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DECISION S
BCfBEKIE COURT OF GEORGIA.
Delivered in Atlanta, Tuesday, Sept. 30, 1873.
[ssraBXXB bxpbessly tob the cohstitutiox, by
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M.E. Daniel, Adminlatratrix, vh. O. P. Fos
ter, Admiuiatrator. Complaint, from Sum
ter.
WARNER, C.J.
On the 21st day of day Of December, 1887,
the plaintiff brought bis action against the
defendant in the County Court bf Sumter on
a receipt 'for ten bides of cotton, •which the
. defendant was to return in like quality and
weight, as specified in the receipt, which was
dated 15th November,1860. A trial was had
in the County Court, and a verdict rendered
for the plaintiff for the sum of $1,600, and a
judgment entered thereon. After the adop
tion of the Constitution of 1868, abolishing
the County Court, the records and papers ap
pertaining thereto, were transferred to the
Superior Court, and at the April term, 1869,
of the latter Court, a motion was made for a
new trial in the case on the grounds that de
fendant’s counsel had leave of absence from
the Court, and that the County Court was
abolished at the time said verdict and judg
ment was rendered. The Court granted the
new trial on the last ground, holding that the
County Court was abolished in April, 1868,
to which the plaintiff excepted, and brought
the case to this Court. It appears from the
original bill of exceptions in that case, that
it was agreed that the verdict in the
County Conrt was rendered on the 20th
day of July, 1868, and that the
ndgment was entered thereon on the22d day
of July, 1868. This Court held and decided
that the Constitution of 1868 went into
operation and took effect on the 21st day of
Jnly, 1868, and that the County Court was
not abolished prior to that date, and reversed
the judgment of the Court below,.holding
that as it there appeared, from the statement
of facta in the bill of exceptions, that the
verdict was rendered on the 20th, before the
Court was abolished, and the judgment
entered on the 22d, after the Conrt was
abolished, that it was the doty of the Supe
rior Court to have entered a judgment on
that verdict, unless some good and sufficient
cause was shown other than the abolishment
of the County Court on the 21st day of July,
1868—See Foster, administrator, vs. Dani
39th Ga. Rep., 39. When the case was
remanded back to the Court below, and
before the judgment was entered on the ver
dict, the defendant amended his motion for
a new trial, so as to show, from the records
of the County Conrt, that the verdict
was in fact rendered in that Court
on the 22d of July, after the Court
was abolished, and not on the 20lh,
and that fact does so appear from the records
of that Court The defendant also offered
the additional affidavit of Pricegoing to show
that he would prove that the plaintiff’s de
mand had been paid. The Court overruled
the motion for a new trial, and the defendant
excepted. There was no error in overruling
the motion on the ground of the leave of
absence of the defendant’s counsel on the
statement of facts contained in the record.
The defendant had filed no plea, and his
counsel had not marked his name to the case,
and when it was called neither the Court or
the plaintiff’s counsel knew that the defend
ant had any counsel in that case, when the
verdict was taken. The leave of absence
of counsel by the Court cannot properly be
said to extend to any other cases than those
in which he appears to be counsel on the
docket of the Court. It is not the business
or duty of Courts to protect parties,
or their counsel, from the consequences
which result from their own negli
gence. The fact that the verdict was obtain
ed on the 20th of Jnly, as stated in the
original bill of exceptions, was evidently a
mistake, as is now shown by the records of
file County Court, and the question
is whether the defendant was estopped
from showing the truth of the matter
when the judgment of the Court below was
reversed, and before there was any judgment
entered on the verdict? In our judgment,
lie was not concluded on the statement of
facts disclosed by the record, and that the
Court below should have set aside the ver
dict and granted a new trial. When a judg
ment has been affirmed on a statement of
facts contained in the bill of exceptions a
different question might arise, but in this
case the judgment was reversed, and the
whole case was open for further investiga
tion, and the truth may be shown.
Let the judgment of the Court below be
reversed.
N. A. Smith, W. A. Hawkins for plain
tiff in error.
C.T. Goode for defendant.
Tool and Schumpert vs. Wm. P. Jowers.
Foreclosure of mortgage, from Webster.
WARNER, C.J.
This was a proceeding on the part of the
plaintiff against the defendant to enforce a
merchant’s lien,under the provisions of 1977th
section of the Code. The lien of the plaintiffs
is founded on an instrument execute! by the
defendant to the plaintiffs on his growing
crop, pledging the same for the payment oi
two drafts drawn by the defendant upon the
plaintiffs for advances made by them to him.
The affidavit of the plaintiffs foreclosing the
lien states that the defendant is indebted to
them in the sum of $536 45 for supplies fur
nished him to make a crop for the years 7 1870
and 1871, but does not state that the defen
dant was indebted to them for provisions or
commercial manures furnished him by agree
ment between them.' The defendant made a
counter affidavit and stated therein, amongst
other things, that the affidavit made' by the
plaintiffs to foreclose the lien, was made more
than twelve months after the same became
due, and that the execution was void under
the law. On the trial of the issue in the Su
perior Court, when the plaintiffs offered in
evidence the lien fi fa and the levy
thereon upon the defendants property,
the defendant objected thereto on theground
that the fl fa and proceedings to foreclose the
Ren were void'; whereupon the Court dis
missed the proceedings, refused to allow the
plaintiffs to amend their affidavit, and the
plaintiffs excepted. We find no error in the
rulings of the Court in this case on the facts
as disclosed in the record. Saulsbuty vs.
Eason; Pierce vs. Pottishali, decided at the
last term, not yet reported. In the last case
cited, it was held that to create a lien under
the 1077th section of the Code, and have the
same enforced as steamboat liens on the
growing crops of fanners, the plaintiff must
allege in his affidavit that he is either a fac
tor, or ^merchant, and that as such he has
furnished either provisions, or commercial
manures, or both, upon such terms as may
have been agreed on by the parties. Besides,
in the case now before the Court, the alleged
lien claim was not prosecuted within one
year after the debt became due, as is apparent
from the date of the maturity of the drafts
set forth in the record. The fact that the de
fendant had replevied the property levied
on to satisfy the lien fi. fa., by giving his
bond with security, did not deprive the de
fendant of his legal right to make the motion
to dismiss the proceedings, he having alleged
in his counter affidavit that the same was
void under the law. Let the judgment of the
Court below be affirmed.
W. A. Hawkins for plaintiffs in error.
Hawkins, Guerry & Hollis and Allen Fort
for defendants.
Charles Crisp, Solicitor General, ex-rel, An
drew J. Williams, vs. George A. Brown.
Quo Warranto, from Sumter.
WARNER, C.J.
The relator in this case claims that he was
duly elected Ordinary of Sumter county on
the first Wednesday of January, 1872, under
the provisions of the 1346th section of the
Revised Code. On the hearing of the appli
cation for a quo warranto it was refused, and
the relator excepted. It appears from the
record that the respondent Brown, who is
now exercising the duties and functions of
the office of Ordinary of Sumter county un
der a commission from the Governor of the
State, was first elected in the year 1872 to
fill a vacancy which occurred in the office
according to law, and was duly commissioned
by the Governor to fill such vacancy for the
unexpired term, and continued to hold said
office until he waa again elected in January,
1873, and duly commissioned by the Gov
ernor, and the question is, who is the legal
Ordinary of Sumter county ? The relator,
who was elected in 1872, but not commis
sioned by the Governor, or the respondent,
who was elected in January, 1873, under the
provisions of the Act of August 20,1872?
Who has the legal right and title to the office
under the Constitution and laws of the
State? On the 10th of March, 1868, an or
dinance was adopted by the Conven
tion which provided for the con
tinuance in office of the civil officers
of the State until the regular
election provided for after the year 1868,
and until successors are elected and qualified.
By the 12 th section of the 11th article of the
Constitution of 1868 this Ordinance had the
force of law until its provisions expired by
their own limitation, or until otherwise pro
vided by the General Assembly. It was com
petent, therefore, for the General Assembly
after the year 1868 to provide for the elec
tion and succession of county officers of the.
State as was done by the 3d section of the
Act of 1872, and the respondent having been
elected and commissioned by the Governor-
under the provisions of this last named Act,
he is entitled tahold and exercise the duties
and functions of the office of Ordinary of
Sumter county.
Let the judgment of the Court below be
affirmed.
W. A. Hawkins, for plaintiff in error.
N. A. Smith and W. B. Guerry, for defen
dant in error.
Colquitt and Baggs et al vs. P. H. Oliver.
Motion to distribute money, from, Sum-
WARNER, C. J.
On the 20th of July, 1868, a verdict was
rendered in the County Court of Sumpter in
favor of Oliver against Adams. On. the
be fnlly met, and if there be a failure to ad
vertise the sale for thirty days, as required
by the charter, the sale is void.
2. A levy upon land, in this State,
is mafie by an entry by the levying
officer, upon the fi. fa, and an entry
bv a. city marshal on a city tax fi. fa.,
"Levied this fi. fa. on a bouse and lot of tbe
defendant, situated in the eastern part of the
city of Americus, to satisfy the within,” is
not a sufficiently definite entry to give the
marshal authority to sell a lot which the de
fendant happens to own in that part of the
city; nor can each an entry by a city mar
sh al.be amended, after the aide,'by adding a
decription sufficient to identify the property
intended to be seized.
C. T. Goode and B. H. Hill, for plaintiffs
in error. 9
Hankins, Guerry & Hollis, for defendant
F. W. Sims & Co. vs. James and John How
ell. Factor’s Lien, from Sumter.
McCAY, J.
The vendor of a fertilizer is presumed to
warrant that the article sold is reasonably fit
for the purpose intended. Nor is such fit
ness conclusively established by proof that
the manufacturers, whose brand is on the par
ticular article sold, do make an article con
taining fertilizing ingredients. Whether the
thing sold be reasonably fit for the purpose
is a question of fact, to be determined as
other facts, by competent evidence, the com
position .of the article being one fact bearing
upon the question, but not the only one. If,
when properly used, it ordinarily fails to pro
duce a good effect, it cannot be considered as
reasonably fit, even thougb.it may be shown
that fertilizing ingredients are used by the
manufacturers.
Hawkins, Guerry & Hollis for plaintiff in
error.
W. A. Hawkins for defendant in error.
24th of July, 1868, an appeal was taken by
Adams, who executed bis appeal bond be
fore the county Judge, with Foster as his
security, which was entered on the record
book of said Court, and the case was trans
mitted to the Superior Court in which a trial
was had and a verdict was rendered against
Adams on the appeal trial, upon which
judgment was entered against Adams and
Foster as his security on the appeal. The
property of Foster having been sold by the
sheriff, and the money arising from the sale
thereof being in the heriff’s hands, and on a
motion to distribute tbe same, Colquitt and
Baggs and others, being junior judgment
creditors of Foster to Oliver’s judgment,
moved the Court to set aside Oliver’s judg
ment against Foster as security on the ap
peal for Adams, on the ground that the judg
ment was void to them inasmuch as the ap
peal from the verdict in the Connty Court
was taken and the appeal bond executed be
fore the County Judge after the county
Court was abolished by the adoption of the
Constitution of 1868, on the 21st day of July,
of that year. The Court refused the motion,
and ordered tbe money in the hands of the
Sheriff to be paid to Oliver’s execution,
which waa the oldest Whereupon,the other
judgment creditors of Foster excepted.. The
verdict against Adams was rendered before
the county Court was abolished by the Con
stitution of 1868, and he then had the legal
right to appeal therefrom within four days,
by paying costs and giving security, which
was done, and the case transmitted to the
Superior Court, as provided by law! -The
taking the bond and security by the County
Judge on the records of that Court, was a
mere ministerial, and not a judicial act—it
was nothing more than a transmission of the
unfinished business of the County' Court to
the Superior Court—and in our judgment,
the appeal was not void, nor was the judg
ment rendered thereon in the Superior Court
against the security on the appeal void, un
der the provisions of tbe Constitution of
1868.
Let the judgment of the Conrt below be
affirmed.
■vW. B. Guerry, Hawkins, Guerry & Hollis,
for plaintiffs in error.
C. T. Goode and N. A. Smith, for defend
ant.
R. A. Lansdale et al vs. Peter F. Brown et
et al. Demurrer to bill in equity, from
Sumter.
WARNER, C.J.
This was a bill filed by the complainants
against the defendants praying for a parti
tion of a lot of land in the county of Sum
ter, the complainants claiming seven-eights
of tho lot. The defendants demurred to the
for want of equity, which was sustained by
the Court, and the complainants excepted.
The object of the bill, as we understand it,
(though it is very difficult to say what is the
precise object of it from the confused and
imperfect allegations contained therein) is to
have a partition of the land between the
complainants,and defendants, aa tenants;in
common, the complainants claiming seven-
eighths of the land, and the defendants one-
eighth thereof, and to have an account and
decree against Ihe defendants for the rents
and profits of the land. Whether the de
fendants are in possession of a greater por
tion of the land than their one-eighth share
would be. on a divirion does not appear, nor
does it appear that the defendants are hold
ing adversely to the complainats any more
of said land than one-eighth thereof, or that
there has ever been any actual ouster of com
plainants as tenants in common by tbe de
fendants, or anything going to show
that a liability on the part tj>f. the
defendants as tenants in common with
the complainants to account to them,
for the rents and profits of - the land;
nor does the bill clearly and affirmatively
show such a state of facts as would entitle
the complainants to come into a Court of
Equity to have a partition of the land. If
the other allegations in the bill had been
sufficient, the number of parties defendant
might have been a good ground for equity
jurisdiction to prevent a multiplicity of suits.
Let the judgment of the Court below be
affirmed.
C. T. Goode for plaintiffs in error.
W. A> Hawkins, B. P. Hollis, for defend
ants in error.
Absolam Parker vs. Obsdia Green et al.—
Injunction, from Sumter.
McCAY, J.
This being a judgment refusing to grant
an injunction on a bill,answer and affidavits,
we are sot satisfied that there was any
abuse of the discretion of the Court, and,
there being no error of law, tbe judgment is
affirmed.
Hawkins & Hawkins, for plaintiff in
error.
J. A. Ansley and Philip Cook, for defend
ants.
J. A. Ansley, et al., vs. W. A. Wilson, Trur-
tree. Injunction, from Sumter.
McCAY, J.
1. In order to pass tbe title to land, by a
sale, by the city marshal of Americus, under
a fi. fa for city taxes, it is necessary that all
the requirements of the city charter should
A H. Lee, Sheriff, vs. James W. Armstrong.
Rule vs. Sheriff. From Macon.
McCAY, J.
1st. A rule ni. si. against a sheriff is not
demurrable for uncertainty which sets forth
at its head the name of the plaintiff and de
defendant of a fi. fa., the amount of the
principal and interest at the date of the judg
ment, the Court to which the ji. fa. is return
able and which alleges that the sheriff has
had the fi.fa. long enough to have made the
money.
2d. Two fi. fas. may be included in one
rule m'. si. against the sheriff, and if one of
th6m be not fully- described, a general de
murrer does not lie to the rule.
This Court cannot consider a question not
made in: the record before it, and the fact
that the Clerk of the Superior Court has
sent up with the transcript a portion of the
record of another case does not make that
case a part of the record of this case.
W. A. Hawkins, for plaintiff in error.
James Armstrong and N. A. Smith, for de
fendant.
J. M. Rodgers vs. J. M. and F. Franklin.
Complaint, from, Sumpter.
McCAY, J.
Where a planter contracted a debt with a
factor for provisoes to make his crop, and
gave a lien on his crop for the payment
thereof and of any attorney’s fees for the
enforcement thereof, and no action was
taken to enforce the lien, but only a suit for
the debt, claiming such fees as due for
such suit:
Held, That the lien for attorney’s fees was
not a good lien nnder the Act
of 1866, authorizing liens, to secure the pay
ment of money due for provisions, etc., and
that suchfees are not recoverable in a suit at
law for the debt. Judgment reversed.
Hawkins and Guerry and Phil. Cook for
plaintiff in error. ;
•B.P. Hollis and Allen Fort for defendants.
Hardeman and Sparks vs. R. D. Brown and
D. E. DeVaughan. Claim, from Macon.
McCAY, J.
Where a commission merchant and\ factor
advanced money to a planter ter purchase
supplies, the planter agreeing; in writing, to
deliver to the factor, at his own house, in
Macon, enough of the crop upon which the
money waa thus advanced to pay for the
said advance, and the planter accordingly did
deliver at the depot of the Southwestern
Railroad at Mont ezuma,such cotton consigned
to the factor, at Macon,and after such delivery
th ecotton was seized to satisfy a lien under the
Act of 1866, given to a third person and prior
to the factors advance, but not foreclosed
until after the" delivery of the cotton at the
depot, so consigned to ihe factor:
Held, That the delivery at the depot of
the cotton consigned to the factor, was, for
the purposes of the lien, a delivery to the fac
tor, and his special property thereupon at
tached, even against other liens under the Act
,of 1866, given prior to the factor’s advance,
if the factor had no notice of said liens prior
to his advance, and there was no foreclosure
of the prior lieu before the delivery at the
depot, as described.
If an issue be made upon a lien foreclosed
under the steamboat lien law by affidavit, or
if there be a claim of the property, the papers
are to be returned and the issue tried iu the
county of the residence of the defendant.
F. T. Snead, Poe & Hall, by brief, for
plaintiffs in error.
W. A. Hawkins, for defendant.
Lee Smith vs. The State. Murder from
Webster.
McCAY:
The killing of a human being, even in the
heat of passion, is murder, if the slayer have
no just cause for his aDger, or if after the
provocation, and before the killing, there be
sufficient time for passion to cool aud reason
to resume its sway.
Judgment affirmed.
W. A. Hawkins, G. H. Pickett and R. J.
McCleskey, for plaintiff in error.
C. F. Crisp, Solicitor General, C.T. Goode,
represented by Phil Cook, for defendant.
Charles W. Bass vs. Samuel D. Irwin, Ad
ministrator. Motion to enter judgment
nunc pro tunc, from Sumpter.
TltlPPE, J.
1. A Judge of the Superior Court cannot
open Court and receive a verdict from the
jury on the Sabbath day, and such a verdict
so rendered is illegal and a nullity.
2. Where a verdict has been so rendered
and entered by the Jury, through mistake, on
the wrong writ, on’ the hearing of a motion
at a subsequent term of the Court to transfer
the verdict to tbe proper declaration and to
enter judgment nunc pro tunc, and it appears
from the yerdict or by the admission of the
that it was rendered on the Sabbath
tion, whether the conviction is or is not
founded solely on circumstantial testimony.
Judgment reversed.
W. A. Hawkins for plaintiff in error.
C. F Crisp; Solicitor General, represented
by Phil. Cook for defendant in error.
Rufus King vs. Robert Parker, J. W. Walker
and E. C. Greer, Executors. Motion to
distribute money, from Webster.
TRIPPE, J.
On the hearing of a bill filed in a claim
case, a consent decree was taken that the
land levied on should be sold by the sheriff,
and that the attorney for plaintiff in execu
tion should pay out of the proceeds of the
sale the cost and a certain amount to the at
torneys of claimants.
Other properly of the defendant in. execu
tion was subsequently sold under other judg
ments against him.
On a motion to distribute the money arising
from the last sale, the first mentioned judg-
ment being the oldest and not being fully
paid by the sale of the land, it was compe
tent for the defendant in execution and plain
tiffs in the younger judgments to prove by
parol that the consent decree and sale under it
were to be a satisfaction of the older judg
ment.
Judgment affirmed.
Hawkins, Guerry & Hollis, for plaintiff in
error.
W. A. Hawkins, T. H. Pickett, for de
fendants in error.
Joseph Mize vs. The State. Gaming, from
Sumter.
TRIPPE, J- '
.The plea of autrefois convict to an indict
ment for a misdimeanor, in the Superior
Court, may be sustained by proof of such
former conviction before an Inferior Court
baying jurisdiction of the ofiense, unless it
appear that such an .indictment waa.found
prior to the prosecution in the Inferior Court,
and that the defendant had been arrested
under it.
Judgment reversed.
C. T. Goode, for plaintiff in error.
C.T. Crisp, Sol. Gen’l, represented by
Phil Cook, for defendant in error.
IRON WAREHOUSE
OP TH. I-;
Scofield Rolling Mill Company
Atlanta, Greorsla,
NO. 28 PEACHTREE STREET.
Bar.Iron of^all^kinda, warranted, equal to anyjmade, wholesale and retail at 42c. rates.
• ; . Call and examine the stock and get a Price List
sep2—d&wtf
GUANO NOTICE TO PLANTERS.
-It/TABK W. JOHNSON, of Atlanta, Georgia, will
iVJL take Cotton In accordance with contract, in pay
ment of Guano Bonds, at 15 cents for middlings, np
to November 1st, after which date this privilege cess,
et. So please be in time, and avail yourselves of this
rare opportunity to get a good pricefor yonr Cotton.
Parties owing less than a bale, will Bhip the bale and
the balance will be returned them at the market
price. Settle here or with my Agents, who delivered
you guano- I am now reaoy to deliver Guano for
another season.
1 am now ready to receive, store, ship and buy cr
sell Cotton for my customers.
sep30-d&W2w . ,
Boaz Kitchens et al vs. R. H. Hutchins.
Claim, from Sumter.
TRIPPE, J.
There was sufficient evidence in this case
showing th't the value of the land levied on
was greater than the amount due on the exe-
cution.to authorize the damages to be assessed
on said amount.
Judgment affirmed.
John R. WorrilLfor plaintiff in error.
Lyon & Irvin, Hawkins & Hawkins and
N. A Smith, for defendent in error.
S. A. Addison, Administratrix vs. John
Christy & Co. Complaint, from Haber
sham.
TRIPPE, J.
An account was contracted with a mer
chant on the 31st of January, 1866. Suit was
instituted on the account on the 19th March,
1870. It did not appear in evidence on the
trial that by contract or custom day of pay
ment was given when the goods were sold:
Held, That under the 8th Section of the
Act of March 16th, 1869, entitled “An Act
in relation to the statute of limitations and
for other purposes,” the right of action in
this case is controlled and governed by the
limitation laws as set forth in the Revised
Code of Georgia, adopted by the new Con
stitution of this State,” and said “limitation
laws” requiring Suits to be brought within
four years on accounts, the right of action
was barred when this suit was instituted.
Judgment revel sed.
C. H. SuttOD, Hillyer & Bro. for plaintiff
in error.
Garnett McMillan, and Sidney Dell, for
defendants in error.
William A. Black et aL vs. T. R. Swanson.—
Complaint from Sumter.
TRIPPE, J.
A note executed in January, 1865, and due
in December of the same year was not on the
15th of June, 1871, barred by the statute of
limitations, nor was the holder thereof pre
vented at that time, by the Act of March
16th, 1869, from pleading the same as a set
off to an action pending against him by the
maker.
Judgment reversed.
Allen Fort, represented by N. A. Smith,
for plaintiffs in error.
Hawkins, Guerry & Hollis, for defendant
in error.
Jv® qTHE ' MILD POWER
SfcURESi
IIU.1IPHKEIS’
HOMEOPATHIC SPECIFICS
H ave proved, prom the most
ample experience, an entire eucoess. Simple,
Prompt, Efficient and Reliable. They are the only -
medicines perfectly adapted to popular use—so
simple tint mistakes cannot be made in using
them; so harmless as to bo free from danger; ana
so efficient as to be always reliable. They have the
highest commendation from all, and wiU always
• rentier satisfaction. Price, in huge three-drachm
vials, with directions:
Nos. Cures. Cents.
- SO
50
50
50
1. Fevers, Congestion, Inflammations,
2. Worms, Worm Fever, Worm Colic, .
5. Crying-Colic, orTeethingof Infants,
4. Dinrrliocn, of Children or Adults, .
5. Dysentery, Griping, Bilious Colic, .
C. Cliolera-Morlms, Vomiting,. . .
& Coughs, Colds, Bronchitis, ....
' Neuralgia, Toothache, Faceache, . .
9.. Headaches, Sick Headache, Vertigo,
10. Dyspepsia, Bilious 6te>nach, ...
H. Suppressed, or Painful Periods,. .
12. Whites, too Profuse Periods, ...
15. Croup, Cough, Difficult 7*
Itheusn, Erysipelas .
Pains, ,
H. Salt Itheusn, Erysipelas, Erui
15. Itheumatism, Rheumatic
iy, it is proper for the Court to consider that
question if made in the answer to the mo-
ion.
Judgment reversed.
C. T. Goode, for plaintiffs iu error.
W. A. Hawkins, for defendants in error.
Chas. West alias Lewis Johns yi. the State.
Arson, from Sumter.
TRIPPE, J.
According to the decision in Johnson vs.
the State, rendered at the January term,
1873, where the indictment is for arson, in
burning an occupied dwelling house, other
than in a city, town, or village, and the jury
render a verdict of guilty, with a recommen
dation to tbe mercy of the Court, such a ver
dict is uncertain and illegal, ana should be
gel aside. A verdict in such cases, where the
defendant is convicted, should be a general
verdict of guilty, or guilty with a recommen
dation that he be confined in the penitentiary
for life; The jury may, in all capital cases
except for murder, recommend the commute-
VALUABLE
FOR SALE!
B Y leave of the District Conrt of the United States
for the Northern Dlsrict of Georgia the under
signed offers at private sale the property near Covin;
ton. In Newton connty, Georgia, known as the Steal,
man's Fsctory Property,consisting of about.4,800
acres of land on Yellow Elver.
On the place are two factory buildings, one of them
spinal)
and tae
e shop for
brick 60x40 feet, containing 2,000 spl:
other machinery for making yarn, a machine ,
repairs and a set of wool cards; the other oi wood
40x32 feet, containing 840 cap spindles.
Also, a building containing a cotton gin and screw.
Also, a saw mill with a circular saw, a Woodworth
planing machine, and a shingle machine.
Also, a good grifct and flonrlngmlll with three runs
of rtoneB, well arranged for custom and merchant
grinding.
The npper fall is 42 feet In about 200 yards, meas
uring fiom the top of the present dam, which Is 4feet
high. Hal) a mile below i* another tall of 23 feet.
The bottom and banks of the river are ef hard gran
ite. The power at the upper fall has been estimated
by Mr. BJdtt-h. a skill! ul engineer, at 1,000 horse
power; that at the lower faU at 601 horse power, at
low stages of water.
At the lower place Is a good new stone raoe over 300
yards long; also, an nnfln-ehed wooden building with
machinery lor the manufacture of fertilizers.
At the npper plaoc are two good dwelling honses, a
Btore, blacksmith shop and about 40 dwelling honses
for operatives.
Much of the land is of good quality for cultivation 1
having a fair proportion of open land and I oreet. There
are 14 separate fuming settlements, having dwelling
honses for tenants.
The factory buUdlngs are about three miles from
Covington depot on tho Georgia RtUroaa, to which
point tnere Isa good road. The distance Irom Atlan
ta is about 40 mile«, from Augusta about 130 miles.
This property is oBercd for sale as tbe property Of
Enoch Steadman, bankrupt.
The node) signed may be addressed at Cartersvllle,
Ga. AMOS T.AKERMAN.73
sep28-d4t&wlt Assignee,
I TAKE pleasure In announcing to my friends and
the pnolio generally that 1 am new ready te re
ceive
COTTON ON STORAGE
at my Agricultural Warehouse, corner Alabama and
Forsyth streets, and would thank my filends, both
merchant and planter, to favor me with a portion of
their pa,ronage, I solicit
Oonarisnents of Ootrtoxx
for sale here, or for shipment to my correspondents at
Bavannab, Charleston. New York or Llvcipool. upon
which I will make LIBERAL CASH ADVANCES, on
liberal terms. My cotton business is
STRICTLY COMMISSION.
and no pains will be spared to get the
HIGHEST MARKET VALUE
for cotton entrusted to my management.
Entitnce to Warehouse on Forsyth Street front.
eept21-d&wlm. MARK W. JOHNSON,
Id. Fever Viml Agree, Chill Fever, Agues, 50
17. Files, blind orbleeding, . . . . . . 50
18. Opht .mlmj-, and Sore or Weak Eyes, . SO
lit. Catarrh; Acute or Chronic Influenza, “
Scrofula, fc-itanre-l Glands, Swellings, . 50
21. General Pebili*y, Physical Weakness, . 50
25. Dropsy and Scanty Secretions, - . • •
Sfi Sea-Sickness, Sickness from Riding, . 50
Klduej-lUsease, Gravel, . . . . . -0
»s Pier von « Debility, Seminal Weakness,
or Involuntary lnscuaiges, 100
»« eMouth.banker, - - . • • • • »
, yVVea.1.«»c»B, Wetting the Bed, 50
l it J*i-il
111. No
:.l. Pkiul'il With
Stifle I iiu;si ■ < •a-';onfI.lt‘, . . .
, i "»••••. . S'. \ Dance,
li* RMn-rtn. n-- -.tr l Sore Thront..
’ „n,e t ougctlollS an . Liu. —tn
l\Ui:r.V CASTS.
, - .1 K-ec-J w: "t above 33 large vtr*
price.
Hum ^ffip S a?hic Medicine Co.,
Office unit Derot, No. * CinS *
For Sale 1>y all Druggists.
At wholesale by-Henry C. Pope, Retail by Collier &
Venable, and T. Schumann, Atlanta Ga.
apr!3—deod&wly-Sdpage.
NEW ADVERTISEMENTS
Ask yonr druggist for thlsY^ U TT* C2 Cl
Remedy. A box of PILnSA*, A'Al ® ®
with each bottle, and-Is
sold. N o— —
Cure no
Pay. CURE —Ask
T O W T fl tax * Fever
wF JLw X We'Tonic -ItlsthesafetesL
Don’t Forget the Warrant, If It fails to
cure you. Get Youk Money Back.
W. C. HARlI.-rON & CO.,
Cincinnati, Ohio.
A r.KKAT SENSATION! Agents
Wanted; Cash Salary, or Commiaeion al
lowed. Strlcily honorable. Addrees,
F. A. ELLS & CO., Charlotte, Mich.
WORKING CLASS,S1^ E S^
Respectable employment at home, day or evening; so
capital required; fall instructions and valuable package
of goods sent free by mall. Address, with six cent
retnm stamp, H. YOUNG & CO., 178 Greenwich
street,, N. Y.
MURDER ?„ r-o, we would only call attention
Wells’ Carbolic Tablet* are pat np only
In blue boxes. Take no anbstltntes. If tney can’t be
fonnd at yonr druggist’s, send, at once to the
Agent in New YorK, who will forward them
by return malL
Don’t bo Deceived by Imitations.
Sold by drueglsiB. Price 25 cents a box.
JOHN Q. KELLOGG, 18 Platt atreet, New York.
Send for Circular. Sols Agents for United States.
TUTTs
VEGETABLE
v iZVER P1LU%J
THE ONLY KNOWN MEDICINE,
THAT AT Tins fiAine TIME
PURGES, PURIFIES AND STRENGTH
ENS THE SYSTEM.
Dr. Xntt’s Pills are composed of many In
gredients. Prominent among them are 8areaparilla
and Wild Cherry, so united as to act together; the
one, through its admixture with other eubatances,
purifying aud purging; while the other is strength-
ening the system. Thus these Pills are at the same
time a tonic and a cathartic, a desideratum long
sought for by medical men, bnt never before dis
covered. In other words, they do the work of two
medicines and do it much better than any two we
know of, for they remove nothing from the system
- Ltlmpw —
.-eatONL
followed by no reaction.
Dr. Xntt’s Pills have a wonderful Influence
on the blood. They not only purify without weaktn-
but Impurities, so that while they purge they also
ten and hence they cause no debility and are
lug it, bntthey remove all notions particles from the
chyle before it is converted into fluid, and thus makes
Impure blood an ntter lmposibUlty. As there is no
debilitation, so there is no nasnsea or Bickness at*
tending the operation of thlsmoat excellent medicine,
which never Btralns or tortures the digestive organs,
but causes them to work In a perfectly natural man
ner; hence persons taking them do not become pale
and emaciated, but on the contrary, while all impari
ties ate being removed, the combined action of the
SorBsparilla and Wild Cherry purities and Invigorates
the body, and a robust state of health is the result of
their united action. Price 25 cents a box Sold by
alldroggiEts. Depot 43 Conrtland street, New York.
Tile First Ui-visiOD.
OP THE
St. Paul aM Pacific Railroad Comsany
OFFER FOR SALE
1,500,000 ACRES I "
PRAIRIE. TIMBER AND
MEADOW LANDS.
PRICES RANGE FROH
$4 TO $15 PER ACRE!
Ten Tears’ Credit Given When
Desired.
town " lots
AX fflt'IBBRATE PRICES IN
Towns AX RAILROAD
STAXIONS.
GOVERNMENT LANDS.
at ill to be had, under Homestead law, along all lines
of this companv.
ON THE MAIN LINE, ,
between Benson and Breckcnridge, we also sell
WHOLE SEC1I0NS AT SIX DOLLARS
PER ACRF,
On 3}S Years’ Xime, Free of Interest,
on condition that the purchaser breaks the whole sec
tion within a year from purchase snd plants forty
acres iu limber, for which the Company will furnish
young trees or seed. For particulars address
HERMANN TBOTT,
Land Commissioner, St. Paul, Minnesota.
8ep25^eod4w&wtt
TBE EBH1EST SCHEME ETCH KIBWI.
Fourth Grand Gift Concert
FOR THE BENEFIT OF THE
Public Library of Kentucky.
12,000Cash GiftsS1,500,000
SVJBBY FIFTH TICKET DRAWS A GIFT.
$250,000 fox* 950.
fTPHE Fourth Grand Gift Concert authorized by spe-
_L clal act of the Legislature for the beneflt of the
Public Library of Kentucky, will take place in Public
Library Ball at Louisville. Ky.,
our welz. auger, with which a "WEDNESDAY, DECBMBER 3d, 1873.
man can earn $25 per day in good territory. It bores | Only Sixty thousand tickets will be sold and one-
any ’diameter and ordinsry wells at the rate of J half of these are intended for the Kuropean Market,
150feet per day. Farm.Townehip and County Rights, thus leaving only SO.COO for sale in the United States,
for sale. Descriptive book sent on receipt of 9 cents» where 100,000 were disposed of for the Third Concert,
postage. Address, AUGER COMPANY, i The tickets are divided Into ten conpons or parts and
St. Louis, Mo. i have on their back the Scheme with a full explanation
. {of the moae of drawing.
(OR PORTABLE AND STATIONARY
PACE’IPATEJTT PORTABLE
CIRCULAR SAW MILLS.
To cut from 300 to 3,000 feet per boar with
one saw. Gang, Muley and Sash Saw Mills, Portable
Grist Mills, Leffel’s aurbine Water Wheels, and every
kind of Machinery accessory to tbe manufacture of
Lumber. Address. GEO. PAGE Sc CO,.
No. 5.N. Scbroeder St., Rett more, JJId.
gg~Send fcrDescriptive Catalogue and Price list.
WASHINGTON AJm^L^SlLIE.
AGENTS WAMTED for a complete history of our
National Capital. Its origin, growth, excellencies,
abuses, beauties, and personages are all poz fayed in
that graphic style which has placed the author. Geo.
Alp. Towhsend, among the foremost newspaper cor
respondents of the time. It gives bold startling,
truthful Inside views of Washington life, and Con*
greesional and Lobbying Jobbery. Books xeadyfor
delivery. Extra terms for this State. Address,
S. M. BETTS & CO., Cincinnati, O.
v\oMEsr/r”
Xgexit** WautodU
SKNu fur Catalogue.
MM “ T v»Wo¥r E MH -
Write for La® Ilstratei Price List.
Arlrlrnnw.
^WTRFIELD SI PITTSBURGH PAT
Breech-loading Shot Gnns $49 to $300. Donblc
Shot Guns. $3 to $150. Single Guns $3 to $20. Rifles
$8 to $75. Revolvers. $6 to $15. Pistols, $ l to $8
Gun Material. Fishing Tacklo. Large discount to
Dealers or Clnbs. Army Guns, Revolvers, eta,
bonght or traded for. Goods sent by express C. O. D.
to be examined before paid for.
NEJ V EBL
Neglect a Couch. Nothlrgismore certain to
lay the fonndatton for fntnre evil conseqtences.
WELLS’ CARBOLIC TA8LETS
are a sure care for all diseases of the Respiratory Or
gans, Sore Throat, Colds, Croop, Dlpthena, Asthma.
Catarrh, Hoarseness. Dryness of the Throat, Wind-
E ipe, o; Brochial Tubes’ aud all diseases cf the
nngi.
In all cases of endden cold, however taken, these
TABLETS should be promptly and iree.y used. They
equalize the circulation of the blood, mitigate the
severity of theattack, and will. In a very short time,
restore healthy action to the effected organs.
itSSfeSsfBSSMBSb.
Public Library Building, Louisville, Ky.
Agent Publ.
” j
»ugl9—d tueB & thurs & w till dec!
OBSTACLES TO MARRIAGE.
, „ •-M Impediment marriage
removed. New method of treatment. New and
remarkable treatment Books and Circulars sent
ira.—a-i lusiunuou caving a high reputi
honorable conduct and professional shill.
jab 8—dAw3m
At this concert which will be the grandest musical
display ever witnessed in this country the unprece
dented sum of
$1,500,000,
divided into 13,000 cash gifts will be distributed by
lot among the ticket holders. The numbers of the
tickets to be drawn from one wheel by blin children
and the gifts from another.
USX OF GIFXS.
ONE GRAND CASH GIFT $250,000
ONE GRAND CASH GIFT 100,000
ONE GRAND CASH GIFT 50l00O
ONEGBAND CASH GIFT 2S.000
ONEGRASD CASH GIFT 17 «00
JO CASH GIFTS $19,000 each 100 000
SO CASH GIFTS 5,000 each 160.000
50 CASH GIFTS 1,005 each 50*000
80 cash gifts eoo each 40,000
100 CASH G1FT8 400 each 40,000
150 CASH GIFTS TOO each 45,000
250 CASH GIFTS 201 each 50,000
325 CAS GIFTS 100 each 32.501
11,000 CASH GIFTS 50 each 550,000
TOTAL, 12,000 GIFTS, ALL CASH, amount-
ihg to $1,500,000
The distribution will be jioeitive whether all the
tickets are sold or not. and the 12,000 gifts all paid in
proportion to the tickets sold—all unsold tickets be
ing destroyed as at the First and Second Concerts
ana not represented in th- drawing.
PRICE OF XICRETS.
Whole tickets $50 00; Halves $25 00; Tenths, or each
coupon $5 00 ; Eleven Whole Tickets for $500 OJ: 2214
Tickets 1 or $1,000 00; 113 Whole Tickets for $5,000 00:
227 Whole Ticketafor $10,000 00. No discount on leee
than $500 00 worth of Ticseta at a time.
The unsurpassed success cf the Third Gift Concert
■a well as the satisfaction given by the First and
Seoond makes it only necessary to announce the
Fourth to insure the prompt sale of every ticket. The
Fourth Gift Concert will be conducted in all its de
tails like the Third, and foil particulars may be learned
from circulars which will be sent free from this office
to all who apply for them.
Tickets now ready for ealo and all orders accom
panied by the money promptly filled. Liberal terms
given te those who buy to sell again.
To Printers.
YY ® WILL SELL A COMPLETE OUTFIT FOB
a country printing office at very low figures. A goo
outfit for a Job office, also, included. “ 6
Jlyl5-tr W. A. HKMPUTT.T. * CO