davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
Bankrupt Sale.

In the District Court of the United States,
Southern District of Mississippi
In the matter of p,-
E. MOODY, Bankrupt III AruP'oy'
DY VIRTUE OF DECREE OF THE DIS
ID trict Court of the United States, for the
Southern District of Mississippi, rendered on
the l4th day of February, A. d. 1876, in the
above cause, the undersigned, assignee, etc,
will proceed to resell, to the highest bidder,
for half cash and the balance ON time, with
approved security, in front of the State House
in the city of Jackson, on
SATURDAY, 25TH DAY OF MARCH. A. ID.
1876,
the following described lots and parcels of
land, belonging TO the estate of E. Moody,
bankrupt. to-wit Lots Nos. To- 10, 70. u, -,
% and "a, in North Jackson; lots 1, 3 and 4. in
section 2, township 8, range l east lot l, in
section 2, township s, range east.
Map more particularly describing said
lands and by which sale will be made, will
be on exhibition at sale.
This is valuable property, suitable for build
ing lots, and very productive
JAMES d. STEWART
Feb. 22-w30d. Assignee.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
A. Il. Garter, vs. Preston and SIet
SON. No. ISAO.
Opinion of the Court bg TARBELL, j.

Preston and Stetson brought suit against
A. K. Carter on ii promissory note. The de-
claration described the note as executed and
payable in the county of Jasper. The note
was filed with the declaration. The defend
ant pleaded the general issue. On the trial,
the note was offered in evidence upon the
ground that the note offered in evidence
was executed and payable in the city of Mo-
bile, Alabama. The objection was over
ruled and Judgment rendered tor the plain
tiff Held
l. The note annexed to the declaration
formed no part of the declarationand cannot
be taken in aid of the pleadngs.
H. The general rule is that "A note or con
tract sued on must be properly described in
the declaration and another rule is that the
allegations aud proof must agree. In the
case at bar note eS ecuted aud payable at
Mobile, Alabama, was not properiT admi>s-
ible in evidence under declaration hich
described the note sued on as executed and
payable in Jasper county, Miss Reversed
and remdnded 10Th EeaUe to plaintiff to amend
has declaration:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15

tons on notice of IL the principal within a
rse-''nable time must notify the agent OF
has dsapprovai. That after being in
f.. M oi the sale it devolved upon Morgan
within reasonable time TO express his dis
stHt, and unless he did so it l. fair 10 pre-
sumo that he assented 10 the sale. And the
court explained TO the jury that the legal
rule was thar the question OF reasonable
iimr Ma p BE- determined By the circun-
The plaintiffs in error were cotton factors,
and resided in New Orleans, and the de-
PENDANT in error lived in Wilkinson county,
Mississippi. There was verdict for Nor
gan. Held:
l. Ratification of an authorized act by an
agent, by the principal need not be expressed
but it may be inferred from circumstances
After notice of the act, the principal
should disaffirm; silence will be regarded
as equivalent to approval. And where the
act was Il sale against instructions ON receipt
OF the acc3unt of sales, ii the principal
made no objection, but drew from the
proceeds OF sale, this would he ratification.
IL. The question OF reasonable time is
governed by the facts of the ease, the atti-
tude of the parties, and the character of the
business. In the dealings between Il cotton
factor and his CORES ondent there should
be prom ptneSs i'm Fesp0n ling to business
letters. And on receipt of the account OF
sale Morgan was entitled to no more time
than was needful TO examine the tendency
of the cotton market and conclude whether
TO accept the price paid or take the chance
OF rise in the market In this case he
could not keep the matter open more than
three months, accept the price and then
repudiate the sale. HeUersed and TemGRded.
&C hacl6Ie ford. vs. VI. G.. R. ~. Co.
NO. 1923
Scire .tacids to April term 1876.
Bank of mississippi. vs. stephen
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
Isaac Jefferson VS.. The State. No
1912.
On1sion of the Court by TARBELL, j.

Plaintiffin error was convicted of murder,
and by the jurv sentenced to Imprisonment
for life. The case as presented on the writ
of error was this: After the jury was i'm
panneled and the indictment read, one OF the
Jurors stated that he was one of the grand
Jurors who found the Indictment. This Ju-
rOr was discharged by the court, and anoth-
er Juror substituted. The prisoner did not
claim the right to challenge the other ju-
rors or anV other benefit because of this
change. Nor is it shown how he was in
jureG or prejudiced thereby. The witnesses
were placed under the THIe. One of the wit
nesses who heard a part of the evidence was
permitted to testify.
An instruction to this effect was refused
for the prisoner: that if, at the time of the
killing, the accused had reasonable belief
or i'm IMPRESSION of harm at the hands of the
deceased, then he had right to anticipate
the act and slay him. The fact was. that
the deceased had made an assault, in the
night, on the prisoners house, but was not
killed in the act but was killed probably
one hundred and fifty yards from the house
where the prisoner had followed him. No
one saw the killing. 1t was insisted that the
defendant was not in court when his motion
tor new trial was overruled. The order
overruling the motion is only contained in
the bill of exceptions. From the whole
record it was manifest that the prisoner
was present when the motion was acted on.
Held:
1. 1t was within the discretion of the
court to discharge the juror Immediately
upon ascertaining that he was not compe-,
tent. In this case there was no abuse of
the power. No prejudice resulted co the
prisoner; on the contrary, the presumption
would be that the juror. having been on the
grand jury, had formed an opinion unta-
Vorable to the accused. There is no error
on this point.
II. After placing witnesses under the
rule it is clearly within the discretion OF
the Court to permit witness to testify,
though he may have heard the evidence.
This does not render the witness incompe-
tent.
Ill. The instruction was too broad. The
rule Oflaw is that the danger must be pres
emf, active, apparently real, and imminent,
to create reasonable belief of danger. Be-
sides the Instruction was not warranted by
the facts of the case.
". The order of the Court in overrCiing
the motion for new trial cannot be certi-
fed in the bill of exceptions. but must be
in the record proper; aud this Court can
not review any order unless so certified.
The Court, however, was of opinion that
the prisoner was in Court when the motion
was heard. Affirmed.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
HAZLEHURST
MALE AND FEMALE ACADEMY,
ED. w. II. HEAD, A. NJ, PRINCIPAL.
ED. ], r. PARISH, ASSISTANT.

HNHE undersigned having associated them
il selves together in teaching, with view
20 establish frst-clAss school in the town Of
Hazlehurst, COpiah county, Miss, IN which
boys and girls may acquire an education
equal to that provided for in the usual curri-
eulum of colleges, invite general attention and
patronage They have had many years prae-
tieal experience in successful teaching, and
purpose 10 devote their lives, for the future, to
the business. They contemplate engaging IA
teacher of Music, and other assistant teachers
as needed.
This point, ON the N. o., st. L. g. C.. r. r.,
being heaIthfnl, accessible and pleasant, is
every way as eligible for a good school as any
place in the State. The basement Of the large
brick Baptist Church is being fitted up for
their use, and as soon as possible, they. will
have every educational convenience and APP
plianee for large number Of pupils.
Board, Tuition and all charges at lowest
rates. Full information given on application.
The first session begins January 10, 1876, to
continue sin months or twenty-tour weeks
ResDeetfuIly. W. H. HEAD
ian 2l-3m j. r. PARISH.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
AN ACT to amend section 525 Of the Revised
Code of 1871


Code of 1871.
SECTION l. Be it enacted by the Legislature
Of the State of Mississippi That section 525
OF the Revised Code of 1871 be and the same
hereby IS SO amended that the petition therein
provided for may be filed in the Chancery
court OF tho county in which the petitioner
resides, or In which the infant may reside and
the said Chancery Court shall have full con-
current jurisdiction with the Circuit Court,
TO make the decree, order and judgment. which
by said section, The Circuit Court is author
1zed and empowered to make.
SEC. z Be it further enacted, That when
ever any infant so petitioned to be
adopted, shall have no parent or guard
ian living, then, return of proces
personally served on said minor the
Court shall appoint a guardian ad Iiteza
10 care Tor and protect the interest or said
minor, and in any petition so presented il
shall not be necessary for the petitioner to
state specifically what gifts grants beouests
or benefits he proposes to make or confer npon
such In iant; but il shall be sufficient for such
petitioner 10 accompany his petition with a
schedule of all his or her PROPERTY. real and
personal with valuation thereof, and also
schedule of all debts due or to become due bv
such petitioner, and all membranes which
said pf operty may be under, which schedule
shall be under the oath of petitioner
SEC. 3. be II further enacted. That the Court.
II satisfied after hearing the proof, that the
allegations of the petition are true and that
the interest and welfare Of such infant will
be promoted by such adoption may decree
that such child be adopted by the petitioner
that the name be changed to the name pro-
posed, and that said infant shall hereafter be
called by that name. and that said infant, so
adopted, shall have all the rights of Inherit
ance, descent and distribution, as to the said
petitioner, of a natural born child, and no
more; and shall be thereafter subject to the
same power and control by said petitioner or
petitioners, as children are subject to Fy their
natural parents.
Approved March 9th, 1876.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
PROCLAMATION.
5000 REWARD.


WHEREAS, 1t appears by information re-
wv ceived by me, that JAMES TRAMMEL
stands charged, in the county of Lafayette,
Mississippi, with the crime Of murder and is
still at large
Now, there fore, l, ADELBERT AMES, Gov
ernOr of Mississippi, do offer the above re-
ward for the arrest and delivery of the said
JAMES TRAMMEL, to the sheriff of Lafayette
county, Mississippi, payable upon conviction
thereby And do moreover require all Ottl-
GERS of this State tie be diigent in their efforts
to arrest said might've, JAMES TRAMMEL.
Given under my hand and the great seal
IL. ST. of the State affixed, at Jackson, this
9th day Of March, A. d. 1876.
ADELBERT AMES.
By the Governor:
JAMES HILL, Secretary Of State.
DESCRIPTION.
Age, about twenty-five; height, about FIVE
feet six inches weight, one hundred and for
ty or one hundred and fifty pounds; complex
ion, light; eyes, blue; hair, sandy, usually
uncombed; whiskers, very light color, more
like hair covering his face amber generally
on whiskers and face, about the mouth talks
slow; downcast cOuntenonce.
March 8, lS76.-w3t.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
To Whom it May Concern.

JACKSON, Miss, Feb. IL, 1876.
NOTICE HAS BEEN GIVEN this day, that
In the St. Louis Mutual Life Insurance Com
pany, and the Mound City Mutual Life Insu-
rance Company, both of St. Louis, Mo-, will
withdraw their deposit from the Treasury,
six months from the date hereof
W. L. HEMINGWAY,
State Treasurer.
February 18th, lS16.-w6m.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15

The greatest amount on any one risk Is $50
000 but will not as general rule exceed $l0,-
O00
The Company has no general rule to the
amount allowed to be insured in any city,
town, village or block, being governed in this
matter, in each case, by the general character
of buildings, width of Streets facilities for put
ting out fires, etc.
This Company was Incorporated under the
general Insurance Law of the State of New
corporation, September 9th, 1853, an attested
copy of which, as amended, filed heretofore.
STATE OF NEW YORK,
CRY AND COUNTY OF New YORK.
STEVEN CROWELL, President, and WILL
LIAM Z. CROWELL Secretary of PHENIx In
sworn depose and say, and each for himself
says, that the foregoing is true, full and cor
rect statement of the affairs of the said Cor
poration and that they are the above described
officers thereof.
[sIGxED,l STEPHEN CRowELL, Pres.
w. r. CRowELL, Secretary.
Subscribed and sworn before me, this 1st
day of February A. D. 1876
fsIGKED.1 FRANCIS P. BURKE
fsEAL.l Commissioner for Mississippi in
New York
STATE OF MISSISSIPPI, Set
IW.H. GIBBS, Auditor of Public Accounts
of the State aforesaid, do hereby certify that
the foregoing copy of Statement of the Phenix
Insurance Company, of Brooklyn, NJ I. is
truly and correctly copied from the original
on file in my office.
Given under my hand and Official Seal, at
[sEAL.l Jackson, this 1st day Of March,
is.d sas Auditor Of Public Accounts.
BARROVVs AZ sMYTHE, Agents.
Jackson lAisS.
March 9, 1s76.-w3t.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
Trustee's Sale.

DY VIRTUE OF A CERTAIN DEED IN
L Trust executed by the Jackson High
School to the undersigned, as Trustee, dated
- day of November, 1875, and duly recorded,
to secure the payment of a certain note there
in specified, to T. K. Helm, Treasurer of Oak
land College, l will. at the request Of the said
18th day of March, 1876, within the hours pre-
scribed by law for SherifFs sales, in front of
the State House, in the city of Jackson, sell,
to the highest bidder, for cash. the following
described property, situated in said city, and
whereon the said Jackson High School is sit
uated, to-wit: Lots Nos. and q, North, and
the tenements situated thereon.
The title to said property is believed to be
good but l will convey such title only as is
vested in me by said Deed of Trust.
L. J. WHARTON, Trustee
Feb o-6t
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
To Whom it May Concern.

OFFICE OF STATE TREASURER,
JACKSON, MISS, March I'd, 1876.
NOTICE HAS THIS DAY BEEN GIVEN
~ that the GLOBE INSURANCE COMPANY, of
Chicago, viii withdraw their deposit from the
Treasury, SIX months from the date hereof.
VIM. l.. HEMINGWAY.
Nch 3 '76-w6m State Treasurer
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
AN ACT maxi

AN ACT making an appropriation to pay
salaries of State Officers and Clerks.
SECTION l. Be it enacted by the Legislature
of the State of Mississippi That the sum of
five thousand dollars is hereby appropriated
to pay salaries for January and February, of
the State officers and employees, and this act
shall take effect from the date of its passage
Approved, March 9th, 1876.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
AN ACT to amend section 2377, article eight
chapter ffty-three, Revised Code of 1871.

chapter fifty-three, Revised Code of 1911
SECTION l. Be it enacted by the Legislature
of the State of Mississippi, That section 2377,
article eight chapter ffty-three, Revised Code
of 1871, be amended as follows: Provided said
road overseer shall administer 10 said ap-
praisers, before they enter upon their duties
as such appraisers, the following oath or af-
frmation: l. A B, swear Tor afirm) thatI will
we'll and truly, without partially or preju-
dice, value and appraise the timber, the value
of which | am summoned to assess, as the same
shall come to my sight and knowledge, and
wi II in all respects perform my duty as ap-
praist>C TO the best of my skill and Judgment,
30 help me God. Provided further, That said
road overseer shall keep minutes of all the
proceedings had under this act, containing
the day and date, place of meeting, the names
of said appraisers, and amount assessed as
the value of the timber; the original whereof
he shall sign, and file with the clerk of the
Board of Supervisors of his county, and a COPY
thereof furnish 70 the owner or owners of said
timber; and the same shall constitute claim
against the county, which shall be acted upon
by the Board of Supervisors, and allowed as
other claims.
SEC. 2. Be it further enacted, That this act
take effect and be in force from and after its
passage.
Approved, February 28th. 1876.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15

commissioners Sale of Land.

AMOS r. JoHSsToSl chancery, Court Of Kinds
No. 81 VS.. county, LIST District J an
HowKIL HOsss uary term, 1876
TN PURSUANCE OF A FINAL DECREE.
Il rendered in the case above stated al Janu-
airy term, 1876. of the Court aforesaid, dated
9th January, 1876, the undersigned a Special
Commissioner appointed in said cause, will,
I oNTHE sorH DAY OF MARCH NEXT,
in front of the State House, in the city of Jack
son, at the hour OF II O'Clock NJ, proceed 10
for cash, the following described lands, situate
in said State and county, and known as the
- Hobbs plantation, or so much thereof as
may be necessary to pay the amount decreed
to complainant, ($lS75) and all costs, viz
Lot No. two section No thirty and the north
half of lot No. 3 Of section No. thirty. and
lot No. one, of section No thirty, and the
sOHth half of the east half of the southeast
quarter of section No. nineteen, and the north
east quarter of the southeast quarter of sec
ton No. nineteen, and the west half of the
southeast quarter Of section No. nineteen, and
lot No. five, of section No. twenty, all in town
ship No. q, of range No two east: EXCEPT five
acres in the west half of the southeast quarter
of section No. nineteen, occupied and owned
by one Bette Moore; said lands containing
in all, FIVE hundred and twelve acres, be the
same more or less. The title to this property
is perfect but l will only convey TO the pur-
chaser such title as l am authorized to convey
by Wrtue of said proceedings and decree.
ARCH. MEG EHEE,
rI Commissioner.
Jackson, March l, '76-w5t.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
NEW ADVERTISEMENTS.
For Sale.

hight ACRES OF LAND, just outside the
II corporate limits of West Jackson; seven
acres cleared, and in cultivation; one acre IN
fine forest trees; also, 100 good fruit trees,
three years old, on the place. All under good
plank fence, and will be sold low for cash
Apply to 2. 6. HILZHEIM, Ag't.
March 10 l876-d1w-wlm.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
Commissioners Sale.

PURSUANT TO A DECREE of the Chan
i Gerry Court for the First District Of Kinds
county, State of Mississippi, rendered at the
january term, A D. 1876 thereof in a certain
suit therein pending, numbered 24O, on the
dockets of said court, and wherein Lehman,
Newgass & Co. were compliments, and Yetta
Hirsch, ct al, were defendants, the undersign-
ed as Special Commissioner of said court, will,
THURSDAY, THE 18TH DAY OF APRIL, A.
ID. 1876,
within the hours prescribed by law, and at
the front door of the City Hall, in the city of
Jackson, in said county and State, sell, at
public cutlery, to the highest bidder, for cash,
the following valuable lands, to-wit Those
two certain lots or parcels of land, lying and
being within the corporate limits of the city
of jackson, State Of Mississippi, and County
of Kinds, being the north-thlrd of Lots Nos.
g and g. three and six, of Irrational square az
one, south as designated on the map of said
CITY, and more particularly described as fol-
lows Beginning at the northwest corner OF
said lot, and running thence southwark on
State street, twenty-six feet and eight inches /;
thence eastward to Crescent street; thence
northward on Crescent street, twenty-s feet
and eight inches; thence westward to the
place of beginning; being the same lot occu-
pied by Richardson and Robinson, about the
Both day of August A. D. 1858, and the same
now occupied by G. d. Subway, Immediately
north of the property which belonged for
merly to John Martz, and south of that for
merly owned by William Morris and being
the same property which g. J. Shepardson and
wife conveyed or intended to convey to Leo
pold Hirsch, by their deed, dated 18th Novem-
Der 1866. and filed for record in said county of
Kinds. on 10th November, and recorded 10Th
November, 1866.
JOHN D. GILLAND,
Special Commissioner.
PITTMAN s. PrTTMAN. Solicitors.
March ID, lS76-w5t.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15
ASSETS AND INVESTMENTS.

Total Assets .........$2 l27 572 81
LIABILITIES
Reserve on basis AZ per cent in
terest necessary to re-insure all
risks, including full reserve for
policies on which Deferred
Cash Premiums and Premi-
ums in Transitu" are due 81 S52, 600 90
Losses contested ground of
fraud, etc, ......... 5000 90
Losses reported but not due,
proofs incomplete, etc..........,... 1850 90
Dividends apportioned and I'M
paid ACKNOWLEDGEMENT. 4,969 II
Total positive and contingent
liabilities SO, Sl9 II
Surplus on 4 Z per cent. inter-
est basis, beyond all positive
and contingent liabilities. 23l, 752 IS
W. C. CARRINGTON Pres't
D. ]. HARTsOOK, Sec'y.
STATE OF MISSISSIPPI Set
VII GIBBS, Auditor of Public Accounts
of the State aforesaid, do hereby certify that
the foregoing statement of the Piedmont and
Arlington Life Insurance Company, of Rich
mond, Virginia, is truly and correctly copied
from the original on file in my Office.
Given under my hand and official seal at
SEAL Jackson, this 9th day of March,
1876
GIBBS,
Auditor of Public Accounts
JOHN II. BUCK, Agent,
jackson, Miss.
March TO- 1876-w3t.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15

AN ACT to amend Section 2l51 Revised
Code of 1871, commonly called the Statute of
Limitation.
SECTION /. Be itenaoted by the Legislature
of the State of Mississippi. That Section 2l5l
of the Revised Code of 1871, be and the same
accounts in the fourth line, the words
accounts stated" and verbal contracts and
by adding after the word accounts" in the
eleventh line the words accounts stated" and
verbal contracts"
Approved, February 26, 1876.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15

Bank of vEississippI. vs.. stephen
Duncan. No. 99I4.
Re aYq1tnlent granted.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-15

schacI1IeGOrd. vs. VI. G.. n. r. Go.
No. 1875
iScire JGcidS to April term 1876.