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THE NEWS OF NORFOLK ON PAGES 2, 3, 5 AND 6. GQ?fiT DECISIONS. Kotes of Cases Recently Decided, Which are of Interest to Our People.' DIGESTED BY B- MARTIN. (Exclusively for Virglnlan-PHot.) AVERS V. KITE. i Supreme Court of Virginia, September 27, 189D. ANY VARIATION MADE IN A CON? TRACT WITHOUT THE CONSENT OP THE SURETY THERETO RE? LEASES HIM. THE LIABILITY OF A SURETY ON A RECEIVER'S BOND IS LIMIT? ED TO FUNDS COLLECTED UN? DER THE DECREE R1*3UIRINC; THE BOND, AND DOES NOT COVER OTHER AMOUNTS COL? LECTED UNDER FUTURE DE? CREES. The question Involved in this case was ?whether the surety on the bond of a receiver appointed by the court was lia? ble for the failure of the receiver to account for funds collected by "hiin un? der a decree made subsequently to the one which appointed him and which re? quired said bond to be l-aken. The lower court held the surety liable and ho ap? pealed. The Court says: The decree of November 20. 187G [the first decree above referred to] so far as it has any bearing upon the question before US is as follows: "* * It is ordered and decreed that W. E. Craig. who is hereby appointed a receiver * * do collect the balance of purchase mon? ey due from said Long and Slplc, and disburse the same as per directions of decree of .Tune 19, 1S73, herein, after having executed and llled with the clerk of this court v. bond payable to the Commonwealth of Virginia in the penalty of $5,000, conditioned for the faithful discharge of his duly under this nri'd nil future orders of this court in this cause." -Craig. with Ay era as his surety, exe? cuted und tiled with the clerk the bond required und the conditions of the bond conform to the requirements of the dcctce. The court by Us decree Of .Tune IStlS, held that the bond executed by Craig ns receiver under decree of November 20. 1875, "by every reasonable Implica? tion." should he held to cover the duties of the receiver, lint only In regard to the moneys directed to he collected by him under that decree, hut all moneys that may have come into his hands under the decrees 'in the cause sub? sequent to mild decree of November, 187.r.. This decree, in effect, holds Ayera liable for the ?5.0(10. with Interest there? on from July 1. 1S8-I, as to which Crnle; receiver, defaulted, although the fund was received by him under the decree of June 23, 187(5, nnd notwithstanding he had properly disbursed the funds received by him under the decree of November 20, 1S75. Tn this view we nre unable to concur. "Sureties Stand upon the letter of their contract. Their " liability is always fUrletiss'imi juris." "Nothing can be clearer than the doctrine that the liability of the surety is not to be extended, by Implication beyond the terms of, his contract. To the extent, and in the manner, and under the circumstances pointed out lit his oblleation, he Is bound and no fur? ther. ? ? V . The bond Is conditioned in accord? ance with the terms of the decree un? der which it was taken, and the decree specified the duty to be performed by Cralg, tho receiver, and that was to collect and disburse the bulance due on the land bonds of Long and Slple. The amount of tho balance then due on these bonds was about, as Is conceded, $2,200, and the penalty of the receiver I or commissioner's bond required is $5,000, while the amount collected by C'rn.ig under the subsequent decree was nearly $S,000. True, the bond taken under tho decree of November 20, 1S75, signed by Ayers as surety, contained the condition that Cralg should faith? fully discharge his duty under that and all future orders of the Court in Hie cause: but can the language, by any Just, fKir and reasonable construction, be taken as referring to any duty that might thereafter be Imposed by the Court on Cralg as receiver or com? missioner of tho Court not pertaining to tlic specific funds, he was directed to collect and disburse? ' Does not Bucli an interpretation ns tWit extend the liability of tho surety beyond the fair scope of tho terms of his contract. Wo <ire of opinion 'that the decree appealed from is erroneous and It will therefore be reversed and annulled.? Reversed. II ? ? MriiifMiniit (>Hl<N The City Clu'ard met at their room in the Armory last night, and succeeding In electing a second lieutenant after repeated faiures. The candidates: for the olllce were Sergeants Gale and Powell. These two gentlemen ran nock and neck at the other meetings of the company and neither received sufliclont votes to elect. At tho meeting last night Ser? geant Powell decided to withdraw from the contest, and Sergeant Gale was elected unanimously. " OrttKii ?? 11 and lose all." Many are so Intent on "grasping all" that lliey lose their Ihm Ith Hood's Rnrsapnrllln lias helped manv a business man on the road In success <b'y making and keeping him healthy. HOOITS PILLS aro gentle, vet effec? tive. L'fiC. koi *?n Koi We ?>o-.ln vo'y ?VIII Hint I'ny. We positively will not pay commis? sions to any one. Wo do not think it right to add on ten per cent, in ?lie price of a Piano and then give It to some SO-CALLED KRU3ND who h.is used inlliience in getting some one to buy one of our Pianos. Yesterday a Hleck-looklng individual called and said ho could make >:\ sab" for us. We said NO, our prices were so low we could not give any commissions. Ho then proposed io raise'the i>:-:<-.< of the Piano 'to his friend and make $20 extra foi himself. WE DID NOT SELL IIIS LADY FRIEND. 11,- was a lair spe? cimen of those who make it u business of bleeding the Piano dealers. "We can? not ciiil will not be bled. If we can stand any discount it rightfully be? lches to the nmn or woman who pa? tronizes us, and THEY SHALL HAVE IT. Our prices are the same 'to all and that U VERY. VERY* LOW. FACTORY PIANO PARLORS, C. Hi ADDISON, Proprietor, It Cor. Gran by and Charlotte streets. K >????< Kxmitlllfd I'rof. Dr. A. Week manager of the optical department of iho Gale Jewelry Com? pany, v. Ill examine your eyes free. De? fective vision and complicated cases specially Invited to call. Je2?-tf NORFOLK PRESBYTERY (Continued from Second Page.) further attendance on the Presbytery after the afternoon session. PROPOSED NORMAL SCHOOL. The question of establishing a normal school within the bounds of the Presby? tery for the ? proper instruction and traininK of Sunday school teachers was discussed and, on motion ot Dr. Mack, Revs. Lafferty, Maxwell, Well ford and Ruling Elder Barksdale, ot Portsmouth, were appointed a committee to look In? to the feasibility of such an institution and submit their report at the spring session of the Presbytery. EVENING SESSION. Rev. W. J. King said Utat Dr. C. E. Bishop, "a gentleman of line attain? ments, a member of the church in "Wll liamshurg. who desires lo use his gifts in evangelical services, was not an elder bu< a deacon of the church, and desired to know If there was any way by which he could be given authority under the Presbytery to engage in work of this kind, tis ho was looking toward an ordination in the future to the rcgqlar ministry. It was decided that he could be made a licentiate in view of the fact that it was his pur? pose to be ordained to the regular ministry. On motion of Rev. R. P.. Eggleston, the Presbytery decided that It would be glad to license him to preach under the conditions stated, provided he passed a satisfactory examination. HOME MISSIONS. The Chair announced that the nest order ot business was the report of the Committee cm "Home Missions." The exercises were opened with re? ligious services conducted by Rev. E. R. McCIuer, who read as the Scripture lesson a nortion of the Psalms on the duty and honor of the Church. Prnver by Rev. R. H. Robinson. The report was then read by Mr. McCIuer. It called attention to thr fact that since the spring meeting.the l\ast End Mission, at Newport News, had been organized inio a church rind known tig the Second Chlurch of that city. Park Place had also been organ? ized r.s n church and a chauel had been erected nt Prcntls Place by the First Church of Portsmouth, and regu? lar services were held there. A minis? ter had been secured for Ta'lt Memorial Church, who "nave charge of the chapel at Prcntls Place. Rev. C. D. Gilkerson was In chnrgc of -the Lambert's Point Church, and that there would be a mis? sion in connection with It soon. The report urged lipon the ministers and churches lo recognize (he import? ance of contributing the full amounts to the cause, that the stated supplies have authority lo continue their cn gai;emen Is. The Suffolk Church h'd heen given authority to employ the Rev. .1. S Thomas until the next meeting of the Presbytery. Revs. E. TV McCIuer. Samuel Hall. Major Tluninhrevs. Rev. It. P ERglcs lon. Dr. Mack and Rev.; W. II. droves made Sllrrln? addresses on the report, after which It was adopted. I On motion of Dr. Mark, a special col? lodion was taken up in nid Rey. W. IT. Grove* in repairing one of Iiis churches I In Gloucester county. THE REPORT KNDORSED. Rev. Henderllght offrred the follow? ing, which was adopted: Resolved. That the Presbytery has heard willi much interest the report ot the Committee on Homo Missions. Resolved, Thnt U Is impressed -with the magnitude and pressing needs of The renowned Dr. Beyer of Germany writes : "I use Warner's Safe Cure for pa? tients who suffer from kidney and liver diseases, and it re , Stores them to com? plete health. I rec? ommend it most cordially in all circles of my acquaintance." this work, especially as to its directness upon the Norfolk Presbytery, Resolved, That the Presbytery com? mends most heartily the diligence and faithfulness of the committee, endorses its safe and conservative; and yet zeal? ous and aggressive meusures in behalt of tho work, and is profoundly grati? fied to the Great Head' of the church for the bountiful blessings bestowed and the most encouraging progress made. THE NEXT SESSION. The Presbytery, by unanimous vote, decided to hold its next meeting with Makemle Church, Eastern Shore, Vn., on the second Tuesday In April, 1900, at S o'clock v- m. The next order announced was the examination of Rev. \V. 11. Groves willi the view of his admission into the Pres? bytery. Rev. C. D. Gllkerson examined him on experimental religion and it was satis? factory. His examination on theology was conducted by Rev. E. II. McCluer with the same result. On church government his examina? tion was conducted satisfactory by Dr. Mack, and on motion, his examination was sustained as a whole and he was admitted into the Presbytery. A NEW CHURCH. A petition to organize a church at Sadler's Point was presented lyr Rev. C. W. Maxwell With sixty signatures. On motion, a commission, consisting nf Rcys> McCliicr, Groves, Lawson and Elder Samuel Sterling, was constituted to organize sold church. Resolutions of thanks were extended to the Park Place Church for the princely manner they had entertained the Presbytery during its session, and to tho city i>rcss for favors and cour? tesies. Tlte proposition from tho Albemnrle Presbytery to tho Norfolk Presbytery, to take control of a norllon of its ter rltoy, was referred to the Committee on Home Missions. ? Tlie request of Dr. Lacy to be relieved from membership on the Home Mission Committee was granted, and his place was supplied. After reading the minutes #.nd mak? ing necessary corrections they wore ap? proved, and the Presbytery adjourned with prayer by the Moderator. Look out for Hoster's Welnor. LIEUTENANT AND ENSIGN. TWO OFFICERS CHOSEX BY NA? VAL RESERVES. The Second Division of the Virginia Naval Reserves held a meeting last night and elected Mr. Banks, or the Chesapeake Lumber Company, as Lieu? tenant of the Junior Grade, and W. J. Hlckey as Ensign. The Lieutenant of the Junior Grade of this dlvl?lon resigned some time ago, and . Mr. Banks, who was at one time adjutant of the battalion of Re? serves, was the unanimous choice of the division as his successor. The Lieutenant commanding this di? vision is R. S. Weaver. Nnrfitllt Nolror Acmlemy. The third weekly 60irec of the Nor? folk Soiree Academy will be held next Tuesday night at Masonic Temple. Those weekly gatherings are very en? joyable to all who attend, and promise to form one of the pleasant social fea? tures of the winter. These soirees arc in charge of Messrs. Ernest Aydelott and R. Wesley Ben? oten. Music Is furnished by Prof. Krugor's orchestra. The attendance is about twenty-tlve couples at each soiree. \ Urs I tie iiui' ltiirtf InrtziMt. A burglar entered the Tosldence of Mr. W. A. Weeks. 100 Bank street, last night about 11 o'clock and got away with clothes to the value of about $100. His burglarship. with whom the police have not yet mado acquaintance, en? tered the house from a second story window on the side. The clothing stolen was in the second story rooms. The detectives are at work on the case. IO nW's I.O.MIKH, Oiir ??|??>cti?l 1*1 ntiti Mill OI'R SPECIAL PIANO SALE will be extended for ten days by special re? quest of many customers who live out <*t the city and could not get here sooner. The sumo very low prices will he given: $:)00 Piano at $207, and a $.'00 Piano nt onlv $117. FACTORY PIANO PARLORS. It Cor. Granby and Charlo'tte streets. An old remedy that has proven Its value in curing headaches and pains has made its appearance here?Hick's Capudine. Despite the scarcity of cloth, we have succeeded in Importing the second lot of Drummond soft-finish worsteds. You must be nn early caller to see this high grade goods. RUDOLPH! & WALLACE, S33 Main stree:. Oftlcc Board S. S. and Dr. Corns. Norfolk, Vu., October 10, 1S55. BIDS Wl LI, BE RECEIVED .AT A public auction to be held at 11 o'clock a. m. on THURSDAY, the 15th day of October, for the purchase of all the I hulld'ngs and parts of buildings required I to be torn down for the opening of Trip oil street, from HutO to Wolf street. No building will be delivered to a pur? chaser until the amount hid for the same has been paid to the City Treasurer. Each building or part of building Is sold with the distinct understanding that the purchaser will take down and re? move the same within six weeks of the date of sale, and that no building or pan of btilIdim; !s sold below the ground. All plaster or mortar suitable for tilling Is not sold with the building to which it pertains, but is reserved by the city. There being much valuable building mate? rial to bo sold the public is cordially In? vited to attend the sale. J. D. 1IOFHEIMER, Chairman Ud.,S. S. and Dr. Corns. ocl0-tu,th,sa-3t 234-23? MAIN STREET. .. i Novelties in Children's Clothing Boys Sailor Suits. The Sailor Suit is very pop? ular this season; it is stylish, dressy, and serviceable and proper for all occasions. We show these in beautiful fancy mixtures and plain red, white, brown, green, and light and dark blue?all trimmed and braided in various pretty ef? fects. Prices range from $2SO to #10.00. All-wool Cheviot Sailor Suits, prettllv trimmed, with white or black r\r\ braid; slZ03 3 to 12. Each. Cpj.UU Another lot, trimmed the same way; onlv better quality of mate- fri Cfi rial; sizes 3 to 12. Each. 4>0.3U A magnificent line of Dark Blue and Fancy Mixed Cheviots, various combina? tions of braids and trimmings: scores ot styles; all full blouses and cut and finish? ed' In thrt very best manner; tfC f\(\ sizes 3 to 12. Each. 4>O.Uv Very Fine Ertgllsh Cheviot Blouso Suits, In red, brown and the new bin? shade; very elegant goods: very drossy; collar trimmed with 12 rows ot black or whlto silk soutache bra'.d?two shields, one tho color of the suit, the other white serge, braided and with embnldcred star?line silk tie and hand-made lanyard and whis? tle with each stilt: sizes 4 to ()r\ 12. Very special value. Each.. 4>0-v'v? Vestlo and Brown'e Suits, In all the popular colors and stylos: prettily braid ^esTlosn,?t $3.00 to $5.0Q A good Navy Blue Brownie or Vostlt . nit, 3 pieces. CO ' llltlo vest. Each. Suit, 3 pieces, coat, pants and Another one In navy blue? fin UAllty. Each.... 4>?5.UU a lilt.a better ou A full style at \ full line of this popular ?5#QQ nNEfttTLE SNOW! Ours is the Finest in Norfolk. Bee Cream and Ices Our Pineapple Snow, Ice Cream and Ices are generally admitted to be the (lnest In Norfolk. Special prices for parties, excursions and lodges. De? livered free to any part of Norfolk. Prices low as the lowest. Goods better than tho best elsewhere. ( NORFOLK CANDY KITCHEN, Southern States Phone 673. Je20-7 21 BA1IK ST. 1 <??<f>-5> -U>-0><i> 0<$>-3> <2><><J> <?><?>?-*? 0><?<> <2><t?<? <i> ? <?> <*"?<0 paralion we lift the curtain this morning on our Magnificent Slock of Fall and Winter Clothing;; Men's Furnishings, Fabric that Fashion has smiled upon is here. Every Gar men! is as Perfect Tailored and 1 rimmed as skilled hands After many busy days of pre and Hats. Every Style and every . can make it. The entire stock is in the pink of newness?complete with all those dainty patterns so seldom found in ready-to-wear Clothing The pinnacle of all this clothing satisfaction is capped with right prices?prices that will appeal to men who wish correct Clothing at a price that is FAIR. SSTOur guarantee 'with every garment ?no matteJ what the price. NOTICE 9 FALL STYLE The new Piece Goods are all in, and a showing we aie mighty proud of. We needn't touch on l he skilled cutting and careful workmanship in our lo-prder department. You know all about that. But combining these virtues with those of excellent service is what has given the upward push to this part, as well as all other parts of our business G?ll! lin im Ii? &;?