘h August, 1831.
1 Geo, Al. Walker, Clerk.
August IS.
«Mfec\\auvcft > Uuuk, ?
Abod-ta, Auouax 10th, 1831. J
AN Inilalmenl of 10 per cent ou the Capital)
Stock of this Bank, ia required to be paid or.]
rhel7ih October i »ud a further Instalment o
f to per cent, on the 17 b of November next.
I liy order oj the Board of Directors,
ij Ceorge VV. Lftmar, Cashier.
August 16 t W
Notice.
4 LL Lot holders in the city, are hereby in-,
\ i\, formed that suclr of them as violate the pre-i
' visions of Hie Brh Sr cion us the General Ordin-j
inner by keeping water in their cellars, nri
J j browing,decaying or decay*d vegetable, an ’ ani
! -t. aI aubnanues, in the streels SO feet dratant fr m
jibrirlots, between day light and nine o’clock
r ievery m- ini g, e xcept on the Sabbath, will be attt.i
• be 20ih ins.ant tuiniuoued before Council (
nswer for the same.
By order of the Committee on Health,the IS 1
August 1831,
r (leo. M. Walker, c c.
Aligns 1 16 17
yr iliaiik Deeds of Cmivcyß’ice,
MKATLT PHitlTmt ON VKLLHM
tar sale nt Mi# Ojhcr.
X pTU) TTEKvT'
Drawing to be received Satureinp Night
UigUftht IVvitt
S® o ®®® U}(E)lfclL>3 o '
VXHUINIA STATU
LOTTERY,
For the Ueiu fit of (he Dismal Swamp Canal
Company, ■ • s
Extra Class, No. t.
00 Numhei lott.r>— to Drawn -Mallets,
SC H K VIK.
1 Prize of 20,000 DOLLARS
I do of 4,030 DOLLARS
5 «lo of 1,000 DOLLARS
5 •>" of ouo DDLLAJiS
5 Jo of 400 DOLLARS
ll > J« of 300 DOLLARS
10 J'» of 200 DOLLARS
83 Jo of 100 DOLLARS
100 do of 40 DOLLARS
150 Jo of 20 DOLLARS
800 do * of 15 DOLLARS
0100 do of 10 DOLALRs
122 J0 do of 5 DOLLARS
Tickets g 5, Halves g‘3 50, Quarto g 1 25,
|L7* Prompt atteruioii paid tuoidus a;
ISifiJSIRS*
Foutvmale Office,
No. 241, Uuoao-Sthkkt.
%* Address VV. P, llhEiis,
August 2U It
Adrmnisfra tor’s iSalii.
recable ts »n order ot the Honorable if. In,
terior Court of Richmond c unty, when tutmif
for ordinary urpn.es, w 4! be sold, ri (!• ■ lower
Miirkit House in Augusta on the first t uetd'iy
in N-v. tuber next, between (Ue lee A h’uira of
sale :
One House anil Lot mi the Sai d-
Hills. three miles m,m Augusta, belonging to lie
estate of Joshua Moalii, dcCctsed. sold for the
benefit of die heirs of said decean. d,
lihesa llostick,
Asaph Waterman,
Mminiitrator in ng/u of hin H'ije.
August 26 IB.io t 20
V-ILJVL UATbr
JUST RECEIVED,
One hundred Aozun taliu Leaf
iH A li 1 £L
ran sale nr
C. Phillips.
June H l';S
pork;
One hundred Barrels Pork
FOB, fcaLE.
APPLY TO
J. & J. MORryde, on
Samuel Hale.
August 2 13
TB U.EKT,
M Several convenient STOP.tS3
und bWbUING;;.
~ At-MO
Several OFFICES & the Fire*
Proof S I'OKBS now rented to Mi Mr Keen and
Messrs. Hand & Barton adjoining the Ware-1 ii use
of Messrs. Holcombe U Csmpfield Pn-scsuioa
ifiven on the first of (>c tob'-r neat. Am yto
K. F. Campbell.
August 12 1
TO RFJST ,
FIVE TENEMENTS opposite
the I. wrr Market 1 ousC,smtab e for
Mi A <i ORES or 1) Ki.I.INGS. The two
MW. Western IBNEMBNI3 will be tin
islieu u> aud applicants.
lM'i
fcfj* A STORK fronting Uie Plan
ten* Hotel on Broad Struct, occupied
by VV, fe. Bboausik.
Samuel Hale.
July is 8
TO I(KJ\ T\
j A comfortable two story Dwelling
lai d all necessary out Houses, situated on the c i*
1 ner of Tullair and Creen streets, »t present in the
|occupancy of J. S. IXor/r, K q.
- ai.so
A one sUiry Dwelling, on the cor-
I net of Jackson and Green streets.
ALSO
One Tenement in the one story
House on Biiis street, inun. diate’v braw Centre
street. —Possession given on th',- fust Oc ober.
For term* apply .o
John Morrison,
August i 6 5 t 1 7
*~kUaVkVV teV* \*K) Wte.
1 'BXHB Subscriber acquaints the j while that he
t bas engaged T. s. MOOD, Spoon Maker,
t|. d Biat he can now have Spoons, Ladles aid
ugar 'longs, made to order, ot line Silvi r. Work
j ~t.c above line will be faithfully done and on
! *ijonti-4e terras. Persons lihv ng old broken
iver "ipoona, or uth> r old Sliver articles, can
• ,ve them made into new Spoons, kt No. 147,
j iroaJ Street, Augusta.
John Guimann.
ijj* Old Silver loken in exchange lor net*
.ioon».
May JO W