davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
UiSHIYGTON NEES.
AN UNCONSTITUTIONAL QUESTION.

II1 IIIftFAFt 10 iIi' TItITU VI
WAsuINGTON. sept 12.-Socrcta-y Eyart' eaId
tonight that IN" international questions raised ~
the acts o. lctoriq and his band, whO make NeS-
leo an asylum after committing drpIeda'ions IN the
United Statcs will bc taken no Tor consideration at
the state Department. lie said tha not long since
the attention of the Mexican authorities was
called to the mailer and It Vas animated that thar
country miaht Doe hold e. b. making herself respon-
slblc for the depredations commttcd by the IN
dians. The relations with Mexico arc Of the NOS
friendly nature. ana whatever NAV he done or at
tempted. there IS no fear of serious international
COMPLICATIONS.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
THE ALABAuA FR4CD CONFESSED.

WAsmNGIoN. sept. 12-Ihe True Issue, X. Ran
dolph, Editor and proprietor, OF birmingham. Ala
baina. bears at he top Of IL editorial page the
names OF the Democratic candidates for President
and N.ce-Iresldcnt. It's leading editorial Is a.
follows:
Its amu .ng 10 read The many dereni reasons given
by The papers the vote "a Alabama IN the recent
election. sci-cely any q. tAcm agree. and an seem
anxious % PERSUADE thc world that tr"r'
true this would De damaging e.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
WASHINGTON NOTES.

WASHINGTON, sept l., 1850.
The following Internal Roycnue appointments have
been maie: Grangers-ChaIlc H. Morenousc KIN Dis
tIict OF New York and JACOB Bc3t District OHIO
SiOrekCt pru-W G.. Taylor, - District o. Ohio A;
Henry ". Owens, storek cpcr ami granger. YIth Ds-
tIict Of Virginia.
The Port Ofice Department announces that tho de-
arturo oi the City o TOXIC from Francisco
with the mails for CHINA and Japan 10 postponed from
the sin TO the 2Oi. inst
During the past week there were pad ont from the
minis SJ53.l96 in standard silver dollars. against
SD, 100 for the corresponding week ip / 70.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
THE POSTAGE on COPIED CIRCULARS.

TFLINEAFH
WASHSGTON, Sept 12.-Ihe question or
carrying foreign mails circulars maze by the Papyro-
graphic photographic and other dnpiicatr pIoresses
the rate xei for printed matter ha been under con
sidcraton by the postal authorities s"vera countries
VIII members ~ the International Postal Uni0n
tsoceny circulars from the central Office
OF the Union Bcrrc proposing ta- tDr lower raes on
such matter made unVcr.al and asking wore upon
the question. The Department here forwarded an
affirmative vote yesterday, PROF o-ing however that
The Eer rates pply only twent. of tGe
crciIars lnniltd II one time.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13

IN ne Houe Of Pcprescnf0tces. MGg2. 1860.
How loae Will be-, Il these fanatics O'nih power,
before negroes $40 elevated high official positions III
the government! How long Will II he before the Hon
POnpty Smash. Fred Douglass. or some other EuhJ-
beaded ,hictxippcd d,rky presents hiHs Il here.
redolcut with the peCular OdOr oi his race. claim
Is OF The peoples representatives! When We
fe,c; upon the STAT OF puoic sentiment IN sOc por
lions Of the United states. contingency may not
improbable remote gentlemen may suppose.
What prev it, If tne negro j. 10 he ia citZ ~
assessing equal rights with The White man
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
LYNCH Law ~ COLORADO.

Pueblo, COL, Sept. 12.-Yesterday a hardened
criminal kuown as "Niokel" smith taken from lis
home b, committee Of ciuz.ns and hanged fOr out
ragCOus assault
DENVER, sept. 12.-It is reported that Vigilance
Committee 10 De formed at Lcadyie and tha. there
Will be more lYnchiug there soon sixty stnnde aims
been tak"n from tue arinoy the PitEn Gugld4
for TIE u-e OF the GLANCE Committee Tho increase Of
has been great.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13

Wilton H. H. giyh an his lcr Of acceptance. JRB 30 $3.50
do noj doubt the DISCRIMINATING stcc 81 tncptoP,.
and their capacity FOR Intelligent self govern nent, ana
therefore 90 not dohbi fhe the Democratic
ticket. Iis success would bury beyond resurrection th'
sectional icaOuSies ana hatIeds which have long been
the chief stock IN The TRACE of pcsiicrous dcaaEogucS
and Othcr way can this be So ell ctuay accom-
nshCd. T. would restore harm and good feeling be-
twee eli ne ci0n, and make Us. IN fact as wei 40 N
~
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
DEMOCRATIC DEFINITION OF POPULAR sOyER-
IN De nonse Of R.preseataiires. IAN. 3. 1870.

In the House II Representatives.. i'm. 3 1870
Sir, | would vote Tor the admission OF Il
State with constitution recognizing TIE institution OF
African slavery Just a. quick with tIee-rtae CON
SttuiIOn Ii is enough for III" 10 know that the cors-
tuition - the and cst cXpr OF the VIII of the
people immediately Interested and II they choose
slavery that business aud will not interfere
with IT. FIR perfect equality between me states.
mi fuI true nOluLAr AnYereIgntY.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
uARNo>Y IMPOSSIBLE WITH TIE REPUBLICAN

III Ue Houss OF Hepse.clfaftr.s. Wog 2. 1880.
VIC nav ttmpogzr an pa on rae evil DAY iO" a sea
nUt me terrible explosion viii come sooner o. later
l. this j Sp9t OF sectional siIfc CONTINUES. To avert
20 Ore ca amliy We should not Oay dc ear, DGi anu
iilaic tLls Republican party party which lives and
Breathe and mas il being IN the agitation Of the
slavery question ana could H0' day Witnou H.
Wien tDat Is done. and not before, may expect har
aud gOod feeling 10 be restored between the
sections ana the country 10 have peace.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13

there than they IN Africa and. II set free. would
he too worthless and mprovdcnt take cf them
selves and would become burden and curse TO the
white people near whom they ght reside.
ncighhorhoOd of iree great pest in Tree
STATE. aud II clothed with ali the rights OF the whites
should regard the nuisance as iuiolcrHbie.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13

TCKEEToN, y. D., Sept. l2.-Brazc's mills,
near Osbrnyhc, were destroyed ~ fire yesterday.
There fire engine a band Tao liver bridge va.
also de- cd The mill Wa, vel stocked Loss about
$1,000, uninsured.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
UILLIAM II. ENGLISH.
NEGRO HATER AND SOUTHERN SYNlPA-
THIZLK.

TGK Man A PORTRAYED IN HIS owN SPEECHES.
FIRST. As OPPOSED 10 TuE PARTY or FREEDOM
BECAUSE IT IS SECIIONAT.'
TWENTY YEARS OLD CRY.
Ft1H H. Eagish en- tie Hnss Of Representatives Jan. 81
1850.
" * simply a question whether sectional
National men snail nave the organization Of this
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
CENSUS OF THE DISTRICT.

WAsHNGTON, Sept. I2.-Ihc official figures
colrilcd at thc Consus O:n of tn" population ~ BE
District follows: Toa!. t7763S. Of S3.50l
are males aud 0i,0ii female; II. .236 white AID
09,4O- co.orod; l6o,v-7 native ana lin iorc-l
hnr
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13

To truth is. the frc' negro, general hne. is hnhi
Govern. iS II: under Gyor' l' ci cln-
snCeS IN free STATES i sad ne hu three rca;13
lu %" iauf ut r., amhloutu pt q uO~. b'thr, .sr
. banjo and g. waite vic. thr iaf'iIoJ being hna
ri. tic Almighty : some WISE pur'o-'-" lir io'th
ai .i.Hss we'll "~e-!s to haye designed BIN rcgi"
lie mad Ai'u. al q, not m tlr power N AZ tao Anon
NunSts ana ncpaOca Oh earth 10 .;aAe Run ani iinE
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13

NEWPO.T, Il. l.. sept. l2.-Iho summer resi-
donce rcceuf purchased by Prof -aOr Alryander Agas
fz near Castle Hi burned 70 thc ornd tus morn
ing. II Professor Aaas>iz', house. and hal
never occupied -ince IL about five yru's
afO, - owner ni'ag been all IN Europe. Was Worm
about So coo; insurcd.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
Pr rrssrox or FRIENDSHIP.

N Ne }fntSC 81 RrprfseafGtircs my 1850
SIR because thc Democratic parry Ieinsc TO :ccoENi2"
The thc equal the White man. II i no evidence
o. t." hostility Of that party 10 hlw be lrVe me
Democratic parry lac his real friend and the Il pIDl-
can party Ll5 worst On my
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
LARGE sroREnoUsE BURNED.

BEAVER DAM Ky, Sept. pa large store
house belonging 10 q T. Barnard ha, been to'olly
consumed by fire The los, house goods IS from
s. 900 To $4,000; insured III the Queen of London
ana Fire Association of PM AIDE pima tor 50 900
Inc fire Is supposed 10 he the work % lnccndiary.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
I'M EErrnMcAN pAnIY Nor NArIoNAL.

N Q z V0isf y HcpTcsfff1f5TfS- NdV 2, lNbO-
II tins Republican party sts up any lrcttnce 70 ma
tiOnaiy II does nos know It's face" IL thinks It
has rot w1ite face but 1t mistake. There is no
NATIONALITY about II.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
sIANFRY 4 niVINE IVsTIrrrInN.

IN ne muse az HfrftSeft4srce, II ~ =. IS'V
tappcai 20 ns country ht Il. therefore. 10 SET th'lr
face AGAINST Ills whole au'i-.lsytTN agitation.
10 may b. tHat slavery this country j. tho ns'ru-
mrut 10y winch ana tIfoUgn witch Africa H. at Gst to Gee
t'ci up from her deeply degraded ana barDarOu; con
0ltiUD.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
SECOND. As A NEGROUATER.
4 GLORIFICAUON.

\ GIORIFCA1lON.
IN ne RoUsc Of HCHT,st ntdfirCS NGV 9, 1869.
| thank God ilat my constituents are white
frrcucn ana glory tne belief tht they VIII never
consent 10 be placed On an equality with Inc negro
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13

The tuth i. in his native Africa the negro ~ now
and has lccp u al axes tut degree removed IT, l
sc beasts of the f"ld and ir3ucasGhy Vor'r "ii
than slaves OF tHc South tht the true Ihi1nthrorN
may wrii thanh Providence FOR the institution o.
American slavery.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
THE FIRE RECOPD.
1N ANCADIA. Io-.A--Io.s 50. Goo.

Dies MoINrs, Iowa, Sept PA fire his
morning burned Peterson Bror.' hardware Store,
amt twelve otrcr BUILDINGS m Arcadia Carroll County.
The loss Is - 600; Insurance $500, winch a. 200
IN the Home Company Of Nea-ICik
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13

Diner (snifling). "Waiter-I really think
ma - B. not frcsbi Waiter. Yes sli-cin't answer
,,f INIT ar I've houly been ere week. sir r.
iFuLCa.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
HOUSE OF LORDS AXIoM.-PrcpOsscssio Is
Hno points al tD0 law PnncB.

QUOTATION ADAPTED TO INDIFFERENT SER
tICl. Al An OFi CROWDED SIPPEH.--MateF! water!
everywhere .Ad 80, drop 10 irinAl Anc.ont Man
ner. velY drvI -iP.i"""
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-09-13
IMPORTANCE OF LITTIE TrIycs

L'yts SVI n 10 MuIIcT az Nc BrOaUlV1V TIbcrn1tfe
tConWegatiOHdO.
Professor Il. II. Mathcr, of Amherst Coueee.
preached yesterday morning At the Broadway T,ner
naoie 70 large congregation He selected rs his text.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

A new departure frem the ordinar,
run OF affairs, has taken place in thi.
city. We have reference to the estab
lishment of Messrs. Brunson g. Cum.
mings, who have opened store where
you can, with little moderate cash,
purchase everything necessary to 90
to housekeeping with. These gentle
men are the pioneers in this business
IN this city, and we hope they will
receive the patronage they deserve.
Call in and take look at their 5 and
10 cent goods, and you will save
money. Tinware, Glassware, Wooden,
and Willow ware, and in fact every
thing you want can be found upon
their counters.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21
NOTICEIN BANKRUPTCY
In TIC District Court Of the United SttteS for tn
Southern District Of mississippi

In tAe District Court Of the Emitted Suites, for thu
Southern District Of Mississippi.
In THE MATTER OF
No. 1860 A. Simon & Co.,
Ia. Simon, Individually and as
member of the fln of A. In Bankruptcy.
Simon 4 Co, of Fayette, Miss.)
Bankrupt,
NOTICE Is HEREBY GIVEN, That the said
ed Bankrupt. has filed in said Court, petition for
discharge from his debts, whereupon it has been
ordered that hearing upon said application he had
on the 18th day of Feb A. d. 1850, at II o'clock,
a M before said Court sitting, in chambers before
J. M, Mckee, Esq, one of the Registers of said
Court i'll Bankruptcy, at the office of said Register
in the town of jackson, in the county of Kinds in
said District when aud where all creditors who
may show cause if any they have, why the prayer
of said Petitioner should not be granted and the
said bankrupt discharged from his debts, accord
ingly: Aud notice is hereby further given, that
the second and third meetings Of the creditors of
said Bankrupt required by the 9th and 2Sth
sections OF the Act will be held at the same time
Given under my hand, at Jackson, IL said Dis
trict, this 3 day OF Feb, A d. 1880.
wit A. NCCiEUEr Clprk
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

The five little orphan children
spoken of In a previous issue, wer,
kindly cared for during their stay IN
this city, by Mr.. George Smith, the
gentlemanly proprietor of the European
House. Hegave them food and shelter,
without money and without price. ,,
ana when they were ready to leave, a
collection was taken up and money
given to the little ones, who were
placed upon the train, and sent on
Their journey rejoicing. We trust
they may reach their destination in
safety.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21
SUPREME COURT DECISIONS:
Reported weekly by J. w. Jenkins,
Attorney at Law.
r. S. STITH, admir- etc.

r. S. STITH, admir- etc.
VS..
z. NJ. PARHAM, ct al.
Error to the Circuit Court of Marshall
county, Hon J. W. c. Watson, Judge.
Plaintiff in error, an administrator de
bonis non, moved to quash u scire facias
issued Sept. 27, 1874, to revive Judgment
in favor of the defendants in error, render
ed Sept. 4, 1866, against his predecessor,
upon the ground that it was not issued
within seven years after the rendition of
the judgment, and on the Overruling of his
motion, pleaded the seven years statute of
limitation. The replication, a demurrer to
which was overruled, averred that eXecu-
tons had issued Oct. 20, 1866, and Feb. -,
1870, and that the scire facias was issued
within seven years thereafter.
E. NJ. Watson for plaintiff in error.
j. H. Watson for defendant in error.
CAMPBELL, j.,
Held
1. A judgment against an administrator
may be revived by scire facias against his
seven years after the rendition of such
judgment, but within, "seven years from
the date of the issuance of the last preced-
ing execution on such Judgment"
2. An action Of debt on Il judgment must
be brought within seven years next after
its rendition or it will be barred, and
judgment ceases to be lien after seven |
years from its rendition, but the right of |
the judgment creditor to enforce his judy
ment by execution is never barred, if he
does not permit seven years to elapse with
out an effort to do so by execution.
Code S2153, S2159.
Buckner vs.. Pipes, So Miss, 366.
8. Formerly the Judgment creditor was
driven to his action of debt on the judy
ment, and now he must resort to that, if he
would have lien after seven years; but he
may have successive executions until salts
faction is obtained, if he does not remain
inactive seven years. AS the Judgment
was still alive to support an execution, and
there was new party to be charged, it was
proper to have scire facias to obtain eXeCll-
ton against him.
Judgment affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

The New Louisiana Remed--- for throa
and lung complaints, coughs, colds, catarrl
and me llke---without capital and without
than twenty of the States in the Union. and
to England, through the force of its inherent
merits, and from all directions come the
ringing notes ofeulogy and of triumph. 1t
cures when everything else fails. 1t con-
tains no poison. 1t is delicious. Singular
!!y soothing for children of any age. An
immense volume of evidence at the Depot,
los Camp street New Orleans. Sold by
druggists and country merchants. An
agent wanted for Mississippi. The right
man can make small fortune with it.
Life Tonic for Chills and Fever, mover
1alls. Dec 13-2m
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

Pie members of Gem Fire Company
ge received their new Belts, ordered
be time since. There are six dozen
hem, and they cost the snug sum
ROS,OO. IT anything was needed
complete the already handsome
iOrm of the Gem boys, these hobby
/ will do it. e
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

DIR. W, J. Dulaney died at his
residence, eight miles North of Jack
son, on Sunday, and was buried the
next day, DIR. Dulaney was we'll
known by the citizens of this commu-
nifty who will be panied to hear of his
sudden decease.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

iR. c. G. Johnston, who for some
b past has been the efficient Dep
Postmaster under Mr.. w. HI. III.
I'm, has resigned to accept the po-
1nof book-keeper in Green's Bank.
Johnston will fill the position with
lit to himself and satisfaction to
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

Look at Whiting & Grey's for
Gents Clothing and Furnishing
Goods, Boots, Shoes and Hats, Ladies
Dress Goods, and Trimmings, Fancy
and plain Ribbons, Neckties,' Ruf-
filings, &C., and a General line of
Scarfs as cheap, if not a little cheaper
than can be had in the city.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

|pecifcations for repairing the Cap
building were submitted to the
Pcial Committee, appointed by the
sislature for the purpose of ascer-
ling the amount of repairs needed
The Capitol and Governors Man
J, by Mr.. H. M. Taylor on yester-
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

The Circuit Court, at Raymond
saturday last, Allen Crum, and
Pleon Butler, both cOlored, were
d to the Penltentiary, the first
I'd for three years, and the last
TWO years. Both were charged
assault aud battery with intent
p. The counsel for Napoleon But
iook an appeal to the Supreme
Z. Mr.. Butler will be remember
the party who committed the
! assault upon Mr.. Robert Ander-
while doing duty as police Off
i Edwards Depot, in November
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

be management of Robinson's
fa House are determined that
4 order and decorum, shall be
erved at all performances given at
h Hall. This will prevent the in
igable small boy from cutting up
Is that he has been in the habit
|hdulging in at every entertain
II given in the past.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

n for His Honor, the Mayor has
burned from the Crescent City, fixed
in the latest style, and in good
ndtion to deal out justice to all
l-dOprS,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

|liss Fannie Willis, of Sharkey
hty, who has been visiting Mrs.
Winter, of this city, for some
ks past, left for her home on
Pday morning. We seriously
|k that Miss Fannie carried the
fts of some of our young Senators
Representatives with her, as they
I looking quite blue after her de-
lure,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

From the rapid manner in which
A, lawmakers are dispatching leg
'otive business, we infer that the
I lion is drawing to close.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

MINERVA +. MUsGROvE, Excl
cutriK,
CATHARINE MCNAMARA and
PATRICK MCNAMARA.
ON OPENING THE SWORN BILL OF
complaint, and it appearing to the satisfac-
ton of the Court that the defendants, Cath
airline Mcnamara and Patrick Mcnamara.
does not reside in the State of Mississippi,
but resides beyond the limits thereof. viz /:
Cleveland, State Of Ohio. so that the ordin-
AIRY process of this Court cannot be exc
cuted against them. 1t is therefore ordered
by the Court, that said Catharine McNa-
mara and Patrick Mcnamara, do enter their
appearance herein. on or before the second
Monday in March. 4. D 1880, the same be-
ing regular term of said Chancery Court,
at the Court Room thereof i'm the city of
Jackson, Kinds county. Mississippi. and
plead, answer or demur to complainants
bill, or the several allegations thereof will
be taken for confessed a. to them. Ii is
further ordered that this order be publish
ed in the Comet, a newspaper published i'm
the city of jackson. once a week for four
consecutive weeks. 1t is further or,lerpd
that copy of this-order be forwarded,
postage prepaid, by the Clerk of this Court.
to the address of said defendants.
Ordered this January %, 1850.
W. 4. RATLIFF.
ChanceTy Clerk.
BY \. G. MOORE. d. c. Twlt.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

aBrad." johnson, Esq, the very
,pular and capable Sheriff of Win
b county, is visiting. the Capital on
illness connected with the Auditors
lee. Brad. has a host of friends in
1 city, who are always pleased to
let him.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

Read the double column Adver-
cement of Messrs J. Stadeker and
b. They intend to do exactly what
ey say, and are now offering goods
the old cost price before everything
yanced from 25 to so per cent.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

Barlow, Wilson, Primrose and
Vost,s Minstrels are booked for an APP
.oronce at Robinson's Opera House,
an early date.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-02-21

commissioner in the matter of the same es
tate, and the predecessor of the relator had
, received and collected by virtue of his
said Office of commissioner.
Ihe defendants filed special plea. ayer-
ring IN substance that the eXccutrix Of
SAID orr ha obtained IN order or deevee
III 1873, directing her to sell the real md
personal estate of her testator for ,istrib,,.
t'on and the payment of debts; and shat
having executed said decree in part, she
married again, and her husband had failed
10 give bond for her as required by law.
one was, In July 1873, removed from her
once as e&ecutriX, and by the same decree
said Nicholetts was appointed speciol COM
missioner, and directed to complete the
sac ana distribute the proceeds among the
creditors and heirs; and further, that
AFTER the said removal of said executrix.
no administrator de bonis C. t. a. had ever
been appointed
The plaintiff demurrcd to this plea. which
was sustained, and the defendants decin-
ing to plead further, Judgment was render
cd against them FOX the amount sued for.
irom this Judgment the sureties sued out
this writ of error.
Fitzgerald a. Marshall for plaintiffs in
error.
Bailey ~ Bailey for defendants in error.
GEORGE, CD.
HeM-
|. AT the date Of these proceedings the
only statute IN force which authorized the
Of special commissioner 70
make sale of realty of Il decedent's estate
N course of administration to paw debts
was the Act to amend and extend the
provisions of section 1859 of the Revised
lode" approved April 1, 1872. session
Acts, Chapter ~, p. q. !
z. We think the plea was Il good defense. !
because, first, 1t appears that this was NOT ,
IN ihsolvent estate; second, the statute re- 4
lures the special commissioner to rive n Q
peclal bond to account for the proceeds i
u the sale before he makes it, and does NOT c
contemplate or authorize the imposition of "
he duty to sell and distribute the proceeds +
n the Clerk of the Court as such, and the a
Jerks official bond covers only such acts St
nd duties as he is by law, or may be by i
Jerk. an 90 "
Reversed and remanded. I,