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THE ATLANTA WEEKLY SUN. THE DAILY SUN. Wednesday Morning. ........ August 23. THE GREAT GEORGIA STATE t FAIR TO BE HELD AT MACON 23d OCTO BER, 1871. Central Parlt, Macon. Description of Buildings and Grounds. A Delightful Place. Fairs, Ancient and Modem. No subject of general national interest elicits more attention, and deservedly too, than that of Fairs. Every intelli gent citizen must feel the deep and last ing importance of such exhibitions of tbe energy, genius, productiveness and increasing wealth of his country, and particularly of tbe State in which his own fortunes are involved. The mar velous progress of the United States, in all that constitutes a great and mighty people, the advancement of art and sci ence, ot manufacture, and especially its world-domineering progress in that most powerful and influential of all sci ences—tbe science of Agriculture, is no where so plainly seen as in the annual Fairs—County, State and National— where the masses of our people congre gate to. view the golden and imperishable fruits which the mind of man has plucked by the skill of his hand and the power of intellect, from the grasp of smiling moth er Nature. Upon such occasions vast multitudes imbibe valuable practical lessons; good purposes ore strengthened; the re sults of mental toil, the labor of ten thousand hands lie before them for inspection, and the spot is at once/and for days, turned into a vast school of universal knowledge, where old and young, rich and poor, male and female, may witness with admiration what man can do to adorn and fructify life, and where purposes in the hearts cf thousands ore strengthened to '‘go and do likewise,” to imitato or to excell, un til from this source the welfare of an en tire peoplo is enhanced and its status raised still higher among the nations of earth. Such nmst be the legitimate ten dency of all legitimate efforts to gather in one appropriate spot the produce of the bund and the mind of wan for the education of, the peppjQ.of a. State, and enhanced, as our State Fail's are, by all that the tusto for tho beautiful can sug gest or money can procure. The origin, of fairs dates back into re mote antiquity. The nations of the East have, from time immemorial, been in the habit of congregating at some chosen .spot where, for weeks, the treasures of Ind and the barbaric splendor of Orien tal life were displayed; remote sections interchanged their products," vast sums of money changed hands and, in addition, these fairs were made the occasions for picturesque religious festivals. Even at tho present day the Oriental Fairs are celebrated for their extent, rich ness and importance. At Hurdwar, in India, a Fair is held annually at the ver nal equinox, at which about three hun dred thousand strangers assemble in the town and its vicinity. Most of these are pilgrims to the sacred river GaDges, and' unite trade and religions observances in picturesque confusion. The Fair at Mecca, in Arabia, is also still of great interest. Russia is famous for its enormous Fair, lasting some times two months, and frequented by repre sentatives from almost all the nations of earth. The total value of articles disposed of at tho chief Fans reaches about $200,- 000,000. England, France and Germany have fully tested the great value of Fairs, and their governments sustain most lib erally every effort of the people in this direction. At all of these gatherings immense quantities of goods ore disposed of, and the occasion is improved to form business connections between merchants residing iu the various commercial coun tries of tho old and new world. Our own country has not been behind in this glorious race of self-improvement, and the State Fairs of tho Union are es pecially most notable and brilliant events. The sale of articles is a matter of small moment with us, and the chief point of interest centers in the display of goods, fruits, agricultural implements and fine stock, and an honest ambition is fostered among competitors by the distribution ot valuable prizes. The Fairs held annually by the Geor gia State Agricultural Society, are rapid ly becoming great centers of attraction to our whole people, free schools of hu man enterprize and intellect, and the foster-mothers of all that is most valua ble to ns as a people in point of material progress and prosperity. Everything that enhances the value of these excellent State Fairs of ours should be properly estimated by every intelli gent man and woman in the State, and the successful efforts of cities and com munities to enrich these occasions by all the embellishments of art, and to in crease their good effects by means of the - ennobling touches of good taste and by successful architectural designs, merits the attention of our people and should be noticed extensively by a patriotic press. In view of this, wo have the pleasure of giving a description of CENTRAL PARK of MacoD, Ga., where it is proposed to 1 Hold the next State Fair, beginning Octo- j but an elegant appearance- ber23d. the gband stand. Central Park seems to have been in- The «« Graml Stand.” for the races, j tended by nature for just such a purpose, j wiU be built ont side the track, and direct-1 nml in point of location is entirely un- j v 0 pp 0S ;te the judges’ stand. It is to be I surpassed by any similar spot m Amen- ; j. bree hundred feet long by thirty feet j ca. The Park is situated in a nati\ e 1 w ide, exclusive of the platform and J growth of pine, is perfectly level, and in j „ a ]j er y_ every respect, completely adapted for the t ° <p b j s extensive structure, when filled by ! purposes to wbieliitis now applied. I be - the youth, beauty and chivalry of the race tracks j Empire State of the South, will present ■ arc unexcelled anywhere in this country, j one of the most imposing sights witnessa- j The mile track is considered by good j ble in America, judges, to be tbe handsomest one in the world, while another track, called the “half-mile track,” winds grace fully about a beautiful grove of trees. The tracks are in the most perfect order and are as smooth as the gravelled walks of an English nobleman’s park. THE GRAND ENTRANCE. Approaching the Fair Grounds, which are of swift and easy access to the city, the visitor is first struck by the graceful and lofty proportion of the “ Grand En trance.” This is a model structure, ad mirably located and of handsome design. It presents a front of nearly seventy feet. The main gateway, occupying the centre, which is twenty feet wide, and upon each side are smaller ones seven feet wide. Adjoining these are two lofty pavilions, richly embellished and crowned with neat and tasteful turrets rising to a height of sixty feet. A grand arch is thrown across from one pavilion to the other, from the centre of which rises a flag-staff, to a height of one hundred feet, which is sur mounted with a large gilded ball. Upon the arch will be the name “Central Park,” and conspicuously placed, in pan els designed for the purpose, on each pa vilion, will" be the mottoes, “Agriculture,” “Commerce” and “Art.” Ample rooms %>r offices, Lai dies’ waiting rooms, police quarters anil gate keeper complete the structure. THE RIVER TERRACE, one of the most unique “beauty spots of Central Park, is the fine terrace into which tho bank of the adjacent river has been transformed as if by magic. The work has been artistically done and the effect is superb. The soft green of the turf invites the stroller to repose, and the gladdened eye can from any point of this magnificent terrace survey nearly a mile of tho river before him. This has been accomplished with studied care in order to insure the thousands who will disperse themselves over this locality a thorough view of the boat-racing, which sport is one of the great attractions promised to the visitors of the State Fair at Macon. Too much praise cannot be given to the projectors of this unique and very beau tiful terrace-feature of Central Park. “PREMIUM HALL” is two hundred and fifty feet in length by forty-one feet in width and Wo stories high, each fifteen feet in the clear, and the first floor having an elevation of five feet from the ground. The front and rear facades are broken by a projection of ten feet from the main building by fifty feet front. Galleries, four feet wide, surround the entire building, on a level with each floor, affording space for promenades over twelve hundred feet in length. The ex terior cornices and gables ore to be richly ornamented with tracery and brackets. The doors of ingress and egress are com modious and Veil located. The interior will be well lighted, have ample and com modious stairs to the second floor and a fountain placed in.the centre. The whole 5a to be finished nicely and handsomely painted. • FLORAL HALL. This building will be one hundred and sixty-four feet fi'ont by fifty feet deep, two stories high, with pavilions twenty- four feet square upon each of the rear corners three stories high. The front facade is broken by a projection of twelve feet from the main building, and forty- four feet front. This center facade is three stories high, and handsomely em- belished with a double story verandah across the front. Balconies four feet wide, supported by massive brackets, will fill the angles from the center to the cor ner pavilions, and a gallery nine feet wide and one hundred and forty feet in length will connect the rear pavilions, from which every foot of the race track from the “start” to the “home-stretch,” can be seeD. The roofs of the pavilions are to be covered fiat, surmounted with an open parapet, and the access to which will be easy by regular flights of stairs, and from which a sur vey of the entire Grounds can be had, presenting*a scene of rare beauty. The exterior finish will be of the bracketted style, and the roof having a good pro jection. Upon the ground floor, in one one of the pavillions, will be a refreshment saloon, and in the other, ladies’ retiring room. The space immediately in the centre will be occupied by a fountain.— An open corridor will connect first with the third floor of centre-building, pro tected by a ballustrade; and from this corridor, on the various floors, views may be had of the whole interior. This building is located nearly in the centre of the Grounds, and from its balconies and pavillions may be seen every object of in terest. Midway between it and the gener al exhibition building will be erected THE GRAND MUSIC PAVXLLION. This, structure will be a hexagon, its floor elevated seven feetjioff the ground, having below a massive moulded base, and the superstructure above richly or namented with festoons of traey between the columns, bracketts upon the angles, supporting a heavy projection; pendants from the facia, and ornamented cut bal lustrade. The roof is flat, with a hand some dome springing from the centre, surmounted with a harp and a gilded star, at a height of forty feet from the ground. THE DINING HALL will be fifty by one hundred and fifty feet, twenty feet high, conveniently loca ted, and partaking in general with the stylo of the other buildings. A double cot tage is to be erected near the dining hall, exclusively for the use of the ladies for a withdrawing room, wash room, toilet, &c. THE MACHINERY HALL. This important building will be fifty by one hundred and fifty feet in size, and is located remotely from the other buildings, so that the noisy hum and thrilling whirr of steam machinery may not'annoyjke visitor,and yet be accessible by a three minutes’ walk to every one in terested in the wonderful work of that modern Atlas—steam. THE REFRESHMENT SALOON. This practically and uniquely designed building is thirty-five by seventy-five feet, wi.h a pitch of nineteen feet, and may be styled the “Cottage Omee,” and with its gables, pediment, bracketed-hoods, and finials, presents not only a creditable THE STABLES. The stables—or which might more properly be called cottages—are models in that line. They are built upon a street sixty feet wide, each cottage having stalls for twelve to fifteen horses, and there are now built some six or eight of these buildings, all covered with shingles and provided with doors, locks, &c. No Fair Grounds in the Union can show a better arrangement for the proper care and ex hibition of valuable stock. OFFICES, ETC. In front of Premium Hall are the offices for the President, Executive Com mittee and other officials. This is a tastefully ornamented cottage, containing three spacious rooms. The gables are ornamented with fanciful designs, and the whole appearance of the building is one of extreme neatness and rare beauty. Thus we have endeavored to give a concise sketch and description of Central Park, the scene of the approaching State Fair of Georgia. Though our descrip tion be necessarily imperfect, it will, at least, convey an idea of tbe taste, good sense, energy and ambition of the citi zens of Macon displayed in the construc tion of their Fair Grounds. Macon can look with just pride upon this work of her skillful hands, as it will remain for generations to come a beauti ful monument to the liberality and pro gress of its enlightened citizens, under whose auspices the annual exhibitions of the wealth, industry and genius of Geor gia cannot fail to prosper and increase. We are under many obligations to Mayor Huff, the energetic and popular Chief-Magistrate of Macon, Mr. Wood ruff, the architect of the Central Park buildings, and Mr. Clay, the popular liv ery stable magnate of Macon, for special courtesies rendered by them in our in spection and description of the Central Park Fair Grounds. To these gentlemen the people of Georgia are greatly in debted for the successful manner in which this great work is being perfected. SUPREME COURT DECISIONS. South Carolina Railroad Company et al. vs. Henry H. Steiner et al.; injunction from Augusta. LOCHRANE, C. J. This case comes before the Court upon a bill of exceptions filed by both/the par ties to the judgment of the court below. The authorities of the city of Augusta entered into a contract with these various roads by which they permitted them the use of a certain street'known as Washing ton street, in Augusta, to run their cars to carry freight and passengers through that city along that street. Several of the property owners on the street brought suits, at common law, for damages against the railroad companies. This biil was filed by the companies in the nature of a bill of peace, to bring all the parties into a court of equity, and prays an injunc tion against them on the ground that they had no right of action, this permis sion having been first granted by the municipal authorities of the city, and afterwards ratified by the Legislature of the State, alleging that they were in the exercise of their legal rights, and such rights were not the subject matter of a suit for damages, inasmuch as the act of the Legislature ratifying the act of the authorities of the city of Augusta, in giving the railroads the right to this street, contained no provision for the assessment of damages for compensation. The court maintained the bill and re fused to dismiss it for want of equity, holding that it was in the nature of a bill of peace, and he could maintain jurisdic tion in it. The railroads excepted to his decision, on the ground that he held a right of action accrued to those parties. The others excepted on the ground that he had fettered their leg&l rights with this illegal condition he had imposed upon them. We hold from the facts disclosed by this record, That equity may take juris diction, by bill in the nature of a bill of peace, under section 3166 of the Code, and bring ail the parties, plaintiffs and defendants into the forum and adjust their several rights by one decretal ver dict, Ttnd the enquiry upon the trial of such case will not only cover past, but future damages, so as to estop all further or future litigation in or about the same subject matter, and operate upon com pliance with such verdict as a complete investure of the legal rights, free from further claim or damages to the railroads in their use of Washington street, Au gusta, for railroad purposes, within the legitimate scope of the legislative right granted to them. The controlling question made by this record, and upon which all others hinge, is whether the railroad companies are liable for damages to the holders of prop erty along Washington street, in the city of Augusta, by the use of the street by them for railroad purposes. This ques tion is one of vital importance in its con sequences, and in the adjudication of the principles involved in it. The previous decisions of this Court upon questions arising under the use of the street, by these railroad companies, relieves the question of many auxiliary subjects, and leaves it to be decided upon broad prin ciples of law. The fee to the street in question is conceded to be in the State. The city authorities of Augusta and the Legislature have granted this right to the railroad companies is equally ad mitted; that by reason of such legisla tion it is not a public nuisance has been determined by this Court; that the act of the Legislature makes no provision for compensation, or assessment of damages is a fact unquestioned. ° ; And the case therefore presents itself upon anakedlegal principle as to whether the use of a public street in an incorpo rated city, can be granted to railroads to run their cars over by steam power by the municipal authorities, and when ratified by the Legislature, will snch municipal and legislative permission prevent suits for damage against such roads by prop erty holders abutting on said street? . is the silence of such legislative act in regard to compensation a denial of the nght to claim damages at common law* The argument concedes that suit may be instituted for damages by the lot owners, if the use of the street by the railroads denies to such owners free ingress and egress to their property over and upon such streets. But, it is contended with great ability, aud upon a large array of authority, that in the absence of all statu tory provisions to that effect, no case, and certainly no principle, seems to jus tify the subjecting any person, natu ral or artificial, in the prudent pur suit of his own lawful business to the payment of consequential damages to oth er persons in their property or business. Red on Railways, 291—and in support of this proposition cases are relied on de cided by this Court. 28 Geo. 418, and 34 Geo. 327. The basis of these recog nized principles is, that where properly of the individual is not taken for the public use, the injury resulting from the legitimate exercise of a lawful employ ment, working injury, is damnum absque injuria. If the property were taken, the right to compensation cannot be denied, for it is constitutionally guaranteed, and the Legislature limited in that respect. A veiy delicate question arises upon con struction, as to whether there can be a t iking within the constitutional inkibi tion of rights and easements, which are a part of the necessary use, to the full enjoyment of the property, without com pensation. If the track lay upon an inch of ground belonging to another, it is so sacredly guarded that no power, State or national, could appropriate it. And yet, by the admission of the principle con tended for, a man maybe driven from his home and household gods. Trains freighted and driven by steam, with the gusts of thick smoke through his win dows and screaming along in front of his door, may affec this health and destroy his peaceful enjoyment of his property, and lie is remediless. Axe not these equiva lent in the construction of law to a taking. Cooley’s Const. Limitations, a work of great ability and entitled, from its thorough analysation of all the sub jects upon which it treats, to great con sideration, says: “any injury to the prop erty of an individual which deprives the owner of the ordinary use of it, is equiva lent to a taking, and entitles him to com pensation.” C. C. L. 554,14 Corns. 146 But the idea suggested is, that the Leg islature must have provided for the com pensation, our opinion of damages or mode of ascertainment. And, again, while the grant of the right by the Leg islature prevents the act done from being regarded a nuisance, we are of opinion it is not a logical or legal consequence of such grant, that it may not inflict injury or damage. The admission of the one is not the necessary exclusion of the other; and we, therefore, arrive at the conclu sion that when the State grants a right, the use of which works injury to another, and the law provides no mode of asses sing compensation for such an injury, the right of suit for damages, if any can be proved, as we will hereafter discuss, is not taken away by such law. Now, by contract, purchase of prop eity on Washington Street, acquired, by ownership, a right to the free use of it for all purposes, and it makes no differ ence where the fee to the highway re sided. The use is the subject matter of disturbance. It will not be doubted that a public street is for the use of the pub lie, and all obstructions thereon are trespasses in law, and in these days of progressive improvements, we ad mit the legality for public use of such streets, by laying an iron bar on them, to facilitate conveyance by permitting cars to run over them. The enlightened opinion of the world recognizes this ap propriate use; and we endorse the au thorities of Judges and Publicists on this subject. We need not pause to notice the growing tendency of Courts to shield Corporations from all prejudiced assaults through the forms of law. Monopolies are evidences of civilization, and invoke no captious criticism at my hands. But, after a careful review of the au thorities presented, I am not satisfied that the use of a public street in a city by steam power, is within the legitimate use of such street. I think the streets may be used, and bars laid upon them, and cars drawn over them by horses. But there is something in a locomotive poxcer, in throwing smoke into the houses along the street, its tremendous weight shaking houses and breaking plastering and walls; and in the noise and screeching of whis- tles, which, in the machinery employed, may make it the subject matter of injury, which the horse car, slowly driving along, would not occasion. It is not in the use of the street for cars, but the mode of use; and, as an original proposition, I gravely doubt the right of any power to take a street dedicated to public use for the citizens and convert it into a railroad track, without the consent of the prop erty-holders thereon where it comes as an obstacle to a great thoroughfare, and the law provides compensation. The right of eminent domain may be exer cised over houses or streets. But the Legislature of Georgia, in the grant of charters, never contemplated arbitrary going through towns upon the part of railroads. Nor can it be said that the citizen who buys property buys with knowledge, and by right cannot complain of the use of the street upon which it lies for any pub lic purpose, if Jjy such knowledge he is to be held as understanding, the power to make a railroad track of the street is contemplated. Such use is not ordinary; and when it is done by the Legislature, I am of opinion he has the right of suit left; that he is not shorn of hi3 right to complain and present his case to the Court and country. _ But on the trial the most difficult ques tion still remains to be disposed of—as to what elements of damage may be given in evidence. ° From the view I entertain on the sub ject, I am satisfied the the rule ought to embrace the actual damage sustained of any from obstruction to the free in 8*®*®? aE d egress, and access over and upon the streets—inasmuch as the law has allowed the use of the street by steam cars, the passage oyer the street would not be in itself an obstruction, while reasonably exercised; and the laying of the iron rail upon the street, though it may create ajoltincross- ing, would not be an element of damage, for it lies there by direction of the law. Nor would the apprehension of safety to children going out upon the street, nor the possiblity of sickness in families, or any fanciful or speculative disturbance constitute an element. The damage which the law recognizes must be actual, something tangible and determinable; and to arrive at this the occupation of the parties by which losses in scholars, or in trade, or the like have been occasioned, would not be legitimate; but the actual depreciation of the value of property would be proper, and this depreciation not only from questions of access upon the street, but the noise, smoke, shaking I of walls or plastering, and the like, ! which, can be traced as effect to cause.— ] In cases of this kind damages are not given for feelings of parties, or the; fact that carriages might be injured by runaway horses, or that visitors are pre vented from coming to the house, but mustiest upon some solid, tangible inju ry. All consideration of sentimental in juries must be kept away in evidence and in argument from the jury. . | We therefore affirm the judgment of j the Court below so far as he held jurisdic-1 tion in equity over the parties and sub ject matter, and enjoined the suit at law, | reversing the condition required to be filed in writing, aud give direction to the trial covering all the equities and rights of parties, and settling by one verdict and apportioning the damages found, if any, among the various Roads, and tho past and prospective claims of damage to be settled and the Roads have, from com pliance with such verdict, future indem nity. . . . We deliver the following written opinion as the opinion of the Court in this case: We hold, from the facts disclosed by this record, that equity may take juris diction by Bill in the nature <A a Bill of Peace under Section 3166 of this Code, and bring all the parties, plaintiffs and de fendants, into the Forum and adjust their equities and several rights by one decretal verdict, and the enquiry upon the trial of such case to cover not only past but future damages, so as to stop all future or fur ther litigation in or about the same sub ject matter, and operate as a complete investigation of the legal right free from further claim of damages to the Rail roads in their use of Washington street, Augusta, for railroad purposes by steam power, within the legitimate scope of the Legislative right granted to them upon their compliance with the verdict. Held, That the act of the municipal authorities, sanctioned by the Legisla ture, gives to the railroad companies the right to use the street in controversy; but the failure by the Legislature to provide for the assessment of damages, by way of compensation to the property owners on said street, does not take away the right of the party to his suit at law for dama ges under Sec. 2692 of the Code. Held again, That while the use of a public street may be granted to railroads to lay bars of iron on to run over with trains, without endamaging the street by obstructions or embankments, yet if the use of locomotives inflicts injury upon those who live on the street by throwing smoke through the bouses along the street, or by its weight shaking them or breaking the plastering, &e., and by the noise and screeching of whistles and engines the right to run over the street..does not make such acts harm less, and the injury inflicted upon the legal rights of the parties damnum absque injuria. Upon the trial the rule of evidence should be limited to actual damage. The right to the use of the street, with reasonable obstruction ir. the passage of trains, is permitted by lav/, and is not an element of damage, nor is the jolting over the iron rail an element, nor the apprehension of the safety of children, nor possibilities in cases of sick ness, nor any inconvenience to visitors not obstructing ingress or egress, nor any fanciful or speculative damages or senti mental injuries, are elements of damage. But the clamage which the law recognizes must be actual, tangible and determinable by proof, and the depreciation of the property, not only from obstructions to access, but by smoke, iujury to walls, &c., and traceable as effect from cause and the like, may be inquired into to form the total of the injury, Judgment affirmed, so far as equitable jurisdiction is sustained and the suits at law enjoined; reversing the condition re quired to be plead in writing. Judgment affirmed. WARNER, J., concurred. McKAY, J., dissented. Covington Dumas, Administrator, vs. F. S. Pepper—Equity. LOCHRANE, C. J. In a bill filed to enjoin an action of ejectant and for specific performance, it is not error to award the commencement and conclusion of such case upon the trial, to the complainant’s counsel. Where the proof show r s that the defen dant in the bill acted as agent of com plainant to purchase land, and that he had gone into the possession of the land at the time of the purchase, and the an swer filed denies the truth of the allega tions as to then* conclusiveness and effect, but admits substantially the charges, and the Court was not requested definitely to charge the jury what parts of the answer were responsive to the bill, it was not er ror in the Court not to charge the jury as to what parts are or are not responsive. Under the facts of this case the verdict for specific performance is sustained by the evidence, and we affirm the judg ment of the Court below, with the in struction to add interest thereto. Judgment affirmed with instructions. Edward McDonald vs. Jacob Davis—In junction. LOCHRANE, C. J. Where suit w'as brought upon account and set off pleaded, involving a multi plicity of items, originating in three years dealings between the parties and the de fendant, in such complaint filed his bill in equity to enforce specific performance in reference to a house and lot: Held, That while a court of law has concurrent jurisdiction with a court of equity in matters of account and will not be interfered with, unless for good rea sons, we think the reasons presented by the facts in this case were sufficient to sustain the judgment of the Court below. Where equity obtains jurisdiction, as in this case, for specific performance, it will keep jurisdiction over all the matters, un til full and. complete satisfaction is given to the parties. Under the Code compli cated and intricate accounts are properly matters of equity jurisdiction, w’here, by the aid of a master or auditor, the hear ing may be facilitated. Judgment affirmed. C. L. Mathews vs. Catharine Castleberry —Ejectant. LOCHRANE, C. J. Where, upon the trial of an issue formed under Section 2670 of the Code, relative to the genuineness of a deed, the instrument in issue was over thirty years old at the time of the trial and come from the proper custody, with possession un der it accordingly, and bearing upon its face evidence of its genuineness: Held, That such, instrument proved itself and did not need evidence of its signatures, and the issue raised under said Section of the Code does not apply to sucli instrument, and the verdict of the jury sustaining it is in accordance with law. Where, after the finding of such issue the cause proceeded to the jury and the defendant shows that the deceased pm- chase 1 the land in 1850, aud that he went into possession in 1851, aud had exercised acts of dominion over it until his death such as cutting timber and erectin'* Val’ uable Improvements thereon u ° death in 1S65. Held, that the proof of possession was consistent with the verdict of the jm-v setting up a statutory title with a claim Judgmeut affirmed. L. B.^Miller, et al., vs. W. Jordan, Guar diau. LOCHRANE, C. J. Where a verdict and a decree was had between the parties which was brought by writ of error to this Court, and the judgment of reversal upon the remittitur of this Court was upon notice tortke par ties, made part of the decree in tffe Court below, and a motion was made to set aside such order, which was overruled Held, that the effect of the reversal bv this Court of the judgment of the Court below, based upon a verdict of a jury waa to grant a new trial, and it was error to abridge the rights of the parties to this case upon a motion. Judgment reversed. Gilbert and Yason vs. Seymour, Johnson & Co—Commercial Law. LOCHRANE, C. J. The defendants were sued as drawers and endorsers on a draft not payable at any chartered bank. Two questions were made and decided by the Court below First, whether the defendants were enti tled to action to make them liable as en dorsers. Second, whether the defendants were discharged as endorsers by the fail ure of the holder to give reasonable no tice of the non-payment of the draft by the drawee. The Court decided that no tice was not necessary, to which decision the defendants excepted. Held, that under the provisions of the revised Code of this State, the endorsers of this bill were not entitled to notice of non-payment or non-acceptance to charge them as endorsers under Section 2739 of the Code. In our opinion there was no error in the Court below in overruling the motion for a new trial on either ques tion in this bill of exceptions. Judgment affirmed. The Atlantic & Gulf R. R. Company vs. Thomas Mann—Arbitration. McKAY, J. Where one who owned land fronting on a street in Bainbridge, and the At lantic & Gulf Railroad Company submit ted to arbitration under the compensation clause of the charter, the question of how much damages the lot-owner had receiv ed by tho building of said road through said street; and it appeared that the road had authority from the State to run from point to point, which would carry it tbropgh this place; and had authority from the city authorities to run through said street; and it further appeared that in laet the road had not used the street, but had gone through on private prop erty. Held, That the Court erred in holding that the road had no authority to use the street; and in holding that the road was estopped by its submission to offer proof; that in fact the street was not occupied. Judgment reversed. D. B. Harrell vs. HenryJG. Feagan—Rule vs. Sheriff’—Levy on partnership assets. McKAY, J. Where certain lands were levied on as the property of defendant in fi fa, and he filed an affidavit of illegality, stating that the lands were the property of a partner ship company, of which he was a mem ber; and also filed a claim in the name of tho partnership to the lands. Held, Under the Code, the assets of a partnership, including lands, as well as personal property, are not subject to levy aud sale under a judgment against one of the partners. His interest must be reached by process of garnishment against the firm; and the Sher iff was not guilty of a contempt in Court in receiv ing the affidavit and claim, aud staying the proceedings. Judgment reversed. Jas. O. Dennington vs. E. U. Dovglas— For use of Carrier. McKAY, J. In a suit upon a note, payable to A only, and the suit was in the name of A, for the use of B. Held that C, who was the true owner of the note, and who con trolled the case, might make the affidavit that all legal taxes due on the note had been paid, sis required by the act of Oc tober 13, 1870. Second. It was proper on C’s applica tion to permit the declaration to be amended by stricking out B’s name as usee and inserting the name of C. Judgment reversed. W. A. Ramson vs. H. M. Jenkins—Re lief Act of 1870. McKAY, J. An affidavit was filed by the plaintiff in a pending suit on a debt contracted be fore June 1st, 1865; which affidavit states that all legal taxes chargeable by law on the debt have been paid for each year, since the making of the jjebt. Held that this is a ..substantial compliance with the act of October 13, 1870, though the word “ duly” is omitted. Judgment reversed. B. O. Keaton, Adm’r vs Jno. B. Milli gan—Arbitration and award. WARNER, J. Held that the award was conclusive as to all matters submitted to the arbitra tors, but it is doubtful, from the terms of the submission whether certain mat ters were submitted and passed upon by the arbitrators, the Court should have ad mitted the evidence as to the facts of the case and then have charged the jury as to the law applicable thereto. Held also that it is competent for the defendant to have shown on the trial that the plaintiff had not complied with the terms of the award in turning over all the property which he pretended to have purchased, and which the award author ized he defendant to deduct, inasmuch as the could not have impeached the award, but merely have shown a non- compliance therewith on the part of the defendant. Judgment. reversed. ‘E. McDonald & Co. vs. H. G. Feagan, Sheriff—Rule vs. Sheriff. WARNER, J. This was a rule against the Sheriff, calling on him to show cause why he had not made the money on certain distress warrants placed in his hands, issued by a J.~P. to enforce a factor’s lien, under 1977th Section of the Code, the amount of each being less than $100. The Court refused to grant a rale vs. the Sheriff', on the ground that the Superior Court haa [Continued on Page 7.]