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About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (Jan. 6, 1869)
THE WEEKLY OONSTITUNTIOALIST WEDNESDAY MORNING, JAN. 6, 1569. THE OLD AND THE NEW. The recent war met our Southern people on the full tide of material prosperity. Often stigmatized by their Northern asso ciates, as wanting in some of the essential elements of manhood, enterprise, persist ence, energy, and fitted mainly for a life of luxurious indolence, yet the statistics and the records of the country had already proven the contrary. With a smaller popu lation, our exports largely exceeded those of the other section. Our efforts in the de partments of internal Improvements, manu factures, and commerce, were beginning to move pari passu with successful agricul ture. Our intellectual vigor and force of will were admitted on another arena : and on that arena, and elsewhere, our adminis trative ability had eminently shone. Capital and labor, constituting for a long period the vexed question of the world, had been united among us, and blended harmouiouslv into the most effective system of labor yet devised by man. Indeed, our race every where, with increasing stride, was res;ject ably maintained, in competition for the re wards and the renown of national greatness. But the genius of discord lighted her torch, and the promises of the future were for a period dissipated or destroyed. The war ravaged our people and desolated our fields. The besom of fire and sword swept over our altars and our firesides. Our social structure was upheaved aud mea surably inverted. Our industrial institu tion, with its admirable checks and bal ances, was overthrown. On the cessation of hostilities, with these disastrous conse quences, the general mind became stunned and confused. The public arm was, for the moment, paralysed. Nine thousand millions of dollars of propeity had been suddenly and violently wrested from an essentially agricultural people. Credit was greatly impaired, in most instances had perished. Labor was scattered to the four winds, and its creatures, made the victims of nil?- • placed benevolence or wild fanaticism—as their employer was the victim of political rancor—died of disease, of destitution and j of excesses. Amid the wrecks of fortunes, famine too, stalked abroad. And plunged into the straits of poverty, there was, wi<i very many, a hard struggle for the mites of mere subsistence. For a season, it really seemed that “ chaos had come again.” Since these events, there supervened three years of political thraldrom and political despondency. But with the prospect of re lease from the worst features of the servi tude—like living death to a proud race of hereditary freemen —thediigh spirit of our people has revived and rebounded. The wheels of industry are again in motion. The anvil and the loom are again in active use. The sails of commerce are ohce more spread. And the great lever in human affairs —the enricher—we may say tha civil izer and benefactor, the symbolic plow, is again grasped with vigorous hand. Al ready our exports are estimated in large proportionate value of those of the entire country. If cotton were ever King, and were ever dethroned, it appears that he prom ises to resume his crown and sceptre. The world seems prepared to acknowledge our supremacy in its production; a large crop in India, being accompanied or followed by a famine, and the decline from war prices turning Egypt again to the cultiva tion of the cereals. And with the full comprehension and appreciation of our altered situation and circumstances, and the adaptation of a judicious system of labor to meet their necessities, this su premacy will probably be established for ages to come. The spirit of invention is rife among us. New or improved imple ments and labor-saving machines are being brought into practical use. The discovery of natural deposits, of phosphates and other minerals, opens a wide field for the application of science and industry, and . indicates the Providential bestowal on our worn and wasted fields, of cheap and abundant fertilizers. The young manhood of the land, formerly wedded by vanity or sloth, to the professions, called per eminence, the learned, will catch a spark of the pervading energy, and with uprolled sleeve and active brain, add to the accumulations of profitable labor. The most suspicions sign of the times Is manifested in the pursuits of agriculture. The activity and intelligence directed to high culture have made the yield of a bale of cotton to the acre not uncommon, and have shown, in several instances, to be greatly multiplied, that three hales per acre are within the easy capability of the soil. Wheat on indifferent land has made the handsome return of more than forty bushels per acre. Other valuable products will be as readily increased. All foretelling a new era at the South ; the approaching con dition of comfort, contentment, prosperity at home and respect abroad; of pressing energy in all the other affairs of life, indeed, In all the processes of human civilization. For the tillage of the soil is the foundation stone upon which rest all the edifices of man. And while supplying paJmhim in one form or another to his multifarious avocations, to the industrious and intelli gent husbandman it confers inestimable benefits in his physical, mental and moral relations, and insures to him the loftiest independence. A scion of true nobility— his calling the noblest of all—he rests on his mother earth and looks for his wants— the genial sunshine, the fertilizing shower, the Spring-time, and the harvest—alone to his beneficent Creator. [communicated.] Book Farming. Some good, honest and successful ’ farm ers are like lawyers, or act like them at least in one respect. What they kpow they keep to themselves; as though theft opin- ions and knowledge were for sale. Plant ers are always finding out something. One who observes and thinks, learns some new dots with every crop he makes. Some times one tries a new plow; another makes an experiment with manures; a third finds away to cure disease among his hogs or mules; a fourth gets hold of some new seed of corn, cotton or oats; and maybe another still learns an easy way to save his meat nicely. One fails in his exnerl ment or test, and another succeeds. The new plow may be a good tool, the new seed of corn or oats may prove worthless. Ex perience is the teacher of each one in the thing he tries. A failure is as good as a success so far as information goes, for each is valuable. Now, if you know what will cure cholera among my hogs and I know what is an easy remedy for disease among your cattle; or if you find out away to ■ cultivate cotton that is a good way, and I try another way of working corn and find it is a bad way, is not all this knowledge good for both you and me to have ? And ought we not to exchange ideas and each give to the other the benefit of his expe rience ? Every planter will say yes, of course. Our knowledge in the matter of farming is not for sale; we freely tell all we know. Well, this is the theory, but it iis not the practice. If one planter sits ■ down at home at night and writes out his ! experiment and the result of it, that he may ‘ give it publicly to all, by publishing it in a I paper, the others often cry out, that is I “book farming,” and not a word of it ever ' was true. An old gentleman - who had planted many j years with success, refused very bluntly i When he was asked to join a club in sub j scribing for the Cultivator. “ I can make bet i ter crops than the editor’’ said he, “ and i dont believe a word I see in the paper about farming.” And then he went on to tell how it was he raised the fine crops of potatoes for which his place was noted. A friend who heard him observed and reported his method of cultivation, and, soon after our good man saw his whole system in print in the Culticator, to his great surprise. He happily became convinced that occasionally at least “ book farming” might be correct, but to this day, though he reads and thinks much upon his business, he is ignorant of the manner in which his potato culture got to be “ in the books?’ An agricultural paper, in these days, is the only reliable medium through wliich planters can exchange their ideas, report their experiments and give to each other the benefits of experience. A wise man, it is said, profits by the experience of others, and a fool only by his own. The prejudice that exists in the minds of many worthy people against such papers, and against all that they call book-farming, arises only ■ from a misconception of the purpose these papers are designed to accomplish. They are simply reports and discussions upon subjects connected with agriculture, which cannot fail to interest and profit those who read them. One who appreciates properly the dignity of the labor in which he is en gaged will be proud to see it extending in importance to be one of the foremost topics of the literature of the day. It should be the pride of every one who tills the soil to attain knowledge, and also to contribute himself to the general fund. The least item of value that he possesses contributed to an agricultural paper becomes public prop erty, and will be what he now calls “book farming” as was the case with our old friend’s system of potato growing. These papers then became depositories in which are accumulated the experience and infor mation of many minds, valuable beyond price to one who cares to learn his busi ness. We shall l?e proud to see the day when “ book farming” as now contained in the records of agricultural clubs and papers, shall be generally appreciat ed in our country, and planters become themselves desirous of creating a literature for their profession, instead of placing it below the level of literature by decrying whatever such enterprise as is begun for its improvement. This will be the case when every one desires to learn the ex perience of others, and give in return the benefits of his own, through well sustained publications such as we now have, and which should be found at every farm house in the South. Christopher. [From the Memphis Avalanche. True Policy of Cotton Planters. In the year 1866 the cotton crop was equally as large as it is this year, and the most of the crop of that year was sold for twenty five cents a pound, or upward.— Notwithstanding these facts there was great distress among Southern planters the foLowing year. What was the cause ? It was the result of not having raised in the South, during the year 1866, a sufficiency of provisions to sustain the plantations. Corn was bought, daring the year 1867, by the planters, at from one dollar and fifov cents to two dollars per bushel, and bacon at twenty-five cents per pound. Although the Crop of this year is selling for less than did the crop of i 866, and probably will not exceed the crop of that year in bales, ye u the farmers are in a much better condition, because they have but few supplies of bread and meat to purchase. If the people of the South would raise all their own breadstuff’s, supplies of meat, and their own mares, mules and cattle, which they might easily do, they could better afford to raise cotton at fifteen cents per pound than they could to raise at twenty-five or thirty cents per pound and have all these things to buy. Wisdom requires ns first to raise our supplies, and that in great abund ance, and then we can afford to raise cotton ' and risk the price. Cotton should be our permanent capital, and none of it ought to be required to purchase supplies. If a plant er raises and sells ten thousand dollars worth of cotton, and has to pay for horses, mules, corn, fodder and meat ten thousand dollars, it is evident he has made nothing clear; but if the saint farmer the next year should raise and s"l only five thousand dollars worth of cotton, and in addition all his Applies, he would make five thousand dollars more than he did the year before.— The agricultural reports oif the United States Government of this year show that mqph greater net average ip value has been made upon many other articles thin cotton, when we take Into consideration the cost of producing the various articles. No country which relies alone on one staple, whether that be wheat, corn or cotton, can ever become wealthy. Variety in produc tions is the real secret of agricultural wealth. Let our farmers remember that it is not the high price of cotton that Is now enriching them, but it is the abundant sup ply of provisions. It is a remarkable fact that the stock raising and provision grow ing countries, even before the war, were much more prosperous than those which were devoted exclusively to cotton and sugar growing. It is even more so now. Fences or No Fences.— A friend came to us a few days ago with a request that we would continue to agitate the question of dispensing with boundary fences in the agricultural regions of Georgia. It is a proposition we have repeatedly made, and •we have no doubt that in a few years this policy will be generally adopted in the South. Continental Europe has maintained ii. so ■ centuries. She has no wood to waste in fencing—nor land to waste in hedging. A narrow and generally a dry ditch di vides the lands of different proprietors, and no stock is suffered to go at large. This policy has also been largely adopted in Virginia since the war. The country having been denuded, as to some parts of it, alike of fencing and timber, there was no other available resourse left except to keep stock up and dispense with fencing cultivated lands. Virginia, we learn, adopted a statute leaving it. optional with each county to adopt or reject the new system ; but it has been generally adopted by all those counties which were seriously devastated of timber and fencing by army operations. It needs no prophet to foretell tha'; nltl nntely the wnole Southern country will be forced, as a matter of economy, to follow suit. The enormous waste of timber con tinually going on in this section must, in time, render it so valuable as to preclude any such consumption of it in fencing as is now universal. Putting wood at two dollars a cord, (and there are not many places in Georgia where cut and split wood is not worth two dol ’avs,) it will be very close work whicli will pat up a mile of ten rail fencing at a less cost than about $450. A mile will fence, say a field of seventy-five acres, and the fence will ordinarily need renewal in this part of Georgia in every six to eight years. These figures will show the cost our far mers are at to provide their stock with poor outside range, and show its want of economy. Many people believe that the arnual cost of fencing in most of our agricultural countries is above the average yearly value of the stock raised in those counties. B This is one of those subjects which well merit attention and discussion, and such close inquiry into all its bearings as will demonstrate the true economy to be adopted in relation to it.— Macon Telegraph. A Word About Cooking.—Cooking is not merely “ the art of providing dainty bits to fatten out the ribs,” as the scornful old proverb has it; it is the art of turning every morsel to the best use ; it is the exer cise of skill, thought, ingenuity, to make every morsel of food yield the utmost nourishment and pleasure of which it is capable. To do thisjor to legislate for the doing of it, does not depend on the amount of money spent; the same qualities of character are Remanded whether the house keeping be on a large or small scale. A woman who is not essentially kind hearted cannot be a comfortable house keeper ; a u oman who has not judgment, firmness, forethought, and. general good# sense, cannot manage her house prudently or comfortably, no matter what amount of money she may have at her command ; a woman who has not an eye for detecting and remedying disorderliness and careless ness, cannot keep her house fresh and pleasant, no matter how much money she may spend on furniture and upholstery. It is not money, but management, that is the great requisite in procuring comfort in household arrangements. Os course nobody asks impossibilities; none but the Jews ever yet succeeded in “ making bricks without straw,” and even they found it difficult, and lamented wearily; but the woman with limited means may make her things as perfect after their kind as the woman with ample means, only she will be obliged to put more of herself into the management, and that element of per sonality has a charm which no appoint ments made through the best servants can possess—it is a luxury that money cannot buy, and generally hinders. The luxury of completeness must always depend on the individual care and skill of the mistress.— That a thing should be perfect after its kind is all that can be required. Bacon and venison lie at the opposite ends of the economical scale; but if the woman whose means allow her to procure bacon only is careful to have it so dressed and served that it is as good as bacon ought to be, she has attained the only perfection re quired at her hands; and it is the higher qualities brought to bear on a common action which gives to the result a beauty and value not its own. We are all so much creatures of imagination, that we think more of the' signified than of the actual fact. When a man sees his table nicely set out, he believes in the goodness of his din ner in away that would be impossible with a slovenly arrangement.— Rural American. Secrets of Cheap Pork.—An exchange gives the following sensible items as the principal secrets of pork raising: First, k good breed.; —You may stuff any of the land pikes with any quanity of corn, and he will not fatten. Suffolks, Chester White, or g-ades of any pure breed, will show their keeping. Second. Good housing. A pig w ants a nice, clean, dry pen to sleep in.— The yard may have muck and plenty of litter for manure making, but the pen, or sleeoing apartment, should be warm and well strawed. Third. Early fattening.— Pork is made much more economically in warm weather than in cold. Fourth. A variety of food. If cooked Indian meal is the staple, let it be varied with green food while it lasts, cornstalks,*weeds, purslane, and clover, and in Winter feed enough cab bage and roots to keep the bowels in good condition. Fifth. Regular feeding, three times a day. A fattening pig should never squeal, and he will not if he always finds his food ready at the regular time. Calculate to have your pork worth no more and per il''ps a little less than the feed costs, and look for all your profits in the grand heap of rich manure which the dying porker leaves as a legacy. These secrets make cheap pork in our pen, even at the present price of corn. Preserving Meat.—At the recent pub lic meeting of the Massachusetts Board of Agriculture at Amherst, in that State, Prof. John Gamgee, of the Royal Veterinary Col lege of London, read a paper on “ The Pre servation and the Putrefaction of Meats,” and the analogous one of the production of vermin, such as maggots, &c., in animal flesh, living or dead. He did not favor the idea of spontaneous generation. The theory that putrefactive germs existed both in the flesh in the atmosphere, was ad vanced, Hence the process of salting of boiling has the effect to destroy these germs. After discussing the various methods heretofore employed In meat preservation, he described what he called the “charcoal process,” which consisted of the applica tion of charcoal mixed with slxty-flve times its weight in sulphuric acid. This process required only twenty-five days. A leg of beef preserved in this way had been cut from for steaks at different periods dur ing the lapse of two months, and had been used at the Fifth Avenue Hotel, with per fect satisfaction. The cost of preserving a bullock in this way could not exceed a dollar, and of a sheep not more than ten cents. Indeed, half these sums he thought would be sufficient. Meat packed in this way had been eaten ami pronounced ex cellent in every climate in the world.— The importance of this discovery, and its advantages over other processes that have been in use, were set forth at length with much force and eloquence. Hon.M. P. Wilder endorsed the remarks of the essayist, and said that he and others had tested a leg of mutton preserved in this way at the Parker House in Boston and pronounced it equal to the best fresh mutton.— Tice People. Receipt for Curing Meat.—To one gallon of water, take one and a half pounds of salt, one-half pound of sugar, one-half ounce of saltpetre, one-half ounce potash. In this ratio the pickle to be Increased to any quantity desired. Let these be boiled j together, until all the dirt from the sugar i rises to the top and is skimmed off. Then throw it into a tub to cool, and when cold, pour it ever your beef or pork, to remain the usual time, say four or five weeks. The meat must be well covered with pickle, and should not be poured down for at least two days after killing, during which time it should be slightly sprinkled with pow dered saltpetre, which removes all the sur face blood, &c,, leaving the meat fresh and clean. Some omit boiling the pickle, and find it to answer well; though the opera tion of boiling purifies the pickle by throw ing off the dirt always to be found in salt or sugar. If this receipt is properly tried, it will never be abandoned. There is none that surpasses it, if so good. [ Germant non Telegraph. Wintering Sheep.—The Ohio Farmer thinks it poor economy to neglect the sheep in early Winter, and that wintering them to make them live only, is not attended with profit, let prices rule high or low. While the sheep is thriving, the wool grows rapidly; when the sheep is declining the growth is checked. If kept fat through the season a large fleece is shown, if thin, a light one. The Farmer also thinks it is not the large quantity of grain given sheep that makes them do well, but givir g it at the right time, and that a gill of com or oats per day from the middle of November until April, would be better than a pint per day from January to June. The Planet Mars.—lt appears then from the searching scrutiny of the spectro scope, that the planet has an atmosphere am’ that that atmosphere most probably re sembles our own in general constitution.— Combining this evidence with that which we already possess of the presence of water I in its liquid, vaporous, and solid states upon the surface, and with the certainty that the red tint of the parts of the planet is due to a real ruddiness of substance (correspoding to the tint of certain soils upon our own earth,) we cannot but recognise the extreme probability that in all essential habitudes the planet Mars resembles our own earth. . One circumstance may at first excite sur prise, namely, the fact that in a planet so much farther from the sun than our earth there should exist so close a respects clima tic relations. But if we consider the results of Tyndall’s researches on the radiation of heat, and remember that a very moderate increase in the quantity of certain vapors present in our atmosphere would suffice to render the climate of the earth intolerable though excess of heat (just as glass walls cause a hot-house to be an oven long after the sun has set,) we shall not fail to see that Mars may readily be compensated by a cor responding arrangement for his increased distance from the vivifying centre of the solar system.— Fraser's Magazine. The Wrong Word. —Richard Grant White is responsible for the following: Why women will call their first under garment a chemise is not easy to under stand. Chemise means merely shirt, and nothing else; and its meaning is not changed or its sound improved when it is pronounced shimmy. Shirt is the original English name for this garment as well as the corre sponding garment of men. See the follow ing passage from Gower: “Jason bis clothes on him cast, And made him redy right an on, And she her sherte did npon, And cast on her a mantle close, Withoute more, and arose ” But women wishing, as well they might, to distinguish this part of their dress from that of a man, called it very properly, a shift. See Johnson’s Dictionary. Smock is much better than chemise, and has, like shift, the support of long usage by the best speakers and writers. I have heard an English woman of high rank, and of unimpeachable propriety of conduct, speak of her smock just as frankly and simply as she would speak of her shoe or her bonnet. If a woman wishes to say that she wears a shirt, let her say so; she says nothing else when she speaks of her chemise. Daylight begins to appear thiough the Hoo eae Tunnel. On Thursday afternoon, the Gov ernor and Council of Massachusetts signed a contract with Shanly Brothers, of Canada, for its completion. The contractors agreetocom plete the tunnel, and lay down four and three quarter miles of substantial railway track though it, for four million five hundred and ! ninety-two thousand dollars. They agree to I commence operations at once with energy, and ' by the first day of May next to deepen the cen- ! tral shaft fourteen inches per day, and to ad- j vanee from the east and west faces two bun- ! dred and fifty feet per month. They engage to I carry down the central shaft to the base of the ■ tunnel by May 1, 1870, and thereafter to ad vance from four faces the full-sized tunnel at i the rate of four thousand nine hundred feet i per year. At this rate of progress they would • complete the enterprise in less than four years, ■ but. as a safeguard against all casualties, they; are allowed a year more for the completion. They expect, however, to complete, the under taking two years within the time prescribed by status. . i«— i « Here is another explanation of the origin of the term “Backer,” as applied to the inhabit ants of Illinois: Employment was formerly given at the Galena lead mines for many men and all the teams that could be procured, to haul ore from the shaft to the furnace, and thence to the river tor shipment to St. Louis. Men with their teams came from different parts of the State, from far below Springfield, and even from the Wabash, in Indiana. When Winter came and navigation closed, and work at the mines ceased, the men returned with their teams to their homes to spend the Win ter, and in the Spring again drove to the mines and resumed work. Tlie same habit was followed year after year, and from its re semblance to the migration of sucker fish which go up the river in the Spring, and re turn in the Fall, this class of people were styled “ Suckers,” and in time this name was given the people of the State. ; I Decisions of the Supreme Court of Georgia. Delivered at Atlanta, December 22,1868. FURNISHED BY N. 3. HAMMOND, supreme court REPORTER, EXPRESSLY FOR THE ATLANTA CONSTITUTION. The Georgia Railroad) Banking Company. ( Assumpsit— vs. f From Richmond. F. M. Eddleman, et. al. J This case was argued with Miller vs. Gould, and is controlled by it. Judgment affirmed. Johnson and Montgomery for plaintiffs in error. H. W. Hilliard for defendant In error. J. Percy Green, et. al. t vt (Equity—from Whit- James H. Lowry. \ field. Brows, C. J. I. An obligation was given by J. Percy Green to Lowry in February, 1865, for $2,500 in Con federate Treasury notes, for the board of his three sisters while he was absent in the army, when one dollar in gold was worth forty-six dollars in Confederate notes. On the 18th November, 1865, before the ordinance of the constitution for scaling Confederate contracts could have been well understood by the de fendants, said Green, who was inexperienced, and his sister Julia just of age, who boirded with Lcwfy, and was under his protection, till about the time it was given, executed a note, payable one day after date, for $450, which was to be in lieu of the obligation of Green for the $2,500 Confederate note; which the makers charge was given in that shape, on the fraudu lent representation and false promises of Lowry, that they should have two or three years within which to pay it, and that he hav ing taken advantage of their inexperience and of their ignorance of their legal rights, in ob taining the note, brought suit on it in a short time. Held, That the court erred in refusing to allow evidence tending to prove these facts to go to the jury, and in ordering a verdict for the plaintiff for the amount called lor by the face of the note. 2. The note having been executed at a time when the parties did not know it was necessa ry to place a revenue stamp upon it, and on the fact being ascertained, said Green having voluntarily placed the necessary stamp on tbe note, and again delivered it to the payee, where by the Government received the revenue to which it was entitled, Green will not now be allowed to controvert the fact that the note was legally stamped. Judgment reversed. McCutchin and Shewmake for plaintiff in error. W. K. Moore for defendant in error. W. W, Whitlock, et. al. ) Eqnity^frOm Jane Vaun, et. al. $ Thomas. Brown, C. J. By the third item of tbe will of A. V. he gave to his wife during her widowhood, certain negroes and other personal property, and about five hundred and twenty acres of land, known as his ‘ Home Place.” In case of her marriage the negroes were to be divided into three lots —she to take one, and his two youngest sons, each one share, and his said two sons to take the balance of tbe property in said third item, including the “ Home Place,” which was to be held by their guardian till they were of age. Testator afterwards sold tbe “ Home Place ” to K. for SIO,OOO and took notes and gave bond fo'titles. After tiiis sale he added a codicil to his will, in which he expresses his purpose to give direction to a “ certain fund that he shall have,” and recites the tacts of the sale of the “Home Place” for SIO,OOO, and directs that “ said sum of money ” be reinvested by his executors in a plantation for tbe use of his wife during her life or widowhood, and if she should marry again, said plantation to go to bis two youngest sons, as set forth in the third and fourth items of his will. He afterwards col lected $2,500 of the purchase money, which he used, and soon after died. The balance of the purchase money has never been paid, the title to tbe “ Home Place ” ‘remains in the estate, aud K. tbe purchaser, is insolvent: Held, that there was an ademption of the specific legacy to the extent of the $2,500 col* lected and used by the testator before his death, and as there is nothing for the codicil to act upon till the purchase money due at bis death (which is tbe “certain fund ” that was the object of jt) is collected, tbe codicil, made under a mistake, did not revoke the will, as to the home place ; and that the widow and tbe two youngest sons take it under the third item of the will. But should the purchaser at a fu ture time pay the balance of the purchase money and interest, and compel a conveyance of the land, the codicil will then attach to the fund, when so paid in, and it will be the duty of the executors to invest it in a plantation for the widow and children, as directed in said codicil. Judgment reversed. A. B. Wright, J. L- Seward and William Dougherty for plaintiffs in error. A. D. Mclntyre for defendant in error. Miles G. Dobbins, h vs. £ Equity— from Chatham. A. Porter, et. al. j McCay, J. Where a bank made an assignment of its as sets for tbe benefit of its creditors, and a large portion of the assets was in money at a market value, and a creditor, nearly twelve months after the assignment, filed a creditor’s bill, charging that six months after the assignment, and again shortly before the filing of the bill, he had demanded his share of the cash assets from the assignees and they had refused to pay him unless he would release the bank from the whoje of his claim, and tbe bill prayed an ac count : Held, that the bill was not demurra ble. It there was complication as cause for further delay, it ought to be set up byway of defense, it cannot be assumed. Judgment re versed. W. Dougherty for plaintiff in error. Jackson, Lawton and Bessenger for defend ant in error. The Mayor and Aidermen ) of Savannah [Case—from Chat- vs. f ham. Miles D. Cullens and wife. J McCay, J. A municipal corporation, the owner of a market, the stalls of which it rente, is bound to keep the pavement in front of the stalls in a safe condition, and if a citizen of the corpora tion is injured, through a neglect of his duty by the officers of the corporation, the corpora tion is liable to the extent of the injury receiv ed. Judgment affirmed. s E. J. Hardtft, by the Reporter, for plaintiffs in error. Thos. E. Loyd for defendants in error. J. J. Pierce j vs. [Equity—from Thomas Morgan, Survivor, of f Richmond. E. M. Bruce & Co. J McCay, J. Equity will not entertain jurisdiction for a tort, as such, except to prevent it. When A, a warehouseman, files a bill against B and C, partners, also warehousemen, alleging that they, as factors for D, had, in conjunction with D, illegally got possession of certain cot ton which bad been stored with A by various parties, and had removed it out of the State, to be sold on D’s account, and prayed that B and C be enjoined from paying the proceeds to D, aud that they be decreed to account to A for the value of the cotton. Held, that this a bill for account and that the true owners of the cotton, A’s principals, ought to be made par ties to the bill. 2. Equity requires all parties at interest within the jurisdiction to be parties to a bill.->- When a bill is filed against B and C, partners, who are both served aud answer, the bill pray ing an account, and one of the partners dies : Held, that his personal representatives must be made parties to the bill, unless it affirma tively appears that he died non resident, and that there are no effects in the State in which his estate has an interest. When a bill is filed against a partnership, and after both have answered, one of the firm dies, it is not error to permit, before parties are made, an amendment correcting a misno mer as to the Christian name of the deceased partner. When a suggestion is made of the death of the party and entered on the Judge’s docket, it is not error, even after judgment, to allow the entry to be made, nunc pro tunc,' on' the min- S e thei t e?k On,ythe COrreHion ot the neglect It is the duty of the clerk to transcribe into the minutes all the entries on the Judge’s docket, showing action in the cause, when tbe action does not otherwise appear on the min utes. Judgment affirmed. Walton & Shewmake lor p] dntiff iff error. Johnson & Montgomery for defendant in error. Alexander Dunn j vs. S Equity—from Chatham. Harriet Bryan. ) Brown, C. J. John Waters died testate, leaving three daughters. By the eleventh item of his will he directed that the residue of bis estate, after tbe payment of debts, and for certain improve ments, to be invested in bank stock, nnd that bis executors hold it In trust for the equal use and benefit of bis daughters aforesaid, during their respective fives, and after their deaths, then in trust for the use of the children of hia said daughters, and if either of his daughters died without issue, her share to go to her sis ters, and if either died leaving issue, her share to go to her issue. One of the daughters died without issue. Another died leaving one child, the wife of the plaintiff in error ; tbe third is still in life. Ruled, that the three daughters were tenants in common under this item of the will, and that the two survivors took the share of the sister who died without issue, equally, in fee simple, and upon the death of the sec ond sister, her daughter took her share in like manner, and became a tenant in common with tbe surviving daughter of the testator. Judg ment reversed. Hartridge & Chisolm, T. E. Loyd for plain tiff in error. T. M. Norwood for defendant in error. Wm. J. Vaibn , vs , (Certiorari— from Rich- The City of Augusta. S The statute of 15th February, 1856, enacts that the City Council of Augusta shall be nnd they are hereby authorized to elect an officer to be known as Recorder, in whom they may vest exclusive jurisdiction of all violations of these ordinances, etc. Tbe act also provides that said Recorder shall be elected and hold his office for the term of two years, shall take an oath before the Mayor well and truly to dis charge the duties of his office, etc.; Held that the object of this act was to promote good government and order in the city, and that it was the duty of the Council to elect a Record er ; and that it was clearly the intention of the Legislature that the office of Mayor and the office of Recorder should be separate and distinct offices, filled by different persons, one of whom is required to take the oath of office before the other; and that the provision in the statute which authorizes the City Council or Mayor, in the absence of the Recorder, to ap point one of their body to preside in the Re corder’s Court, contemplates the temporary absence of the Recorder, and docs not author ize the City Council to abolish the office of Recorder and direct tbe Mayor permanently to act as Recorder. 2. The City Council of Augusta have power to establish By-Laws Rules and Ordinance as shall appear to them requisite and necessary for the security, welfare and convenience of the city, or for preserving peace, order and good government within the same, not repugnant to tbe Constitution and laws of the land. 3. Any person who shall erect or continue (after notice, to abate) any nuisance which tends to annoy the community or injure the health of the citizens in general, or to corrupt the public morals, is liable to indictment under the penal code of this State. The legal offense of continuing a nuisance is not complete be fore notice to abate. And until the notice is given, and the legal offense is complete, the city authorities have power, as -a police regula tion, to punish for the continuance of such nuisarce, ns would subject the offender to in dictment after notice to rtbrtte. But when the offense is complete, they have only the power to bind over the offender to the proper court to answer for the offense. 4. A landlord who has leased premises of a tenant is not liable for a nuisance maintained upon< tbe premises by a tenant during the If the nuisance existed upon the prem ises when the lease was made, the landlord is liable. But if the'tcnant continues the nuis ance after he obtains exclusive possession and control, be alone is liable for its continuance. As the landlord, under our statute, is liable for ne essary repairs on the premises, if tbe nuis ance crows out of his neglect to make the re pairs the tenant may make them and set off the reasonable value against the rent due the land lord. Judgment reversed. C. Snead, by Montgomery, for plaintiff in error. J. T. Shewmake for defendant in error. • ■■ I—l I Important Legal Decision on a Reli gious Question.— We find in the Chicago Local News the report of a decision by Judge Lawrence, of the Supreme Court of Illinois, that is of considerable importance. A majority of the members of the Presbyterian Church in Bloomington voted to connect themselves with the New School body. The minority brought the matter into court, with two questions.to be determined—First, whether the majority were competent to make this change in the relations of the church; second, whether the right to vote upon such a question should not be con fined to members of the church and denied to those who .are simply members of the corpo rate society. The Circuit Court, before which the case was first tried, decided that the act of the majority was legal, because “it was not perverting the church property td the teach ing of new doctrines, but connecting itself with another branch of substantially tbe same church.” Upon the second question the de cision was that “ the right to vote should not be confined to church members ; but upon a question affecting tbe propriety of the congre gation, the right of persons not members of the church who have largely contributed to the erection of the chiu ch and the support of its minister to a voice cannot reasonably be ques tioned.” This decision of the Circuit Court was sustained by Judge Lawrence. [Journal Messenger. At the door, of a certain hat store in New York hangs the sign, “We block your hat, while you wait for fifty cents.,’ Therein en tered a countryman the other day, and an swered affirmatively to the question of hat blocking. The work was performed, and he was asked if he would have anything else in the hat fine. He replied in the negative, but con tinued to “ hang around ” ag though some thing was unsaid. At last the obliging clerk asked him what he was waiting for.’ “Wait ing for that fifty cents,/ said he. He didn’t get it. The hatter had misplaced his comma. A curious will case is on trial at Bath, Me., the ground of action being that the will and codicil were made under the supposed influ ence, control, and dictation of tbe spirit of the deceased busband of the testatrix. There have been put into tbe ease a large number of com munications said to have, been received from the spirit land. At a late duel in Louisiana, between two high-spirited gentlemen of color, the parties discharged their pistols without effect, where upon one of the seconds proposed that the combatants should shake hands. To this the other second objected as unnecessary, “ for,” said he, “ their hands have been shaking this half hour.” In Decatur, Illinois, the other day, a man thought he had found a long piece of dress goods upon the pavement. He picked up one end of it and commenced wrapping it around his arm, when, on looking around the corner he discovered a lady at the other end quietly talking to a friend. He concluded to abandon his prize. A man became insane in England the ether •ty while in the act of being married. Un charitable bachelors say that there is nothing surprising in this, although insanity generally precedes matrimony, its more violent symp toms appearing some time after the ceremony. Some persons are poisoned by tobacco, even in the smallest dose. Life-long smokers fre quently show symptoms, at an advanced age, of having suffered by slow narcotic poison.— Among these symptoms are languor, giddi ness, dyspepsia, and cold feet. Such persons should give up tobacco entirely. “ Swearing off” for awhile does them no good—much to Mr. Parton’s delight.
