T
"SALISBURY v NO. 14. ' 1
1 s
VOL. V.
PHILLIPS & BROTHERS,
riro doors a hove the
Court House, on Main Street,
Ii:n I(N TUHIK THANKS TO TIIK
It imlilic for,tae very -liberal pairouairc en
joyed l) theni during Ihe .n-t year, ami hope,
b.t fiiir ili-nlinr nml strict attention In business
t merit a foiiiinnaiicc, if ui mi increase ef the
name
We w ill continue to keep on liatul a good nun
Mil ill FAMILY GROCERIES
elndlug
Freeh and Salt Fih,
or kVkuv vahiktv
A
HOOTS, BHfteS, DOMESTICS,
PIECE GOODS,
YANKEE NOTIONS,
in fai t, almost rvervthftigiiMlly kept in a va
rifty Store, .d.. which we will sell low for
Cash, or Country Produce the high
rst market price.
They aLo offer for sale on private terms, an
EXVE-M.EXT hHKI.LISH llttl si: with
large coin fort aide' IIik uis Cook -ami Dining
Idioms, with necessary mil liuililitigi. Attached
to the dwelling in a store room '.li feet wide by
70 feet ileep, wfth a (torn Smith Shop iu. the
rear The lot on which suiil huil.hii!- are situ
ati il U 70 by 450 feet, and affords an exeellent
(tanlen ipot.
Partiea wishing to purchase will pb a- e call
at the stare whf re lite premises will be 1 1 w 1 1
toth m by one ol Ibf linn, nml term" made
easy. ' PHILLIPS A MtoTII tilth.
Feb. JH. JH70. 7 tf
'HE ADVANTAGES WE ENJOY
as the result of a long established
end successful business, enables us to
offer inducements that makes this an.
nowncement worthy of
ATTENTION.
mportng cur foreign goods direct, i
Controlling many leading styles of I'
American fabrics, employing the best J
artistic talent in the production of our
goods, and "constant progress" our
motto, we claim to lead the market in
READY-MADE CLOTHING,
of Which we keep full lines of all
grades, for Men and Boys.
In
CUSTOM WORK
our products are unsurpassed for qual
ity, workmanship and elegance.
In
GENTLEMEN'S FURNISHING GOODS
our stock is constantly large,, and sea
sonable, We are the sole manufac
turers of th
which we supply both ready-made and
to order.
Prices uniformly low.
Gentlemen vwittng New-York are re
quested to call and have their meas
ures recorded upon our books
System of Self-Measurement, and
other information promptly furnished
when desired.
Ad dress Box 2156, New-York P 0
DEVLIN & CO.
CLEMWIOHrs STAGE LINES !
WARSAW
To Fayetterille.
T EAVB Warsaw fur Fayottevillb daily e
L-i cept Sunday. If you are- in Western. N.
Carolina l'o to Kaleiirh and procure a through
ticket Tn rnyenev,Ue l;.r r Thn..Tgh Tirhers
from Goldsboro via M arsaw. to tnyetteville. ,
$6. Through tickets from' AV cldon to Fa,yejh:
villeflO. Ttroiigh tickets trom iliningion.
via Warsaw, to Fayetteville, ffi.
CUAltLOTTE TO TTAf)ESBOKO:
Leave' Charlotte after trains from Kaleigh
and Columbia, via Monroe, for Wadesboro
Tuesday, Tbnrsday, and Saturday Iave Wo
desboro', Tuesday, Thiirsdny. and SaturHay. aft
tar arrival of trains .'intl Rtage from Wilmington. I
Head of Chatham Kail lloau to j. no.
K. 0-, daitv except Sundays.
Leave head of :.'hnthaui Kail Road after ar
rival of bain from Raleigh.
Leave .fonei.boro' after arrival of train from
Tpyrptteville.
Cleuirrumj? Aeenmmnd.ition IJns
Between Salem and !;igh Point, will charter
Brage
act."
ret at all hours "Cheaper than the theup-
Ofiiee at Itatm-r's Hotel, fatem, fi. C
Fl T. CLK.MM0N8,-
faat LJ59s-4f Contractor.
Sgrs o rare Bred rmney Pen! try
rJR HATCHING.
Wl hav n hand the largejit and bed celeclicn o
rase. PnnUr tt be frmnd in the ennnlrr Htrtc"
.HjtUpumvvtrtTkwi
rr. Vur cirooiart ana prree anwnm
v. . BOTKR A- CO.. I
Jiajcbaej. Cfccetcrcc..Pe.
HO WER TON'S COL UMN.
$25,000 Worth of GOODS !
JI ST ARIWED FKOV EV VORk
THE MOST COMPLETE STOCK
goods ever offered iu (bis market at
tine, bought lor uami, aau alter
a heavy decliue in prices, whereby ihcy can
nml will be sold lower than any in the mar
ket At Hoarrtou'.
A LAKOE SUPPLY nfParofiW, Wax nml
Sperm '.-viillcs, jttwt received
At lloirerton's.
A large nnd Freeh supplv of Candies, NuU
I ami Fruits just rcttived ami for -ale
At Iluicerfon's.
' A large lot of fanned Toniatnr, tureen Corn,
Peaches, Pine Apple, Salmon, Lobsters, Oys
lent and Sardines for nftle
At HotrerUm's.
I dual lb ,. n.d. a laryc Jot of i.u-hm Cheese,
; of superior ipuatitr
I At Hotcerton's.
A large lot of Fresh Family (iroecrits of r
ery description, jul received
At Howerton' s.
A new -upplv of thnt nuiieriir-eveii-vear-olil
' Kfiiliirky-Wlual-Wbi-key, for mnlieinal
pur-
po-es oul, juHt recoivi'ii .imt lor sale
At TTowerloVi.
Fancy and Startle Prv Goo.N ol everv de-
scrijitipn an I variety At Ifr'nrrrt.nM
An elegant assoi tment ol Boot and hoi's
Al fntrrrtoti t.
A splendid assortment ol Huts am) Caps
Al ItH-trlmi's.
An assorted lot rf Hardware nnd Cuileiv.
Al I u a rt Ion .
A rerr siinir!(ir lot of Oileel:sw;ilH China
. - i -
and Deif Al llnrrrtnn .
All grades of Sugar, C'jffee, Ten ami Molas
ses At UowtrUtn' .
A Choice lot of Cotifectionei ie?
At lluirtrlori.
Fine and Common Tobacco, imported Ha
' vanna, Hegnlia, Prinoipe and I'. S. (Jr.int Ci
gars At Ho ict r ton's.
A complete- assortment of Liquors ol all
kinds ami. jtd " At Hotvertont.
For Medicinal purposes only Moore's cele
brate i seven-year-old' double - rectified - Ken-
t ucky - Whiskey perfectly pi 1 1 e.
A I Howertoris.
i
i
Every raufty of Yankee Notions,
In fine bis stock lias been selected with
I great care to meet EVEK U ANT.
I flf" Hall n1 avseilaa el ii wilt nnt nciat
ajjjjay van essiw v;i-'w 1 . " wmw
you anything to do that Bui Don't 9sr
Crtdit. His motto is ."PAY AS YOU 00.'
IWCOl'XTIiY PRODI CE of every
description taken in exclumgt.
IW Rank
ll.,i -i Mai k
Elites ana Oppci
t Kales,
takea at the
At W. H. Howerton'i,
SALISBURY,
9 -II
.V. c.
tilll
Nivtnibtr, ."), 18(
Advantages of Life In
surance. The North A merit a lii-iiram-e Company pays its
preiiiiutos prornpt.v witliout clinige.
'V. II. Htil.DKItXFss. Asent.
Xortli America bile Ins. Co.
Taomasviu.is. N". 1 '.
l), nr ,SVr : You will please accept my sin
cere thanks for your prompt pnyment. lcithimt
rlinrijf, of the jimouut of the policy of Insur
ance 011 my Husband's Life. ambnuting to the
ill 111 of three tlipu .and dollars. At your ear.
is.'-! and repeated soliijitatioii he was indnceil
to insure in your Company, ami now we are the
reeineitt- ol its.benelits.
T11 you and the North America Life In-nr-anco
Company we -hall feel under obligations,
such as only the widow ud fatherless can feel
ami express.
May you have slice in inducing' nthirs-t-HMnrt'
in your most liberal company, and may
the Lord, of the widow- ami orpnai s bless you
and prosper you iu your good work.
'MABIiABKT (.'. ItAKIIKR,
of ltowan Mills, N. C.
Mr. IloUcJrness is al.-o iigeiit for the Liver
pool, London anil Globe Tikk lii-ucanee Com
pony, which hi.-ui:cs iifl kinds of public and pri
viatji buildings, Hailmivd Depots. Ilriilges r'ne
tilrie.J. I'ounderies, Mills and Merchandise and
pays all i s losses pnuuply.
All letters addressed to Jfr. lloblerness. nt
Thoina.-ville, N. C will -receive prompt atten
tion, dee :t tf
Spring X- Summer Importation
1 8 7 0.
R I It H U IV S
MillinerT Elld SlW (xOOflS,
.J
ARMSTRONG, CAT0R& Co.
mroKTKKS AND JOHBIKS or
Bonnet Irimminjs ( Velvet RiUiotis,
Bonnets, Silks, Satins and Velvets,
BUimU, JVetta, ( V.inTt, Itnejtf FluKern, J-Wtthen,
Onwmi-nl', STRA IC BO XNfil'S AXJ
ItAl'lJS' JUTS, iTimmrd and uiurwatMit,
SHAKER HOODS, the.
237 AND S239 RALTIMUHR STUEaiT,
BALTIMORE, Mu.
Offer the largest stork to be fiuiml n this cean
try. anil unesiualled in choice varietr and aasMpacci
lirilers snlieiti'U. sod prompt attaution ist.
feb l9-2n:pd '
MANSION IIOUSK,
C H A R LOT T ri, N. C.
This well known House having been NKWIVV
KL'RNISHKU and Kr-fiTTED in every depart
is now open ior the accommodation of
x THE
TRAVKIal.IIVQ PUBLIC
-r " . . ,
taTOmnibus at lepot on arrival ol Trams.""
feb ttf y M. C. tXVLEH, Prtylr.
17.
All 1 a i n it liopeM for Apring.
WITTKO WSKY A R'NTELS
CHARLOTTE, X. C.
THE RESl'LT OF AX ESTABLISH -fd
and successful bmiiness. together wilii a
.steadily and increasing CAPITAL gives n
every season. Ielter facilitjeo to otfir greater
inuiioeiiiciiiM in our cusiomera. ootn I
induocmc nta to our customers, both Wl
war-
lire
now making extensive purchases, wbich.ow
j ing to the very large inerense in our business
' dining i)5!, (the tnr rrt.-rtts trill koit'17,
INNIiAcW of any Hohsc in the ciry, mid tiij
I Hr arc ttubhorn fact,) enables us to buy
1 with impunity as to iiimiitily. anil from fir-t
hands namely : Mauiifarturer. Iinpo'rtess
j.aud Commission Hohm-h. thereby saviug from
I III to per cent, over smaller buyers and
, it is this akvunthge that gives u the lead in
, this market.
OCR vmm K
i Will be completed, or nearly so, bv the 10th
... i i -i, i ,..
ol siarcn. atiu win emurace an classes ot
Goods necessary, either for Wliolrsate tr
lietall. to the inspection ot which we invitt
not rrnly Those coming to this nrirket to prir-
chase. but also thone on their wav to other
Inces for that purpose.
We offer mi baits ; our business will be
inducted in the futumTls iu the past, viz :
HOXOKABLK COMPETITION
AGAINST IMPOSITION.
The Dry Goods Department
Will be com pie'
est of care as to
and selected with thegrent
style, ipiality and priee.
Clothing Department
! "I Ilia!
a speciality, and invite the most
la -ud ions to call and Maitrme; r
Boots and Shoes,
Will be bought mostly from manufacturers
iu Boston, and elsewhere, and we el-.i.n to
be able' to compete with all.
HATS
Will be purchase, 1 at the Brooklyn Auctions
and of Newark .Manufacturer.-.
Hardware,
SN?Jljr, V"1 VacUt c'uUy' wbo
fortlold, from the Importers.
Groceries-There's the Bob.
That line of Goods we buy in o uautitie
aeeond to no Hoiie in this City, (their sw
at rtion to thecoutrary notwithstanding.) and
at as low figures as a dollar, consisting of
UNI cents, ean buy. In short, cmnc and
look at our stock, ascertain our prices, cjnd
judge for yourselves.
Millinery Department
Is complete as usual, and is presided over by
. and is pi
J.IAMS
ior taste l
M'Ctfllliy
MIS HKT.SY WILLIAMSwhn is widely
1 - 1 -: - ..! J.. i'
uuur.u 101 uer suj
Hesiiec
WITTKOW
April I l.'l:tf CHAKLOTTE. N. C.
BEYOND DOUBT
The Connecticut Mutual
IS THE STRONGEST
LIFE
3nsurancc Comp'n
I3W THE WOHIiD.
Acquired f'npltal over $'.'!I,oihi.imio
Katio nf expeu-es o total receipts ill l-il0, only
h sip p.T cent .
Its ratio of'Assets to Liabilities, a- measnnd
by the New York Legal Srandiirib i-I.V..'iii pei;
$Ul0; audit grants all desirable I'orm-ol In-ur
aiice upon strictly equitable term-, and at Ibe
cheapen! atlanuldcrjite oj eijst.,
J;. I. WAIT, (Jen A gent .
.prl ly When, Kaleigh, X (
Wanted-
SOKNTS-7A in 200 dulla.i pt
nl',, srstytrltert, mill, anil frttinit
to ititr. du
fXVTtt 1
.th.-liKNI'IN Ull1 0V Efl COMSMMMINsr
WlNd MACI1INS 'hit M trl In. trl-1 M.t.k
i. k quill, r-.rJ, b't.d, ItsM ami rmlirolil'r In
r.n.
ri r idh ne . Pile- i-ntji Bpliln n ;.r.
rullf wnrisnU4.for tlr.v.srt ft III , One TtMins-
11H Uellft r'.r ant-mac Ine that ' 111 f.ir a s' rrv fr. n.-er.
hrtoutifiil, i,r mi. rr Is-lle aeam than nra. It aill mae
llm ' K'aallfl l.--cat I'cit " Kvry a.ouil .lit h tutn b.
cut. ar.il till 1, a ol.itli cannot br pull.il apa! wlan nt tear
iiitl . WV piv aprn s frmn T t" lilsi ptr nivuili and
IH.'1-t.a. or a cunei hfton from ul.l h inlc thai tinoiirit
csii jr miilr. Ail r r, SEitlMII (),'.. VITTrflllHO, P.I..
BO-ToN. MSS , or T. I.OlliS. MO.
s-fjs
I I IO 11. n . . I nl, ic nta aclrtnf Sf.i-IJrxa
1. j ci 11 iilif.m a OtirTiachaH ut .jfri r j - -
al not 1 ol'l oeatlvnt r.a,onallt. r
irnrthlaaa Ma. Ii n.f aoM I..T ,lli r i-itrtl.a, an .hall p nta
Jlll. all part:.. a.l Init or usl- g Marl, Ins, iintttT tikis namr
to the full tat nl of lha law, , n .a. sitrh M ..t-.h ea are , b
Mltied frcai ua or oar aim.ta. It.i n,.4 Iw. hn natl p,w a
lr paritea who copj oar aarertla-tnenl .nr) tCtaail.ra ami
, IT- r worthless machines a I a '.twa P'loa.
IfifMS U AMI I) rr.rrwh.ra to sell tbe Awver-
iean K' Itlina Ma hlo.-, II, c ,,,yly I rai Ileal Fn,lv Rnlitlnk' j
knit tll.tasi atllct, . r minute. Ail,lr-a AMKItl AN '
KMIllJIi JIAllll.Mt OO , IKlMon, Alas., or S' Lsn'S,
Ma. mull -.;,
WILLIAM VALENTINE,
TIIK BAKBttK,
Tt BTTTRSS HIS
TURN'S HIS THANKS to hVs OLD
FRIES Its and the Ppblie for the libnml
jitttronajre heretofore extended to him. He now
informs I hem that ho has fitted up a uesr ami
commodious
bop, in Br. Henderson s
Brick
Bnilding' Boom BTo
where he
won Id bt
l
irtiarantee
to cive satisfi
action in every ease. !
He has In his employ of the best Hair Dressers
in Western North Carolina. He requests a cal
.., ...
Sal&buryL"K C ., Hoc. 17, 169. - 50 tf
MrsT HenryW. Miller's
Boarjding Hduse,
(JOH. NEWBKRN & PERSON HTS.
If W I K.I! IV, C.
fahii if
taaaCaaa m
(TI)c(DlbXoc
I'l HI l-ll I l
1KIIKII WKt'J
T
!r.
K
It.tTKH OP SI B HtrVriON
Ose Vr.AK, nayible in adftta. ...
t3Wi
. 1.5
v:o,ii
Six Muni us,
" ( '. .pies to on.- address,. ,
. . . . . .it
ii v opios IO OHO DUITI'?B.
(. c Aileei
S-Ofc
i.MMMM.. Irrs InwrtW,.
.fi.mi
y.,r
ach auililioiial nisirtiii. .......
.HI
cut
Special Botices w ill be charged St per
higher than the above rates.
Court and .lusti.-i-'s Orders will he isjblish
ed al the mime lutes with other advrtie-
meiits.
Obituary notices, over six liues, chatzeil
a- advertisi inents.
tXTRAt'T RATES.
1
pr
I
.-0)v sW'!
1 xpiart
4.KI iiv
' 'A'Vl IK) .1.1 1.
I ' im"()(Ni MiTiij
r. !
aies. H
Oil i 00
INI II IK)
I saoMa
1.1 m 25 1
M 1 1
I Column.
Column.
I Column.
II INI Mi I'M I
IS OO "JA IN)
2c! UU 41) Oil
:ii) ill1 l.i IN)
7."i.(N)
.Ml l -(l (Nl i:MJO
Tlii; 1 llll. lis PRAlER
Through nil 1!,, gathering mi-tsif age,
One scuie and sea.on lingers Jet ;
The first enstamped on memory 'spnge,
The last I ever can forget; 1
'Twos when the orb of day ib elit-d
ileiieath the many coluretl west
I'd seek my mother's kmc, and and
Cpon her hosom perfect rest ;
And when the -t;;rs began to siiii 1
From out the ether, blue and 1 ep,
Repent the prayer whose opernjij line
Was "Now 1 lay me down to s p." -"
O, childhood hours how calm, h w bright!
How like a dream they pajse4 swayi
That mother siuik to sleep one aaiht,
And woke in everlnstinx day fa,
Then, manhood, with its perifc, (vae;
Its high-wronght hopes, iu f& dedrcs ;
Ambition s fervid, nnenchlensdcjhe.
And passion bnlefnl furnace 'i
Amid temptations fierce audi
"If thus I sin, how ean I say,
" 'I pray the Lord my soul 1
Ai oCJnd u- flit, on silent wing.
The viewless ihesseugers of tenth :
Where health is now, an hour may bring
The burning brow and fevered breath ;
Ala, bow- many sparkling eycaj
That close io-night on seen taws mirth,
' Before another morn shall rise-
j Shall look their last on lliinp of earth !
i I know, ere morning dawns, for' me
; The silver cord of like may break ;
j O. Father, take me home lo 'fUSM;
I -If I should die lieforc 1 wike:"
I ;
! For "earth to ( artb. and diet to dusjf
j .Mti( Soon be i banted o'er eursod;
j Ami for the rest, wc can but 'trn-;
I The ever living Father, Coj;
). wwletime, faith ! v.'.;b'wbai dilight
I We near l.i. rivyfilcep alldjtiili
I When fii.ii.ls we love, with form- if lig4it,
A re .waiting on ibe oiler side' 9
When J i 1 . slew tide is ebbing ft.t,
And sense and 'thoiighi Un ir dirone forsake,
Jitj-then my earliest pr.iycr mjlistf
"I pray ihe Lord my soul iq take"
o i'l x k is 1 ik thk s 1 1 ; me cor rt
...
DEI.IVKUKD AT LAS T TKR.M, IN
HKUAIII) TO THK JCIMSIHC
TJOX OK i fU U rS OF PROBATE
OVICI; Al I K iNS To .-Ki'TI.K KS-;
-4-r-
TATi:.-- I
We publish the following opinion at-,
the rrijuest of n nieniber of the H tr in a
distant panCed' the State, who thinks it
will be generally iiiu'rcatiiig. I
Rodma.I. On .Inly 84tl, ISG9, lliC;
plaintiff issued a summons returnable .at
the regular term of the Ssjtpetior Coart of!
OranvilIe,and (Ued bis entrjplaint.in which
he alleged, in substance, that the defend- ;
ant, Surah, was t! e executrix ol'oi o Hu!- ;
lock, and had iuterninrried with the other
tlefi ndaiit : ib tC tin-plaiutifi' wrt' Lotli a
creditor and lei'-i.e of the testator; and
that dtenda'-ts were wasting the ( state ; i
and demanded judgment that the defend
ants account, and pay his debt and leg.v
cy, and that iu the meanwliiTiVtliey he en:
jujnt'd AlC .Hid a
receiver
appointed
Tilt' ill b llll.tlli.- put III
an
er, arfd
, which
the Jud''e cOntmuui an iniu
he b,ad previoiu ly glinted ; ftbm whicaf
1 ht. Vll'..t.ilriiitfl ntniealed 1
It is contended thdt ihe Court had no
jurisdiction of the ease, because original
jurisdiction 'of all proeeeilings'necessary
for. the 8"attl client of the-estate of a de
ceasi d p"rsoit, is, by law, vested exclu
sively in the Probate Judge. Section 17,
Art IV, of the- Constitution gives "lo the
Clerks of the Sn; erior Courts jurisdiction
f "ihe granting 'hi letters testamentary
and of administration, aid "to audit the
!fl.cour,u ,,f executors, administrators and
1 ,. j t u,-
) cuardi.ins, and ot snch other matters as
giiari.ians, ana ot sncn ouier matters as j
siiall be prescrihtjd bv law." The words
f t! s irrant of jurisdiction are somewhat
gem ral and indefinite, arid it was inlei.tl
el ( leave to the General Assembly, by
proper enact uieoU, to dt fine tbe jurisdjc-
tion wiih precision, and W prescribe the
mode iu which the pi.werhould be exer
c ted. This the General Assembly
1
v e
T-. . . .
1
" Ji
L
1 .0 .1 .
leep a
eepr
9
ans
tatioi
a - aw aBW ,ie r wt 1 -- .
I , inrl iniWC csperiallv 1'V the nrt ol
VVitlioatlJrfinUrtlfco.pahiculv ire
lions of this act, by w Inch lean dies are
given Jftreditors and Jefs.liMl pro
c edinga provided y ipHchn due admin
istnitiou by an executor or ndiniuiatrntion
may be euforced, it v ill 00 sufficient to
any that U ,'djii jai cvid nt to us that ihe
intent of ibe act was u.: iTllL J1 'lerks
ot .1.. nor ; -&t1gT.sl j.u.ruie-
1 lion 01 an proceeaings tor the si-muiieai
of the estates of deceased persons. With
out eaymg tb.it tin-(ieneral Assembly
might not, consistently w ith the constitu
tion, have given to the Judges of the Su
perior Courts some concurrent original ju
risdiction of -proceedings; lor the settle
ment of estates, we think their inteutiou
was (o give that jurisdiction exclusively
to the clerks, except (as will be piesently
explained when the remedy by injunc
tion may become necessary as a provis
ional one iu the course of 11 proceeding.
Iu everr case in w hich the Court of
Probate (the Clerk of the Superior Court)
IcangiiMut.adeqnate remedy, the party
...i.TZ 7. .7L..I.. . .1... , .fTT
! seeking,-it intist apply to that (. niirt.
I Tbtre may be cases iu w hich that Court
01) :;7.:,n can not givo an adequate remedy, lor ex
mi ..').iNrranfBle, it may in tin- course of the pro-
' ceedings become necessary, in order to
jroteci the riglits of one parly or the-oth-
- er, to nave an iiijiinclion, which the clerk
can not order. In that case the party
i needing it must of necessity apply to a
Judge of a Superior Court; but such an
I application would not oust the jurisdic
tion of the Court of Probate. The order
I for an injunction is a provisional remedy
j and must necessarily be incidental to the
main cause, which would -till remain in
I t
its original form ; the motion for the in-
junction bifore the Judge would not re
move the original cause of action before
biui, and the order for tbo iiijuiiethm
would be merely subsidary to the jmlij
iiientto be rendered iu the original pro
ceeding. It is true tbeCleik would have uo pnw
er to modify or vacate such an injunction, j
T ..JT .... . ' V
but application could be made to the
Judge at any time to do ho, whenever iu
propriety become, apparent through the
proceedings or judgments iu the probate
Court. 'I here mar be other orders be-
tur
."superior Court, though no other occurs
to me at present. But in all such cases
tbe order is made in the original proceed
nig
a ud is
a part ot tlic record in that
. a-.- a Ja .
proceeding. In ease of another appeal
--- tC 1 c .1. I... 1 t.
liuui Hie uittei 01 tile .Miour. so I1IUCII Oil-
1 , ,
lv ot the ease conies un .is is nceessarv
tor a decision upoti that order, the ongi-
y ... . ' -
nai 111 oceeu niir ii in in,- in uie t nun in
Probaf'ei and anv action may betaken
therein in the meantime, not inconsistent!
wi.b the orders nt the Judge and with the
law. t'on.-i ijiieiitly all returui upon the
' onlei-of the Judge must bo made to the
; Court of Probate, and if any further or
der be needed from the judge, application
, must he made by motion i.i the original
j cause.
In every attempt to Introduce n new
system of procedure by statute, much
I must necessarily be left not distinctly pro
vided for, and the Ceiifs are obliged grad
' ually to (ill up the details of the systi m
' confoiintibly tTi the gen era 1 legislative in
I U'lition. In attempting toaio n, the titgu-
mention ah inconcenttenti avails much.
I(y any oflier course than that which we
I liaveialuieateil as the proper one in this
! e.ise, the inconvenience could scarcely, be
avoir!
tied jof
having- parts of the same set-
Cements pe
"spcudiiig iu two different Court',
! uud ill two
entirely scnarate nroeeedinirs.
! ar rhe eaiue time, iii w hit Ii 111 iiln r 'ouri
i could, join more than a partial remedy ;
01 if the Judge of the Supeiior Court
should undertake to give a full remedy as
il was done by the former Courts of equi
ty, it .could only do fo by totally depriv
ing the P o't.ite Court iu the particular
ease of the jurisdiction expressly given it
hv statute, and debating much of the
I. un ful act ion of that Court. In connec
tion with this subject, we take occasion
to suggest to the Judges of the Superior
Courts the propriety of the greatest liber
ality iu allowing parties to anici d their
proceedings. ,
Our Opinion on this (iiestinn renders it
unnecessary to express any opinion on
the others which were debated by conn
sel. The-picjW'iit proceedings betajg oC-
raiH ,fion jtidke, should have been dweiiss-
cd. '..'
Per Ct'RIA M. Judgment rcversed,aud
complaint dismissed;
r
'iy
1 fells'
was asked bv an old la-
the
newspaper, and taking il
up, begat as tollou s :
Cast alight, yesterday mornincr, about
two o'clock in the afiernoon, just before
breapst, a hungry boy, about forty
years Hd, bought a flip custard for a
levy, ran through a hrijsk wall nine feet
thick, and jumping over It, broke his light
ankle off above the left knee, feel into a
dry mill pond and was drowned. About
fifty years after that, on the same day, an
old cat had nine turkey gobblers, a high
wind olew Yankee Doodle on a frying
pan, anoSknocked the old Dutch churn
,. .. ami L i 1 1 . 1. 1 i bam. . ,,, , tUn . I ...
" - -y
!1 "") wnere a Uear and dumb man
I was talking French to his Aunt Abe. '
o!l1 ,a"yi taking a long breath, ax
claimed "Du tell!"
j
' In California they make 350 gallons of
; aorgh
an-'land.
urn syrup to the acre, on average
w, j iMMiiniieraa niiuuetmii
. CAPTIONS
QJ Acfi and Resolutions passed by the
"General Assembly at the sessim of 1860
(file- l8(ljF
An actto charter the bank of Slate
vflle. y
An fct to atovftd chap. 3, acts of 1868
'69, entitled an aet to provide for the reg
istration f vot eia in all the special elec
tion in the State.
An act to enable the North Western X.
C R R Co., to complete the 1st division
JKf-mm, W- 1 m 1 m II ...pi
An act to amend the charter of the town
ol Salem.
An act to amend chap. 184, of the laws
ol 1868 and liC'J, 111 relation to school
examiner. .
An art to require a return by Justices
of the Peace.
An act to amend chap. 270, of the laws
of IS68 '6!.
An act to amend section 1, chap. 280,
laws of 1868 '69
An act to provide for the completion
of tbo Western Division of the W estern
N. C. Railroad
An act in relation to public printing
! n !' B r
of Xortn Oaroliua to examine applicants
-I CI s
for license.
An act to be entitled "an act to change
the rules of evidence in certain cases and
to secure the possession of lands.
An act to amend sections lil'J, 206 and
74 ol the Code of Civil procedure.
An uct in relation to the special tax
innuoy now in the Treasury.
An act lo enable the Wilmington. Char
lotte and Haiherford Kailroad Company
to complete their road.
An act to amend the law of divorce and
alisnony, chap. 39, Revised Code.
An act to amend an act in relation to
j special tax mncy now iu Treasury.
An act to raise revenue.
An act to amend chapter 111, of sec.
93, act 1869 and I860, entitled "an act to
provide procedure iu special proceeding
and in application for widows' support
and dower.
An act in relation to investments made
"7 pereon. of a judieiary character
Alt ! A .ItlllAMVO .1.1.1.... aI F
Au act to authorise Judge of Probate
to appoint trustees in certain casee. -
An act to provide taking depositions in
civil actions and special proceedings in
several courts of the State. .4,
tlccs Courts in certain cases , -
An act to authorize the W C Ac R R to
construct a branch road in direction of
Kast Tennessee and Western Virginia R.
K.
I . . . . ......
An act to require 1 lie dienuant in an
. - . .
action lor recoverv nl real rslntc ta me a
j uonj foygt,
An act concerning Treasurer of Town-
f ' . . , , ... , . if5
to the privy examination of married wo
men. An set to amend section 95 entitled an
net concerning tbe aetlleuicnt of the esUte
of deceased persons.
An aet to make uniform the modes of
procedure arising 111 certain cases unaer
un ordinance ol ihe convention, ratified
the lath day of March, 1808, respecting
the Courts of this Slate.
Ail act iu relation to the probate of
deeds of non-residents.
An act to be entitled an' Act to amend
sec. 283 of title XII Code of Civil Proce
dure. An aet iu relation to execution of pro
cess in eases where sheriffs are intercst-
cd.
An act to amend an act to establish the
days and places for selling real property
under execuliou, chap. 37, sessions 1868
'09.
An act lo regulate the act for applying
for pardons.
Au act in relation to official bonds.
An act to paythe expenses of idioU
and lunatics w htn incut led by counties in
certain cases. "i
An act to dcdaie. the law evidence in
-j-CeftatH cases. .
An aet lo charter a bride across South
Yadkin River.
An net to enable poor persons to appeal
to th'f Supreme Court iii State cases.
An act authorizing the traijnifer of coun
ty Charities of county Treasurer.
An act to repeal an aet which aulhori
zeg the Secretary of Siato to furnish sta
tionery to county officer.
Resolution to provide a home for the
homeless.
An aet concerning Election and Regis
traliou in the year 1870;
An act to amend chapter 29, laws of
1 800 61.
An act to ami nil section 10. chap. 165,
of the PublicXaw.,-1 868-69, entitled "an
act concerning Townships," ratified 10th
of April, 1869.
An act to amend chap. 70, scs. 83, of
the Revised Code, and sec. 6, of an act
entitled "an act to organize tbe militia of
North Carolina," ratified the 17ih day of
August, 1808.
An act in rtdation to taking and shoot
ing Mountain Trout in the waters of the
counties West of ihe Bine Ride
An act to prevent ihe sale of reversion
ary interests in llttmest' al lanfls.
An act to provide for the collection of
taxes by the State and several counties
of tho Mate on property, polls and in
comes. An act to equalise the expenses of
keeping op bridges in several counties.
An act to emend au act entitled an Act
in relation lo landlords and tenants, rati
fied the lOlh day of April, 1809.
An act in Itkxhn to Clay county court.
. . ,
r wii.i.ia' ttwwk - - -
An act to amend chap. SI of Revised
Code.
. An act for the protection of mechanics
and other laborees, materials c
Aa net to require Bank bille to be re
ceived in payment of debts dae the Banks
of this State.
An act to change the line between
Wilkes and Alleghany counties.
An act to prevent the sale of spirituous
liquors wjthin three miles of Silver Hill,
iu Davidson county.
dure.
Act to amend sec. 19, chap. 184, pub
lic laws- of 1868 09.
Act to incorporate the Valley Railroad
Company.
Act to allow euterers of vacant lands
furtheir time to obtain grants from the
State.
Act providing for the support of the
Insane Asylum.
Aoii.Ia PAdfilnliAn , . . . . 11 . . . . ! . . ..!..
j for ,he ,0rdieri of the war of ,8
An act to amend au act in relation to
the Western Turnpike road, leading west
ward from Asheville to Murphy.
Au act to change the line between tbe
counties of Surry and Alleghany.
An act 10 repeal chap. 240, laws 186S
and 1&69.
An act to enlarge the powers of Coun
ty Commissioners.
An act to make land owners, in certain
cases, consolidate the surveys o( different
tracts.
An act to amend section 18 of an act
relating to special procedure in cases of
mills.
"An act to incorporate the trustees ef
Franklin Academy, in Rowan County.
Senate resolution for the better protec
tion of married women.
An act to restore the credit of the Stato
and facilitate the construction of our un
finished Railroade.
An act to legalize certain official acts of
the Ch in mm of tbe late County Courts
in the State.
An act to protect tbo Bute's interest in
theN. C. R. R.
An ac"to repeal an act entitled an act
to protect sheriffs in the sale of lands for
taxis, ratified the 12th day of April,
1869.
An act to amend an act, to prohibit the
s.iUt.f iotoj.i;..g. yq within three
fflreeW ImfWeaieru X. C. Railroad.
,- A.O "e t ..1
I a iias.
Au net concerning the Registration of
Deeds and other instruments.
Au act to repeal the 9th section of an
act entitled- an act suspending tbe Code
of. Civil Procedure in certain cases, rati
figdyou the 22d day of March, 1869.
An act to change - the time for holding
tbe Courts in the 8th Judicial District.
An act declaratory of tbe cases to
which an act entitled "an act concerning
the settlement ef tbe estate of deceased
persons."
An act to construct and lay out a road
through the counties of Alleghany and
Ashe. -
Au act to punish persons for violating
r town laws of Salem, N. C.
1 tj() town jaw
Resolution for the relief of Henderson
and Enuis. I
A Mi.bkk.v Bluebeard. Dr. Wil
liam D. Potts alias Duvall an old resident
of X cwark, N J , has been convicted ot
the murder of his fourth wife at Janes
ville, Wis. Dr. Potts is a native of Hew
Jersey, and was born near Trenton, At
the age of fourteen he was known as the
"Boy Preacher," and continued in tho
I ministry until thirty years of age, when
he engaged in the practice of medicine
Dr. Potts came to reside in Newark ten
years age, and opened a botabic dispensa
tory at No. 140 Broad street. He bad
lived in Trenton, where his first wife, a
yojing lady of Pluiufield, had died sud
denly of mercurial rheumatism of the
heart. The first Mrs. Potts Was dead
about a year when the doctor moved to
Newark. He professed to cure persons
"of diseases by the laying on of bands ;
gave out that he was Ihe "seventh son of
a seventh son" ; and by these pretensions
and by his botanic dispensary succeeded
iu carrying on 4 profitable business. Ho
dressed in black, had a heavy beard and
long, well-cared-for hair.
He eoen made the acquaiuUnce of a
young woman of wealth, and married her
much against the wishes of her relative: .
Mrs. Potts brought her husband a con
siderable property, which he squandered.
After bis inariiage he lived four years in
Newark, and was forced to leave because
of the suspicion which the death of tho
second wife aroused in the minds of his
neighbors. She was found one morning
lying dead at the fent of the stairs lead
ing to her room, and was buried without
a ty satisfactory account being given of
her death.
The doctor then went to Buffalo, chang
ing his name to Duvall, and married a
Mies Katie King, who died two years ago
without any apparent cause. About one
year ago he was n arm d to a Miss Elisa
beth Moore, of Jauesville, Wisi. After
living with her six months, she was in
turu, killed, her death having been tho
result of poisou adtoiuistered by her hus
band uuder pretence of giving her a med
ical preparation.
Upon his trial for this murder, the doc
tor testified iu bis own behalf, and gava
an explanation of all the eircuiusUueee
surrounding tbe death of his wife.
The jury found him guilty nf the
charge, and the judge sentenced him to
the State prison. for the term of bis natu
ral life. ..
I
Ma . ' 'r 1 '. t , ' I
i .