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OLD SERIES : VOLUME XXX.
CHARLOTTE, N. C, FRIDAY, JUNE 30, 1882.
VOLUME XL NUUBER 582
THE
Charlotte Home and Democrat,
Published eveby Fmdav by
J. P. STRONG, Editor & Proprietor.
Terms Two Dollars for one year.
One Dollar for six months.
Subscription price due in advance.
"Entered at the Post Office in Charlotte. N.
C, as second class matter," according to the
rules of the P. O. Department.
ROBERT GIBBON, M. D.,
Physician and Surgeon.
OFFICE,
Fifth and Tetos Streets,
residence,
Sixth and College Streets, Charlotte, N. C.
.March 17, 1882. tf ' ,
DR. T. C. SMITH,
Druggist and Pharmacist,
Keeps a full line of Puie Drugs and Chemicals,
White Lead and Colors, Machine and Tanners'
Oils, Patent Medicines, Garden seeds, and every
thing pertaining to the Drug business, whichhe
will sell at low prices.
March 28, 1881.
J. P. McCombs, M. D ,
Offers his professiontl services to the citizens of
Charlotte and surrounding country. All calls,
both night and day, promptly attended to.
Office in Brown's building, up stairs, opposite
the Charlotte Hotel.
Jan. 1, 1882.
Sr
A. RURWELL. P. D. WALKER.
BUR WELL & WALKER,
Attorneys at Law,
CHARLOTTE, N. C.
Will practice in the State and Federal Courts,
Office adjoining Court House.
Nov 5, 1881.
JOHN E. BROWN,
Attorney at Law,
Charlotte, N. C.
Will practice in the State and Federal Courts.
Office on Trade Street, opposite the Court
House, No. 1, Sims & Dowd's building.
Dec 23, 1881 y
DR. M. A. BLAND,
Dentist,
CHARLOTTE, N. C.
Office in Brown's building, opposite Charlotte
Hotel.
Gas used for the painless extraction of teeth.
Feb 15, 1882.
DR. GEO. W. GRAHAM,
CHARLOTTE, N. C.
Practice Limited to the
DYE, EAR AND THROAT.
March 18, 1881. ,
DR. J. M MIILER,
Charlott6, N. C.
AH calls promptly answered day and night.
Office at A. J. Beall & Co's store on corner
of College and Trade streets Residence opposite
W. R. Mytre'.
Jan. 1, 1882.
-J. S. SPENCER.
J. C. SMITH.
J. S. SPENCER & CO.,
Wholesale Grocers
AND
COMMISSION MERCHANTS,
Trade Street ', Charlotte, JV. C.
May 19, 1882.
WILSON & BURWELL
WHOLESALE AND BETAlt
Druggists,
Trade Street, Charlotte, N. C,
Have a large and complete Stock of everything
pertaining to the Drug Business, to which they
invite the attention of all buyers both wholesale
and retail.
Oct 7, 1881.
HALES & FARRIOR,
Practical Witch-dealers and Jewelers,
Charlotte, N. C,
Keeps a full stock of handsome Jewelry, and
Clocks, Spectacles, &c. which they sell at fair
prices.
Repairing of Jewelry, Watches, Clocks, &c,
done promptly, and satisfaction assured.
Store next tobprings' corner building.
July 1, 1881.
SPRINGS & BURWELL,
Grocers and Provision Dealers,
Have always in stock Coffee, Sugar, Molasses.
: Syrups, Mackerel, Soaps, Starch, Meat, Lard,
Hams, Flour, Grass Seeds, Plows, &c, which we
offer to both the Wholesale and R-jtail trade. All
are invited to try us, from the smallest to the lar
gest buyers.
Jau 1, 1882.
j. Mclaughlin,
Wholesale and Retail Dealer in
Groceries, Provisions, &c,
College Street, Charlotte, N. C
Sells Groceries at lowest rates for Cash,
and buys Country Produce at
highest market price.
t3SF" Cotton and other country Produce sold on
commission ana prompt returns made.
Nov. 1, 1881.
TORRENCE & BAILEY,
Commission Merchants
College St., Charlotte, N. C,
Handle Grain, Hay, Flour, Bran, Cow Peas, &c.
Agents for the
"EUREKA" GUANO.
March 10, 1882.
HARRISON WATTS.
Cotton Buyer,
Corner Trade and College Sts., up Stairs
CHARLOTTE, N. C.
Oct. 14, 1881.
Z. B. Vance.
W. H. Bailey.
VANOE & BAILEY,
Attorneys ana Counsellors
CHARLOTTE, N.J
Practices in Supreme Court of United States,
Supreme Court of North Carolina, Federal
Courts, and counties of Mecklenburg,
Cabarrus, Union, Gaston, Rowan,
and Davidson.
t&" Office, two doors east of independ
A Strawberry Patch in a Barrel.
Persons who live in cities, and only have
a small yard where the sun hinoa Sn
have nice berries enough for family use
wituout Deing troubled by weeds. Take
a hogshead, or cask, and f.nmminiA mix
inches from the bottom, and with a two-
men augur Dore it lull of holes six inches
apart. Then fill up by degrees with rich
dirt, and as you fill up set a strawberry
root in the dirt, with the crown or leaves
out of the ausrur hole, and when it is filled
to the top you can set a row around the
top; but leave a hollow in the center, so
that when you wish you can pour in soap
suds or liquid manure, so that you can
force them to grow very large, and they
will be nice and clean. . Tt wnnld he mnre
durable to have two or three iron hoops
on trie nogshead. rarsley can be raised
the lime arav. The hHava ia mnra nmfiil
than a rustic stump in the yard. Farming
vroria.
COMMISSIONERS SALE
OF
700 Acres of Valuable Lands.
By virtue of a decree of the Superior Court of
tne county or Mecklenburg, we will sell at Pub
lic Auction, at the Court House door in the city
of Charlotte, on Monday the 3rd day of July,
1882, the Lands which were owned by the late
Mary M. Wallace.
The Home Place. 4 miles from the citv of Char
lotte on the Lawyers road, contains 408 acres,
wuu a large cries uweiune uouse. good .Barns
huu uuier improvements.
The Wilson Place, on the Lawyers road. 6 miles
irom nanotte, contains iva acres.
We will also Bell a valuable Gold Mine in Un
ion county, near Matthews', known as the Henry
This sale is made subject to the ratification and
approval ox tne uourt.
Terms One tenth cash : balance in two eaual
installments at one and two years, with security
and interest from date.
Deeds and Plata can he nppn at th T.nw n-ffiro
ol Osborne S Maxwell. Charlotte. N. C.
Parties ripsirinn tn PYnmino the nrnnrtv will
apply to 8. H. Farrow, at the Brick House
lace.
JOHN R. MORRIS,
W. C. WAXWELL,
3w Commissioners.
June 16, 1882.
LAND SALE.
By virtue ot a Decree of the Superior Court of
the county of Mecklenburg, I will sell at Public
Auction, at the Court House in the city of Char
lotte, on Monday, the 3d day of July, 1882, the
Lands belonging to the estate of the late Eliza
beth Kennedy, deceased, lying about Z4 miles
from Charlotte, on the lieattie s Ford road, ad
joining the lands of Mary Kennedy, Susan Hen
derson and others, containing about 45 Acres.
The sale is made for assets, and is subject to the
approval of the Court
Terms One-nali cash, tne balance payable
the 1st day ox January, 1883.
W. C. MAXWELL,
June 16, 1882. 3w Adm'r.
1882. 1882.
SPRING STYLE HATS.
PEG RAM & CO. have received and are daily
receiving a beautiful line of Gents' Silk, Stiff and
J'elt
HATS.
Don't fail to call and see them.
PEGRAM & CO.
March 3, 1882.
BLACKSMITHING
IN ALL ITS BRANCHES,
AND
WORK WARRANTED.
I have a Wood-shop connected with my busi
ness, and will make and repair Wagons of all
kinds. Buggies repaired neatly and quickly.
J. K. PUREFOY,
College street, Charlotte, N. C.
April 7, 1882. ly
AT THE RISING SUN.
C. S. Holton
Has in store a fine lot of Lemons, Apples, and a
fresh lot of Caudies. Call and see them.
C. S. HOLTON.
March 17. 1882.
TO THE INTEREST
OF
Our Patrons.
Just received, a large lot of
LAWNS IN MOIRE EFFECTS.
We invite your special inspection of our large
CHOCK OI
Black Dress Goods,
Embracing every thing in that line, Black Silks,
. i a . 1 Yt. T n n Urt.TrillAnw nrtl Dal.mali
flfit inn Mnirea. &c. Our stock of Colored Dress
4nn. nr. Trimming's ia also comblete. Our
line of
WHITE GOODS
Cannot be beat. Ask to see our fieured and col
ored Mulia. We have the cheapest stock of Para
sols in the State, look at them before you buy.
. r . . 1 . : n 1 T .'li...'
w e nave a targe line umew uraigus m uaum
Neck Wear. Look at our
Corset for $1.
Sarah Bernhardt and Foster Kids, Lace Nets
in black and colors. We have a stock to meet
the demands of every one. If you don't see what
you want just call for it The young men will
find a handsome stocs or
Clothing,
Straw and Fur Hats, on our counters, and if you
want something nice come down and get the
newest thing, an "Oscar Wilde" Collar. The
Ladies will find a line of New Fans on our
counters, and some of them are just "too too.
Prompt attention to orders.
HARGRAVES & WILHELM.
April 14, 1882.
OUR
SPRING STOCK
Is now Complete.
Wholesale and Retail Bayers
Are invited to examine it before making their
purchases.
Handsome Stock
OF
NEW CARPETS,
Oil Cloths and Rugs.
HOUSE FURNISHING GOODS a Specialty.
The laigest and cheapest stock of
Embroideries
In the City. Call and see them.
Elias & Cohen.
March 17, 1882.
Busy Baby.
Oh, the busy, busy baby 1
. Never idle for a minute ;
- Not a single thing is doing
But his little hands are in it
Oh, the buBy, busy baby !
Now his mother bread is molding,
For a little baby biscuit,
Winsomely his hand he's holding.
Pleased he takes the doughy "bickit,"
Strews the flour about to make it.
Prints it with his cunning finger,
Then must in the oven bake it
Oh, the busy, busy baby I
In his head is some new notion ;
Something roguish he is planning,
I can see it in each motion.
Yes, he's filled his father's boot-leg
. From the coal-hod, black and sooty ;
"Hands all brack," he's learned to prattle,
"Mamma, pease to wash 'em pooty."
Now where is my busy baby ? .
In the pantry we shall find him ;
He's in mischief just as surely,
For he's shut the door behind him.
Sure enough my loaves are scattered,
And the bread jar holds my baby !
Out of business, for a wonder,
Conning some new mischief, maybe.
Hush ! you see his eyelids closing ;
Tired of play he'll soon be sleeping ;
I muBt work while busy baby
Rests in slumber's kindly keeping.
Th$ Watchman.
Precept and Practice.
A eood story is told of a minister, who,
happening one day to pass by the open
door of a room where bis daughters and
some young friends were assembled,
thought, from what he overheard,that they
were making too iree wtm tne cnaracier
of their neighbors ; and after their visitors
had departed, he gave bis children a lec
ture on the sinfulness ot scandal. Ibe
answered: "But father, what shall wetal
about ?" "If you can't do anything else,"
replied he, "get a pumpkin and roll it
about; that will at least be innocent diver
sion." A short time after, an association
of ministers met at his house, and during
the evening some discussions on points of
doctrine were earnest, ana ineir voices
were so loud as to indicate the danger ot
losing their Christian temper ; when hi
eldest daughter overhearing them, produc
ed a pumpltin,and, entering the room,gave
it to her lather and said : "There, father,
roll it about." The minister was obliged
to explain to his brethren, and good hu
mor was instantly restored.
Where Shall I Spend Eternity.
A lady had written on a card, and
placed it on the top of an hour glass in her
flower house, the following simple verse.
It was when the flowers were in their
highest glory :
"To think of summers yet to come,
That I am not to see !
To think a weed is yet to bloom
From dust that 1 shall be."
The next morning she found the follow
ing lines in pencil, on the back of the same
card. Well would it be if all would pon
der the question act in view of, and make
preparations for, an unknown Btate ot
existence.
"To think, when heaven and earth are
fled,
And times and seasons o'er ;
When all that can die shall be dead,
That I must die no more.
O, where will then my portion be,
Where shall I spend eternity f"
A Doff Story.
Zach was a fine Newfoundland. His
home was a large cuntry-place where
six children were his play-lellows. lhey
often played hide-and-go-seek, and he
would take his turn while the children hid,
or hide as well as any of them. When
the father of the children came home at
night Zach always bad a romp; but he had
little to do with their mother, except dur
ing thunder storms. Then he always ran
to her and hid his bead in her lap. uue
day the children made a flower-bed by the
uorch. and Zach seleoted the same place
to bury a large piece of corn-bread. The
grouud was smoothed over and the oread
thrown away. Next day Zach went for
his bread, and, failing to get it, dug up
the whole bed. for several days the bed
was regularly fixed and dug up, until the
children were forced to find another place
lor their bed. The next spring they
started a new bed by the porch, but the
first day Zach dug it up. Some one then
suggested that they bury a piece ot corn
bread and let him find it. The next day
Zach dug as usual and found the bread.
He ate it up, and never dug there again.
Herald and rresbyter.
KNITTING YARN.
Blue,
Brown,
Red and
Slate
KNITTING YARN
In Hanks, at
BARRINGER & TROTTER'S.
April 7, 1883.
SPRING STYLES!
We are now opening our new Spring and
Summer Styles of
MILLINERY,
Including all the latest novelties in the Millinery
line.
Hats, Bonnets,
Flowers, Plumes, Ribbons, Silks, Laces, Sec., in
all the new styles, colors and qualities.
Also, all the new styles, and qualities of Laces
embracing White Goods, Neck Wear, Hosiery,
Gloves. Parasols, &c., the largest and most com
plete Stock in the City.
We have opened our
Pattern Hats and Bonnets,
And will be pleased to show the Ladies the
GRANDEST DISPLAY OF FINE MIL
LINERY they have ever seen in this city.
March 31. 1883.
A. J. BEALL & CO.
Have just received a large supply of Fresh
Mackerel in all size packages.
Corn. Flour. Hay. Bran. Meal, Stock Feed, and
in fact everything kept in a First-Class Grocery
re A. J. BEALL & CO.
June 2, 1882.
The Trae Ring.
"Wanted, clerk at 650 Washington
Street." ,
This was the advertisement that ap
peared in one of the morning papers of a
arge city. : 1
Many a young fellow who had been
seeking employment, for weeks felt his
hopes rise as he read it.
Fred Barker beard , it at the breakfast
table the day after it appeared ; his sister
Louise said, "O, Fred ! I forgot to tell you
that I saw in yesterday's paper that
Mitchell & Tyler want a clerk ; that will
be the place above all others for you. It s
a splendid store. Of course you can
get the place if you are not too late.
You can take a letter from Uncle Horace ;
his influence and your appearance will
settle the matter.- Jt heard Mr. Mitchell
was real fussy about his clerks, but I am
sure he can find nothing to object to in
my handsome, well-dressed brother.
and the elder sister looked admiringly at
Fred's fair face, smooth locks, and well
fitting suit.
".Perhaps I'll call around there after a
while," Fred said carelessly.
"nease hurry and go now. won't
you ?" his sister said ; "I'm afraid some
body has snatched up the ; place before
this time."
Fred finished his breakfast in a leisurely
way, put a few extra . touches to his al
ready careful toilet, lighted a cigar, and
sauntered forth.
"Better throw away your cigar before
you go in ; Mr. Mitchell might obiect to
that," said Louine, who stood on the front
door as he passed out.
"He'll have to take me as I am," Fred
said with a lofty air ; "all gentlemen
smoke. I do not propose to be a slave to
him or any other man."
He called at his uncle s office in the
way and procured a letter of recommen
dation. Thus equipped he felt confident
of success.
Just behind him there walked with
brisk step a boy of fifteen, a year or two
youuger than himself. This was David
tregg- He too had seen the advertise
ment, and was on the way that very min
ute to 650 Washington street. He was
the eldest of a family of children whose
father had died at the beginniug of this
long winter. David bad tried hard to
find employment, had improved every
moment in doing odd jobs for anybody,
had studied the papers and answered ad
vertisements until he was well-nigh dis
couraged. The places were sure to be
hlled by persons who had influential
friends ; he had none, for his father had
removed to the city from the country only
a short time before his death, and now,
more because be applied for everything
he heard of than irom any hope of success,
he had risen very early that morning, and
while bis mother was preparing breakfast
put himself in the neatest- possible order
to go to Mitchell & Tyler's.
When he appeared at the breakfast table
looking so bright and neat, his mother
thought he was a son to be proud of, the
handsomest boy in the whole city, yet his
face was actually homely as far as beauty
of features was concerned ; his clothes
were coarse, and he had no fancy neck-tie,
uo flashing pin, or gold cuff buttons, like
the elegant young gentleman who now
walked before him.
What was the reason that among the
large number of boys who filed in and out
of Mitchell & Tyler's private office no one
of them bad yet been selected to fill the
vacant clerkship? Mr. Mitchell, the senior
partner of the firm, had asked some plair.,
straight-forward questions of them,
"Where do you spend your evening?"
"Do you play cards, go to the theatre ?"
etc. ; tor Mr. Mitchell had declared to his
partner, "If there is a boy in the world
who has good habits and right principles,
I'm going to hunt him up it it taken
all winter ; ' so it turned out that many
of the boys could not give satisfactory
answers to the searching questions,
and others when Mr. Mitchell sounded
tbeir knowledge ol figures, were not ready
reckoners.
They came and went for one whole day,
and as soon as the door was opened the
next morning candidates came flocking in
like birds.
And now it was Fred Barker's turn.
He stood before Mr. Mitchell, his hat on
bis head, his cigar removed from his
mouth, it is true, but the smoke thereof
curling upwards into the merchant's face.
He presented his letter ot introduction.
Mr. Mitchell read it, then asked a few
questions. Meanwhile his practical eye
was taking it all in, the cigar, the imita
tion diamond, the large seal ring, the
flashing necktie. He knew in a twink
ling where Fred Barker probably spent
his evenings, and that it would take more
money to indulge his tastes than he conld
honestly earn.
To Fred's astonishment, he presently
heard, "I do not think, young man, that
you are just the one we have in mind for
this place." Then before he knew it he
was bowed out.
The next boy who was admitted did not
advance with such an over confident air.
He held his hat in his hand, and spoke in
a modest, respectful manner.
"Have you any recommendation?'
"No, sir, I have none," David answered,
a little dejectedly. "We have not been
long in the city."
"Well, you need none, if I can trust my
eyes," Mr. Mitchell remarked to himself.
The bright, frank face and the manly air
of the boy impressed him most favorably ;
he was still more pleased when he drew
him into conversation and learned what
books he was fond of, and how he was
going on with his studies, evenings, al
though he had been obliged to leave the
high school and earn bis living.
Mr. Mitchell had very sharp eyes ; he
took note of the well-brushed garments,
the shining boots, the snowy collar and
cuff, the delicately clean finger-nails
even by such small things as these is
character read and above all, the look of
sincerity and honesty shining from the
blue eyes.
"Well, David," Mr. Mitchell said, as he
got up and walked backward and forth,
"what if I were to tell you that you can
have the situation, provided you will work
a part of every Sabbath ?"
It was a most cruel test. The boy
hesitated -just a moment then he said,
while his color rose and bis voice choked,
"I should say, sir, that I cannot accept
it."
"Not even when your mother needs
money so badly ?"
"No, sir; my mother would not use
money so earned. She has always taught
me to obey God and trust him, come what
will." . -
"That has the true ring, pure gold,"
said Mr. Mitchell, bringing his hand down
on David's shoulder. "My dear boy, I
want yon, and I do not want you to do
any work for me on the Sabbath. I will
pay you ten dollars more a month than
the last clerk received, beeause I am glad
to find one boy out of a hundred who
remembers his mother's teachings,
and fears to disobey his Lord." ivT Y.
Evangelist. -
The Recuperation of the South.
In his address before the Senior Class
of Trinity College, N. C, Dr. Lafferty
makes the following eloquent recital of
the trials and triumphs of the people of
the South :
"It battle tested the prowess of the
Soutb, defeat tried them in the furnace.
The social and political fabrio tumbled to
pieces. The African from the rice swamp
was ordered to put his maddy foot on the
neck of scholars and statesmen. It was
as if a continent, with all the fair works
of art aud civilization, had suddenly sunk
below the sea level and the monsters and
ooze of the ocean had flowed in over all.
Judas at home aud Barrabas from abroad
joined hands and became the fiduciaries
of the public purse aud the protectors ol
private right !
When the war ended nothing survived
in the way of property that was not in
destructible or unconvertible. The home
necessities had gleaned the field the
enemy had devastated even the stubble.
The loss in personal property (leaving out
the slaves) was two billion twice the in
demnity France paid Prussia. This was
two-thirds of all the property in the
South. In addition to this two billion
there must be added the expense of the
Confederate war (represented by Con
federate bonds and Confederate Treasury
notes,) amounting to a hundred million.
This was lost. In addition to this two
billion and this hnndred million the SouthJ
was saddled with its part of the United
States war debt of two billions and a half
And on the top of these vast sums must
be piled fourteen millions of private obli
gations based on slave property.
And worse. The Beed corn had been
ground in dire need. The last ox had
been eaten. The plough horse had fallen
under the Confederate soldier in the
fight. Mills and instruments of industry
had been burned.
Few have - ever forgotten the ruin
wrought on Prussia by the enemies ot
Frederick. Macaulay paints it as the
most woful picture in modern times, yet
Frederick lost only 117,000 out of a popu
lation of 4,500,000. The South lost 222,
000 out of 5,000,000. The boys, the
grandfathers and the cripples were left to
redeem land overwhelmed with industrial,
political and financial desolation.
What race that ever lived could have
risen ? The Greek never rose to manhood
after the Roman conquest. It was living
Greece no more. The sons of the men of
Marathon were slaves forever. The bar
barian broke the proud spirit of the
haughty Roman.
In a single decade the South rebuilt her
burned altars, lastrated her temples of
justice and turned the balance of trade by
her exports, and made a United States
bond as good as gold. In ten years she
had regained political power in Congress
and prosperity in her homes. It is a tri
umph of character, fortitude, patience, in
dustry, statesmanship and prime manhooi
over adversity without a parallel in all
history.
Cure of Diphtheria.
"One of the Ambulance" sends the fol
lowing extract from a South Airican
paper: "We can vouch for the efficiency
of the following remedy for diphtheria.
A few years ago, when this dreaded dis
ease was raging in England, a very simple
and rapid remedy for it was discovered
by the celebrated Dr. Field. He put a
teaspoouful of flour of sulphur into a wine
glass of water, and stirred it with bis
finger instead of a spoon, as the sulphur
does not readily amalgamate with water.
When the sulphur was well mixed he gave
it a gargle, and in ten minutes the patient
was out of danger. Brimstone kills every
species of faugus in man, beast and plant
in a few minutes. Instead of spitting the
gargle out, he recommends the swallowing
of it. In extreme case, to which he had
been called just in the nick of time, when
the fungus was too near closing to allow
gargling, he blew the dry sulphur through
a quill into the throat, and alter the
the fungus bad sank to allow of it, then
the gargling, and he never lost a patient
from diphtheria."
Facts not Generally Known.
Galileo discovered the movement of the
contribution-box at a camp-meeting in
1812, and said: "It does go round,"
for whioh he was afterward called
rounder.
Tarn was first spun by Noah on the
ark.
The stove-pipe joke was original with
Hamlet when he remarked : "The time is
out of joint."
Plug hats were introduced by Julius
Caesar to conceal his baldness.
The Troy laundry was established B.
C. 1193; that is to say, they had Hector
and Achilles collaring and cuffing each
other.
The bootjack was first used as an offen
sive weapon in the time of Cataline the
conspirator.
Treating was first introduced by David,
who gave Goliah a sling that went to his
head. -
Fine cut tobacco was first used by Chau
cer. Boston Bulletin.
At the recent royal wedding, the
PritiCess Beatrice wore a dress which once
belonged to Catherine of Aragon, one of
the wives of Henry VIII, an old gold and
pink satin covered with $100,000 worth
of d'Alencon lace.
Synopsis of N. C. Supreme Court Decisions.
.June 1882.
McAdoo vs. Galium. 1. Where a les
sor agrees with a lessee, that' at the ex
piration of the lease, then subsisting, "he
shall have the refusal of the premises for
another year," it was held, that the lessee
had the election to rent, or not. the prem
ises on the same terms and conditions,
and on payment of the same rent, and
that the lessor was bound to renew the
same upon said
terms, if the lessee so
elected. .
2. While this provision for renewal is
not itself a renewal so as to vest an estate.
yet it gives an equity which may be set
up as a defence in a summary proceeding
in ejectment. .
Rogers vs. Odom." -I. The sureties upon
the bond of a clerk are not liable for the,
misappropriation of funds which, came
into his hands receiver, and over which
the Court had acquired no control.
2. But where the appointment of re
ceiver is conferred upon him under the
statute authorizing the Court to commit
the estate of an infaut to "some discreet
person," it was hwld, that the same is pro
tected by his bond as clerk. Battle's Re-
visal, chapter 53, sections 22, 47.
Kirkmans vs. Phipps.-The Superior
Court has jurisdiction of an action by an
administrator against the widow, heirs at
law, and all other parties interested, for
au account and restraining order, in which
it is alleged that the intestate in his life
time executed several mortgages upon his
land had many dealings with the mort
gagee, made sundry payments upon, the
debt mortgagee was threatening . to sell
the land; also, that there were alleged
judgment liens upon that land, and th at
payments bad been made on some for
which proper credits were not given.
Hughes vs. Newsom. Where, in claim
and delivery, a sheriff returned the pro
perty to the defendant, who gave a bond
merely to indemnify the sheriff, and not
such as the law requires ia such case ;
Held, to be a breach of the sheriffs offi
cial bonds, for which an action could be
at once instituted ; and hence the statute
limiting the time to sue upon official bonds
to six years, began to run, and was in no
way affected by the time at which the ac
tion of the claim and delivery terminated.
Peebles .vs. Pate. Where there have
been a previous levy and sale, a subse
quent executive confers no authority to
recall the same premises ; its operation is
confined to other property of the debtor.
And this the defendant in the execution
may show in an action by the purchase to
recover the land. But the rule does not
apply to executions Issued upon dif
ferent judgments against the same debtor.
(For present form of final process see sec
tion 261 of the Code.)
Lockhart vs. Bell. 1. The defendant
bought land of A at the execution sale,
and contracted to convey the same toj
another upon payment of price; there are
provisions in the contract to the effect
that interest is to be paid on bonds first
falling due the vendee to pay expenses
of certain litigation the vendor to have a
lien on crops raised on the land to secure
payment ol this debt. Vendee dies, and
the heir, who is . also the personal repre
sentative, sues for an account and convey
ance of title, alleging that purchase money
ban been paid ; Held on exceptions to re
port of referee.
(1) lbat defendant was properly cred
ited with amount paid for keeping farm in
repair and providing for its cultivation,
and for certain expenses incident to liti
gation ; nor ought he to be oharged with
applying orop to payment of interest, as
t be referee charged him with the whole
Mum received from that source.
(2) Testimony of a witness to show the
agency of A, the defendant in the execu
tion, in effecting the contract of purchase
as bearing upon his general agency for
vendee in managing the farm, was com
petent ; and the subsequent agreement as
to rent, material to show the continuing
relation of principal and agent ; and the
proof in this case sufficient to show the
sanction of the principal (intestate) to the
agency.
2. A witness offered to prove a fact
which occurred out of the presence of, and
in no sense a transaction witn a deceased
person, is not incompetent nnder section
343 of the Code. It is only when the
transaction is between the deceased and
the living party, that the statute prohibits
the latter from testifying. (Ruffio, J.,
dissenting.)
Jolly vs. Bryan. 1. A tenant in com
mon, in the possession and sole enjoyment
of the common property, is not protected
by the statute of limitation from account
ing with his co-tenants fur rents and pro
fits. He is regarded as their agent, and
the statute will begin to run only from
demand and refusal to account.
2. He is also chargeable with interest
from the date ot demand or suit brought,
and in this case from 1873. when in the
proceeding for partition the defendant set
up the plea of sole seizin, thereby ending
the confidence subsisting between himself
and bis co-tenants.
3. The habendum of a deed, to have
and to hold said land with the rents and
profits, &a, does not operate to pass title
to rents theretofore accrued.
Stephenson vs. Seaboard and Roanoke
Railroad Company. A deed describing
the property conveyed, as "the following
articles of personal property, to wit.,
300 railroad ties" to be delivered at ascer
tain place, is not sufficiently definite to
pass the title.
Mauney vs. Coit. 1. Where plaintiff
sued defendant for goods sold and deliver
ed to A, it was held no error to admit
proof that the goods were so sold, before
establishing a partnership between A and
the defendant. The order in which evi
dence essential to a recovery in such case
may be introduced, is left to the discretion
of the presiding J ndge.
2. The test of a person being a partner
is his participation in the profits of the
business as such (involving also a common
liability for losses), except in cases where
the profits are looked to as a means of
ascertaining the compensation for services
rendered nnder a special contract.1 1 i ?
3. The charge of the court below upon
the law governing the formation of part
nerships, sustained.. T' 1 "
4. A note or draft received for goods
sold and delivered is not a discharge of
the debt, but the plaintiff, upon. sur
rendering the came or . proving its loss.
is at liberty to sue for goods sold and de
livered. , r , .
5. The statute of limitations begins ' to
run only from the date of the last item in
accounts where the items are parts ot one
continuing mutual account, and the same
may be inferred where each party keeps a
running account of the debits and credits,
or where one, with the knowledge of the
other, krepa it. .
""The Symbolic Number Seven. '
Seven was notonly frequently used as a
mystical and sacred number in the Bible,
but among all nations of antiquity where
the week of seven days was established.
The phases of the moon, changing every
seventh day, aud the observation of the
seven planets may have led to ; the
selection of seven . as a sign of comple
tion. .
The first use of the number in the Old
Testament is the completion of the - crea
tion in seven days and the appointment of
the seventh as a day ot rest.
An interval ef seven days elapsed be
tween the notice to enter the ark and . the
coming of the flood ; the beasts entered
by sevens ; the dove was sent out the se
cond time seven days alter her first mis
sion, and the ark resttd on the mountains
of Ararat on the seventh mouth. Then
we have Pharaoh's dreams of the seven
lean kiue and the seven fat kine ; the
seven empty ears and the seven good
ears.
The two great Jewish festivals, the
feast of the Passover and the feast of
Tabernacles, each lasted seven . days,
and there was au interval of seven weeks
between the feast ol Passover and Pente
cost. . Tbe seventh month ushered in the
feast of Trumpets ; the seyenth year was
the Sabbatical year, and the seventieth
year was tbe year of Jubilee.
The Levitical purifications lasted seven
days, the same space of time was allotted
or tbe celebration of weddings, for tbe
days of mourning and for the ceremonial
consecration of the priests.
seven victims were offered on special
occasions, and the seven articles presented
in sacrifice were oxen, sheep, goats,
pigeons, wheat, oil and wine.
In tbe taking of Jericho tbe city was
surrounded seven days, and fell on the
seventh day at the blast of seven trum
pets, borne around it seven tims by seven
priests.
In the Apocalypse we find the seven
churches of Asia, the seven seals, tbe seven
vials, the teven angels, the seven spirits be
fore the throne, the seven horns, aud the
seven eyes of the Lamb.
The seven virtues are faitb.hope, charity,
prudence, fortitude, temperance and in
dustry. The seven daily sins are murder.
lust, covetoukoess, gluttony, envy and
idleness.
The seven prismatic colors: red, orange,
yellow, green, blue, indigo and violet. '1 be
seven bodies in alchemy ; the sun, gold ;
the moon, silver; ft ars, iron; Mercury,
quicksilver; Saturn, lead : Jupiter, tin ;
and vetius, copper, ine s-ven ancient,
sciences : grammar, logic, rhetoric, arith
metic, geometry, astronomy and mnsic.
The seven stars ; tbe cluster of stars in the
neck of Taurus, called Pleiades. .
Tbe Seven hilled City ; one ot the
names by wnioo nome, me capital oi
ancient itala, has tor many ages ben
designated. It was built upon seven hills,
namely, Palatine, Capitolme, Quirinal,
Csalian, Aventine, Virminal, and Eequi-
line.
The Seven years' War : a war between
Maria Theresa, of Austria, and Frederick
Great, ot Prussia ; a most terrible contest
for the possession of Silesia.
The Feast of Seven Dolors of the Virgin
Mary a modern festival ol tbe Roman
Catholic Church. Tbe Seven Dolors are
the prediction of Simeon, (Luke xi : 3 4;)
the flight into Egypt ; tbe los ot Jesus in
Jerusalem ; Jesus bearing bis cross
towards Cavlary ; Jesus upon the cross ;
piercing the Saviour's side, and bis
burial.
Tbe Seven Wonders of the (ancient)
World : tbe Pyramids ; the Mausoleum,
erected by Artemisia, the Urn pie of Diana,
at Ephesus ; the walls and hanging gar
dens of Babylon ; tbe Colossus, at Rhodes;
the statue of Jopiter Ulympus; tbe
Pharos, or watch tower, of Alexandria.
Fhe Seven Wonders of the (modern)
World : the Colieum, at Rome ; the cata
combs, at Alexandria; the great wall, of
China ; Stonehenge ; the leaning tower of
Pisa ; the porcelain tower ot Nankin ; the
mosque of St. oopbia, in Constantinople.
Tbe Seven Wonders of North Ameriea :
Tbe Falls of Niagara ; the Great Lakes ; -
tbe canyons of Colorado ; Yosemite
Valley ; the big trees of California ;
Yellowstone Park ; Mammoth Cave, Ken
tucky. Seven champions of Christendoms : St.
George, the patron saint Of England ; St.
Denis, of France ; St. James, of Spain;
St. Anthony, of Italy ; St. Andrew, of Scot
land; St. Patrick, of Ireland ; St. David,
of Wales.
The seven wise men of Greece and their
maxims : Bias "Most men are bad," Chi
le "Consider the end;" Cbeobulus
"Avoid extremes;" Periander "Nothing
is impossible to industry;" Pittacus
"Know thy opportunity ;" Solon -"Know
thyself ;" Thales "Suretyship is the pre
cursor of ruin." Abbie Clemens Morrow,
in Nino York Advocate.
ii n i '
IS?" It seems that driving belts of Ital
ian hemp are 10 per cent, stronger than
those made of Russia hemp, and that
similar belts made of cotton stand only
about half the strain necessary to break
hempen belts.
Prof. Atwater states that tbe best ra
tions for a cow in full flow ot milk is 100
parts of corn meal (by weight), 80 parts
bran, and 65 parts decorticased (huskless)
cotton seed mesh
tUf" Lately in London, England, a med
ical society obtained evidence . of severe
lead poisoning having been caused by the
use of fashionable hair-washes."
ence square. jane 17-tr