Historical Newspapers of South Carolina

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The Constitutional Doctrine of State Rights. There eau be, and there must be, no peace until the Federal Government is forced back into its settled place of en? tire subordination to the Constitution ordained by the States for its limitation. The States are the first groat fact dis? cernable in oar system. Tho F?deral Government, so to speak, is only a second? ary fact. Tho Federal Government might bo Btrack ont of existence, and each Stato government would romain as perfecta government ns ever; but striko out the States, and the whole Federal THE DAILY 'Let our Just Censure !3Y J. A. SELBY COLUMBIA. S. G.. FRIDAY MORNING, AUGUST 5, 1870 o.rtc.rd the True Event." VOL. VI-NO. 118. 2. Tho pleadings may be orul or in writing; if oral, the substanco of theu shall be entered by the Trial Justice iu his docket; if in writing, they shall bo filed by him, aud a reference to them shall bc made in the dpekct. 3. The complaintshull stnto, in a plain aud tlirect manner, tho factscoustituting thc cause of action. 4. Tho ou3wer may contain a denial of tho complaint, or any part thereof, and also a notice, in a plniu and direct man? ner, of any facts constituting a defeuco or counter claim. sysium vnuisuea. As civil couaniuuitios, these States arc, with tho exception of tho Southern States, just what they have ever been si ico government oxistediu this couutry. Tho State of Now York, for instance, is tho same 03 it was when thc Constitutiou of the Federal Government was adopted. When and whore was auy fraction of its rights as a free, sovereign State ever sur? rendered? The control of certain mat? ters, as its foreign relations, postal affairs, and a few general interests, was trans? ferred, not to au independent govern? ment by auy menus, but to a govern? ment of its own appointment, and which is still only part of itself. Tho Federal Government, uuder our Constitutiou, is no moro than the foreign minister of each Stato acting by and with tho au? thority of the States. Tho Federal Government has no iota of authority that is not tho property of tho States." All its o?ices must bo filled by citizens of tho States, aud in such form and manuor as have been prescribed by the States in convention assembled. It is competent for tua States to como together again whenever they please, and cancel tho whole Federal structure, each State resuming its delegated powers. "What would that amount to? Why only that each Stato should take charge of its own foreign affairs, of coiuiug its own money, of regulating its own postal mat? ters, and a fow others of those general interests which have, under the Federal system, been carried on by tho general agenoy acting by the joint authority of tho States. That is all. Tho Federal system is a convenience, but not a ne? cessity. Tho State systems aro all per? fect without it. They were perfect be foro the Federal system was made. And eveu while the Federal system remains, the accountability of every citizcu is duo to his State, iu all things except such outside and general matters, as wo hnvo before named, which tho States have delo gated to tho (federal Government. lu all the internal alluirs, the accountabili? ty of a citizeu is to his Stato. Tho Stato only has a right to govorn him. To im? pose limits to ijis social actions-to make laws for the regulation of his marriuge, for the protection of his property, for the security of his life, aud for every? thing that regards his home. The State is like a mother to a mau; all the pro? tecting laws that shield his infaucy or guard his mauhood are born of it. To it his filial love is due. The Federal Government is only the foreign ageut of bis State, to which he owes uothiug, ex? cept in a few external matters transferred by his dear old mother, the State. It is the business of the State to protect its citizens when their liberty or their rights are in dauger; whether that danger pro? ceeds from an alien enemy, or from the Federal Government; tho principle is tho same. It is as much tho duty of the State to protect its citizeus from, the un? just or oppressive acts of tho Federal Government, as it is to shield them from the oppression of any other foe. This is the true doctrine of State rights, aud uo jurist, whose opinion is worth anything, dare deny it.-New York News. A HORRIBLE MURDER.-Tho Troy Mes? senger learns that a most diabolical and cold-blooded murder was perpetrated on Tuesday night of Inst week,, in the towu of Echo, in the North-east part of Dale County, Alabama. A Miss Dallas Lee, a respectable young woman, aged about thirty years, was engaged as house? keeper for Mr. Jesse Kennedy, a widow? er, with sovernl shildren, and during his nbsonce from home on Tuesday night, as is now supposed, Miss l<eo was attacked aud killed by a negro, whoso name wo have not learned, who had previously attempted to commit rape upon her per? son. As she wau the only wituess against him in the case, which wus soon to come to trial, it is nov? presumed that he took this method of putting her out of tho way. The wretch attacked her with a knife, stabbing her in both arms and the face, and catting her throat nearly from ear to ear. \ Macon Telegraph and Messenger, 31sl ult. FIENDISH MURDERS.-Wo learu that a negro child was found drowned a few days ago in Bush River. It was tied hands and feet. The father confessed to tho perpetration of this moBt brutal and heartless deed, and is now in jail. We also learn that a uegro boy is iu jail, charged with the murder of his bro? ther, which occurred iu the following way: They were working in a gin-house, wheu one said to the^othor, "why cau't you work without eursiug every other word;" whereupon, thc reproved ono de? liberately chopped the other in tho hoad with a hoe, causing his death soon after. [Nexdorry Herald. A certain genial, bald-headed gentle? man, while in Paris, went ono day to tho Zoological Garden. Tho weather was oppressive, and he loy dowu upon a bench. Presently he weut to sleep, but was soon awakened by a warmth about tho head. An infatuated ostrich had come along, and, mistaking his bald head for au egg, settled down with a determi? nation to hatch it out. An old farmor said of a minister whose sermons were much wanting point: "Ah, yes; be's a good man, I daro say, but ho will rake with the tooth upwards." Newport boasts of 300 cottages and villas, worth from 315,000 to 8200,000 etch, aud ouo worth 8300,000, which arc occupied only ia the summer. jSipoolctX Notices. Tl??! Ll?t-Snstalnlng Principle.-TLC vital aud thc muscular systems aro entirely distinct from each other. A mau may have j the brawn of a Herc?lea, but if ho is deficient in vital energy, ho will not wear as well, or j last as long or bo as healthy and happy while he doos last, as the man of ordinary, or even elender build, who possesses a larger share of I this animating principle. One of the gret t-1 est recommendations of that pure vegetable invigorate, HOSTETTER'S STOMACH RIT? TERS, is that it incroatos the vital force of | thc system. No medicino can double tl c volume of a man's muscio, or thicken and vul? canizo his thews and sinews; but Hottetter's RitlerB has an effect much moro important. Its uso promotes constitutional vigor, lt re? inforces tho life-power, of which bono and sinew and muscio aro merely thc instruments, holding tho samo relation to it that machine? ry does to steam. Let tho slight and appa? rently fragilo tako heart, they may have more stamina, though far IOSB physical strength, than the broad-shouldered athletes they re? gard with envy. To restore, to eustaiu, to increaso this staminal principle, which, when in full supply, is tho sourco of health and the beet guarantee of longevity, is a epecial pro? perty of tho famous restorative. It is not only a specific for dyspepsia, biliousness, in? termittent fevers, constipation, Ac, and a preventivo of all diseases of a malarious cha? racter, but thc best of all medicines for ] strengthening tho constitution and awaken? ing tho powers of naturo from whatever cause they may have become lethargic. Ailg 3 ifl CHOLERA !- Thc following letter is from Mr. Woodward, of St. Louis, to J. N. Harris, Esq., of New London. Conn. Mr. W. is a gen? tleman of high respectability, and duringthe prevalence of tho cholera in St. Louis, watched tho result of tho application of thc Pain Killer for this disea&o, and his testimony can bc relied upon with thc utmost confidence: DEAR SIR: YOU recollect when I saw you in January last, my expressing to you my most sanguine expectations that Davis' PAIN KILLER would have a tremendous sale in the West this season, and my anticipations havo been more than realized, and the testimony of thousands who havo used it has been that they would not be willing to go to bed at night without it in the house. On tho appearance of tho cholera in this city, such was the confidence in thc Pain Killer as a remedy, that many who purchased it remarked to mc that they had no fears or dread of tho cholera, as long as they had the Pain Killer by them, and hundreds took it daily as a preventative, for no person can havo a derangement of tho bowels or diar? rhea, if they uso this medicine. This was tho security aud confidence of hundreds acquainted with it, and when their friends were attackod with tho Cholera, they would administer tho remedy in large quantities, aud in every caso when it has been taken in any of tho first stages of this disease, it has proved successful. I consider it an infallible remedy. I have not heard of any individual in any family who used tho Pain Killer when attached, but speedily recovered. The clerk informed me that he administer? ed it to persons when cold or in the cramps, and it gave immediato relief, but still it should bo given quickly, for when the dis? charge of "rice water" has begun, the hope of lifo has ?ed. Should this diseaao make its appearance among vou, as in all probability it will, be uot rilarmed; you and all others there havo ti e remedy, and I am confident if tho Pain Killer is need, not a singlo death by cho? lera will occur in your cit v. Respectfully yours, A. T. WOODWARD. AtF Tho Tain Killer is sold by all dealers in Family Medicines._Aug 2 j limo WEULOCK-THE BASIS OP CIVIL ^OCIETY-Essays for Yoting Men, on the honor and happiness of Marriage, an 1 tho j evils and dangers of Celibacy-with sanitary) help for the attainment of man's true position in life. Sent tree, in sealed envelopes. Ad? dress, HOWARD ASSOCIATION, Ros P. Phil? adelphia. Pa. May 21 Smo Thc Executive Committee of the Union Re? form Party have appoiuted the following gen? tlemen a Committee to make suitable arrant mcnts fora Mass Meeting of the people of I Richland, on TUESDAY, the ICth inst. Ad-' dresses will be delivered hy Judge Carponter, General Ruller aud others. E. W. SEIRELS, Sec'y and Treasurer Executive Committee. COMMITTEE. Edward Hope, E. Stenhouse, lt. O'Ncalc, Jr., Walter Fisher, John H. Kinsler, John Crawford, W. P. Eookter, A. Smythe, John Frost, Jr., R. I). Senn, Dr. William Weston, J. H. Wells, Warren Adams, John T. Sloau, Jr., John P. Adams, Thomas Taylor, Capt. Edward Percival,W. C. Swa?iold, Jesse G. Lykes, James Kennedy, John Dent, William Myers, Capt. W. H. Stack, Samuel G. Henry, Samuel Garner. Aug 3 South Carolina Bank and Trust Co., UV COLOMBIA, {In Building formerly occupied by Carolina National Ban};,) RUY, SELL and EXCIIANtJBt \\\ Issues of GOVERNMENT RONDS, at current market rates, also OOlN and COUPONS, and execute orders for tho purchase and salo of Gold, and all first-class securities, on commission. ISSUE CERTIFICATES OF DEPOSIT, pay? able on demand, or at fixed date, bearing interest, and available in all parts of the United States. ADVANCES made to our dealers, on ap? proved collaterals, at ma; ket rates of interest. COLLECTIONS made everywhere in thc United States, Canada and Europe, and Ex? change bought and eold. Dividends and Coupons collected. HARDY SOLOMON, President. J. C. ROATH, Cashier. June 20 3n:o I. H. COLEMAN, Tx-ictl arm. st loo. OFFICE, Du. GEIOEH'S, North-east corner of Plain and Assembly streets. All business promptly attended t?. May 25 Hmo Clarets. K rv CASES TARLE CLARET, for sale low, 0\J for cash, by ORO, SYMMEI?S. June 23 j Hungry people, go to Pollock's, CODE OF PROOEDURE-Continued. 4. Au action coruiuenced by attach? ment of property, as now provided by statute, if the debt or damages claimed do uot exceed ouc hundred dollars. 5. Au action upon bond conditioned for tho payment of money, not exceed ; iDg one hundred dollars, though tho penalty exceed that sum, tho judgment tobo given for the sum actually due. Where the payments are to bc mado by instalments, au action may bo brought for each instalment as it becomes duo. C. Au notion upon a surety bond taken by them, where tho penalty or nmonnt claimed docs not exceed one hundred dollars. 7. Au action upon a judgment render? ed in a Court of a Trial Justicp or an in? ferior Court in a city whero such action is not prohibited by Section ninety-four. 8. To take and enter judgmeut on thc confession of a Defendant, whero tho amount confessed shall not exceed one hundred dollars, iu tho manner pre? scribed by law. 9. Au action for damages, fraud in the salo, purchase or exchange of personal property, if the damages claimed do not exceed ono hundred dollars. 10. Au action to recover tho possession of personal property claimed, the value of which, as staled iu the affidavit of th( plaintiff, his agent or attorney, shall nol exceed tho sum of oue hundred dollars. The plaintiff in such action, at time o: issuing the summons, but not afterwards may claim thc immediate delivery of sud property as hereinafter provided. Before any process shall bo issued ii an action to recover tho possession o personal property, thc Plaintiff, hil agent or attorney, shall make proof lr affidavit, showiug: 1. That tho Plaintiff is the owner, o oxtitled to immediate possession, of tin property claimed, particularly dc-;cvibiu| tho same. 2. That such property is wrongfully withheld or detained by the defeudaut. 3. The causo of such doteution o withholding thereof, according to tb best knowledge, information and belie of the person making the affidavit. .1. That said personal property ha not been taken for any tax, fine or asses? ment, pursuant to statute, or seized b virtuo of an execution or attachmec against the property of said plaintiff; c if so seized, that it is exempt from sue seizure by statute. 5. The actual value of said person* property. On receipt of such affidavit, and a undertaking, in writing, executed b one or more sufficient sureties, to be ai proved by thc Trial Justice before whoi such action is commenced, to tho offei that they are bound in double tho val? of such property as slated in said affidi vit, for tho prosecution of said actioi aud for the return of said property I the Defeudaut, if return thereof be a< judged, and for the payment to him i such sum as may for any cause be rec vered against said Plaintiff, tho Tri Justice shall endorse upon said affiduv a direction to auy Constable "of tl County iu which said Trial Justi shall reside, requiring said Constable lake the property described thor iu from tho Defendant, and ke< the same, to bo disposed of accordii to law; and the said Trial Justice sin at the same time issue a summons dire? ed to tiio Defendant, and requiring hi to appear before said Trial Justice at time und place to bo therein sp?cifie and not more than twelve days from t dato thereof, to unswor the complaint said Plaintiff; aud tho said sunimo shall contain a notice to tba Defeuda that, in case ho shall fail to appear at t timo and plaoe therein meutioued, t Plaintiff will have judgment for tho pi session of the property described in si affidavit, with the costs aud disbur monts of said action. Tho constable to whom said ufnda\ endorsement and summons shall bc di vered, shall forthwith take the prope described in said affidavit, if he can ii the same, and shall keep the samo in custody. He shall thereupon, withi delay, serve upon said defendant a cc of such affidavit, notice and summo by delivering thc same to him persor ly, if he can bo found in said County uot found, to the agent of the defend iu whose possession said property si bo found; if neither can be found, leaving such copies ut the last or us place of abode of the defeudaut, M some person of suitable age aud dist tiou. And shall forthwith niako a rot of bis proceediugs thereon, and mauner of serving tho same to the Ti Justice who issued the said summon; The defendant may at any time a such service, aud at least two days be: the return day of said summons, s< upon plaintiff or upon the constable y made such service, a notice in wrii that he excepts to the sureties in bond or undertaking; and if he fail ti so, all objectiou thereto shall bc var If such notieo bc served, tho sure shall justify, or tho plaintiff give sureties on the return day of said mons, who shall theil appear and jus or said Trial Justice shAll order said porty delivered to tho defeudaut, shall also render judgment for def aut's costs aud disbursements. At any time beforo tho return da, said summons, the said defendnul i if he has not excepted to plaintiff's < ties, require the return of said prov |to him upon giving thc plaintiff, an iug same with tho Trial Justice, a writ-1 teu undertaking, with ono or more sure-1 tics, who shall justify before said Trial j Justice ou the return day of said sum- j mons, to the effect that they aro bound in doable tho value of said property asl stated in plaintiff's affidavit, for tho deli? very thereof to said plaintiff, if such ele livery bo adjudged, und for the payment to him of such sum as may for any cause bo recovered against said defendant; and if such returu bo uot required before tho return day of said sumniouR, the proper? ty shall bu delivered to said plaintiff. SEC. 75. The qualification of bail must be as follow;.: 1. Each of them must bo a resident, and house-holder or free-holder within thq State. 2. Thej* must each bo worth the amount specified in tho ordor of arrest, exclusivo of property exempt from execution; but the Judgo or a Trial Justico, on justifi? cation, may allow moro than two bail to justify severally in amountsless than that expressed in the order, if tho whole jus? tification bo equivalent to that of two sufficient bail. SEC. 7G. For tho purpose of justifica? tion, each of tho ba;l shall attend before the Judge or a Trial Justico at the time aud place meutioned in tho notice, and may bo examined on oath on tho part of thc plaintiff, touching his sufficiency in such manner as tho Judgo or Trial Jus? tico in his discretion may think proper. Tho cxamiuation shall bo reduced to writing and subscribed by the bail if re? quired by tho plaintiff. SEC. 77. If the Judge or Tria' Justico find tho bail sufficient, ho shall annex the examination to tho undertaking, en? dorse his allowance thereon and cause them to bo filed with the clerk; and the sheriff shall thereupon be exonerated from liability. Sue. 78. If thc property, or any pari thereof, bo concealed in a building oi enclosure, the constable shall publicly demand its delivery. If it bo not deli' vered, ho shall cause the building or en? closure to be broken .open, and take thc property into-his possession; and if ne? cessary, ho may call to his aid tho powoi of his County. SEC. 70. When a Constable ?hall have taken property, as in this chapter provid ed, ho shall keep it in a secure place and deliver it to tho party entitled thereto upon receiving his lawful fees for taking anti his necessary expenses for kcepiuf the same. SEC. SO. If tho property taken bi claimed by any other person than the de fendant or his agent, aud suoh pcrsoi shall make affidavit of his titlo thereto and right to tho possession thereof; stat iug the grounds of such right aud title and serve tho same upon tho Constable thc Constable shall not bo bound to kee] the property, or deliveritto tho plaintifi unless the plaintifi', on dcmur.d of hie or his agent, shall iudemnify the Cou : stable against such claim, by au uudei taking, executed by two sufficient sure ties, accompanied by their affidavits, thn , they arc each worth doubla tho value c j the property as specified in the afiidavi ! of tho plaintiff, and freeholders au househoielers of the Couuty. And n claim to such property, by any ollie I persou than the defendant or his agen I sholl be volid ngainst the Constable, un [ less made as aforesaid; and not withstaut ing .such claim, when so made, he mn retain the property a reasonable time t demand such indemnity. The actions so commenced shall b tried iu all respects as other actions ai tried in Trial Justices' Courts. The judgment for the Plaintifi'muy I I for the possession, or for the recovery i the possession, or the value thereof, i case a delivery cannot; ho had, and i damnges for tho detention. If thc pr? perty havo been delivered to the Plait tiff, aud the Det'endunt claim a retui thereof, judgment, for the Defendant mi bo for a return of the property, or tl value thereof, iu ca6e a return cauuot 1 had, aud damages for taking aud wit holding the same. Au execution sin be issued thereon, and if the judgcae bo for the delivery of the possession personal property, it Bhall require tl officer to deliver the possession of tl same, particularly describing it, to tl party entitled thereto, and may at t same time require thc officer to satis any costs or damages recovered by t same judgment out of tue personal pi I perty of the party against whom it w rendered, to be specified therein, if delivery thereof cannot be had. T execution shall be returnable within si> days after its receipt by the officer, the Trial Justice who issued tho san In all actions for thc recovery of t possession of personal property, ashen provided, if tho property shall not h.i been delivered to Plaintiff, or tho 1 fcudaut, by answer, shall claim a rein thereof, the Trial Justice or Jury sh assess the value thereof aud the iujt sustained by the prevailing party reason of the takiug or detention there and thu Trial Justice shall render jin ment accordingly, with costs and i bursemonts. If it shall appear by thc return o Constable that ho has taken the prope described in tho Plain ti li's afiidavi t, ? that Defendant cannot be found, and' . no last placo of abode in said County, ' that no agent of Defendant could ! found on whom service could be ma i tho Trial Justice may proceed with j cause in tho samo maimer as thot j there had been a personal service. For tho endorsement on said affidavit the Trial Justice shall receive an addi? tional fee of twenty-five cents, which shall 1 included in the costa of the suit. SEC ci. Hut no Trial Justice shall have cognizance of a civil action : 1. In which tho State is a party, ex? cepting for penalties not exceeding one hundred dollars. 2. Nor where the title to real property shall come in question. 3. Nor of n civi1 fiction for an assault, battery, false imj rfcoument, libel, sland? er, malicious prosecution, criminal con? versation, or seduction; where tho da? mages claimed exceed ono hundred dollars. .4. Nor of fin action against au executor or administrator as such. SEC. 82. In every action brought in a Court of Trial Justico, -ri '?re tho title to real property shall como "u question, the Defondnnt may, either with or without other matter of defence, set forth in his answer any matter showing that such titlo will como in question. Such answoi shall be in writing, signed by the De? fendant or his attorney, anti delivorcd tc tho Trial Justice. Tho Trial Justice shall thereupon contersign tho same, and do liver it to tho Plaintiff. SEC. 83. At tho time of answering tho D' fendant shall deliver to the Trial Justic ii written undertaking, executed by at least ono sufficient surety, anti approved by tho Trial Justice, to thc eb vt that if tho Plaintiff shall, withir twenty days thereafter, deposit with thc Trial Justice a summons and complaim in an action iu tho Circuit Court for th( same cause, tho Defendant will, withir twenty days after such deposit, give ai admission in writing of thesorvicothercof Whero tho Defendant was arrested ii tho action before tho Trial Justico, tin undertaking shall further provide, tha ho will, ab all times, render himscl amenable to tho process of tho Cour during tho pending of tho actiou, aud tc such as may be issued to enforce th< judgment thcrei:' In case cf failure t< comply with the undertaking, tile suret] shall be liablonot exceeding one hundrec dollars. SEO. SI. Upon the delivery of the un dertakiug to the Trial Justice, tho actioi before him shall bo discontinued, mit each party shall pay his own costs The costs so paid by either party shal bo allowed lo bim if he recover cost in the actiou to bo brought for th' same causo in tho Circuit Court. If ni such action he brought within thirt; days after the delivery of tho uu dertaking, tho defendant's costs befor the Trial Justice may be recovered of th Plaintiff. SEC 85. If the undertaking bo not de livered to the Trial Justice, he shall hav jurisdiction of the cause, and shall pro ceed therein; and the defendant shall b precluded, iu his defence, from drawinj the titlo in question. SEC. 8G. li, however, it appear on th trial, from thc plaintiff's own showing that the titlo to real property is in que: tion, and such title shall be disputed b the d?fendant, the Trial Justico sha dismiss the action aud render jiidgmci: against the Plaintiff for the costs. SEC ST. When suit before a Tris Justice shall he di* outinued by the cb livery of au ?iiswer and undertaking, f provided in Sections eightv-two, eighty three, eighty-four, the Plaintiff may pr< secute au action for tue same cause in th Circuit Court, aud ?hall complain for tl sanie cause of action only on which L relied before the Trial Justice; ano ti answer of thc Defendant shall set np tl. same defence only which he made In foi the Trial Justice. SEC. SS. If the judgment in the Ci cuit Court be fer the Plaintiff, ho sha recorer costs; if it bc for the Dofendau he shall recover costs, except that upc a verdict he shall pay costs to tho Plaii tiff, unless thc Judge certify that tho tit to real property came in question on tl trial. SEC. SO. If, in au actiou before a Tri Justice, tho Plaintiff have seve ral cans? of action, to one of which tho defem lof titlo to real property shali be inte \ posed, and as to such cause the Defen ant shall deliver and answer an uuderta ! iug, as provided ju Sections eighty-tv und eighty-three, and the Trial Just! j shall discontinue the proceedings as that cause, ami tho Plaintiff may cor meneo another action therefor in tl I Circuit Court. As to the other causes ' actiou, tho Trial Justice may couti ni ! lus proceedings. SEC. 90. A Trial Justice, on the d maud of a party iu whose favor he sin have rendered a judgment, shall give I transcript thereof, which may be fih ' and docketed in thc office of the Cloi ? of the County where tho judgment w rendered. The time of tho receipt tho transcript hy the Clerk shall bo nott j thereon and entered in the docket; at ! from that time the judgment shall be ; judgment of the County Court. A cc tified transcript of such judgment mi bo filed and docketed in the Clerk's offi of any other County, and with tho li effect, in every respect, as in tho Conn ! where the judgment was rendered. I) I no such judgment for a less sum th i twonty livc dollars, exclusive of cos . shall bc so docketed or enforced agait I real property. SEC. Ol. Thc following rules shall ; observed in tho Courts of Trial Jnstici 1. The pleadings in theso Courts ai 1. The complaint by the Plaintiff; 2. T answer by the Defeudaut. 5. Pleadings aro not required to bo in auy particular form, but must bo such as to enable a person of common under? standing to Uuow whst is intended. G. Either party may demur to a plead? ing of his adversary, or any part thereof, when it is not sufficiently explicit to enable him to understand it, or it con? tains no cause of action or defence, al? though it bo taken as true. 7. If the Court deem tho objection well founded, it shall order tho pleading to bo amended; and if tho party ref uso to amend, tho defective pleading shall be disregarded. 8. In case a defeudaut docs not appear and answer, tho plaintiff cannot recover without proving bis case. 9. lu au action or defence founded upon nu account, or au instrument for the ?>nyruent of money only, it shall bo sufficient for a party to doliver tho ac? count or instrument to the court, and to state that thcro is due to him thoreon, from tho adverse party, a speoified sum, which he claims to recover or set oft 10. A varianco between tho proof on tho trial and the allegations in a pleading shall bc disregarded ns immaterial, un? less tho court shall bo satisfied that the adverse party has been misled to his pre? judice thereby. 11. Thc pleadings may be amended at any time beforo the trial, or during the trial, or upon appoal, when, by such amendment, substantial justico will be promoted. If tho amendment be mado after tho joining of tho issue, and it be made to appear to tho satisfaction of the court, by oath, that an adjournment is necessary to the adverso party in conse? quence of such amendment, an adjourn? ment shall bo granted. The court may also, in its discretioD, requiro as a con? dition of au amendment, tho payment of costs to thc adverse party. 12. Execution may be issued on a judgment, heretofore or hereafter ren? dered in a Trial Tustico's Court, at any time within Jive vi ; rs after tho rendition thereof, and Luali be returnable sixty days from the dato of the same. 18. If the judgment be docketed with thc Clerk of the Circuit Court, the execu? tion shall bo issued by him to the Sheriff of tho Couuty, and h:ivo tho samo effect, aud bo executed in the same manner, as other executions aud judgmeuts of tho Circuit Court. 14. The court may, at tho joining of tho issue, requiro either party, at tho re? quest of the other, at that or some other specified time, to exhibit his account or state tho nature thereof as far forth as may be iu his power, and, in case of his default, preclude him from giving evi denco o? such parte thereof as shall not have been so exhibited or stated. 15. The provisions of this Act re? specting forms /of action, parties to actions, the rules of evidence, tho times of commencing uctious, and tho service of process upon corporations, shall apply to these courts. The defeudaut may, on the return of process, and before answering, make a i offer in writing to allow judgment to bo taken agaiust him for au amount, to bo stated in such offer, with costs. Tho plaintiff shall thereon, and before any other proceedings shall be had in the actiou, determino whether he will accept or reject such offer. If he accopt tho offer, and Rive notice thereof in writing, tho Trial Justice shall file thc offer aud acceptance thereof, and reuder judg? ment accordingly. Ii notice of occopt aucii be not given, ond if the plaintiff fail to obtain judgment for a greater amount, exclusive of costs, than has been spoeifie'd in the offer, he shall not recover costs, but shall pay to the de? fendant his costs accruing subsequent to tho offer. PART ll. OF ervin ACTIONS. TITLE I. Of their form. TITLE II. Of the time of commencing them. TITLE III. Of thc parties. TITLE IV. Of the place of trial. TITLE V. Of the manner of commenc? ing them. TITLE VI. Of the pleadings. TITLE VII. Of the provisional reme? dies. TITLE VIII. Of the trial and judg? ment. TITLE IX. Oi the execution of thc judgment. TITLB X. Of the cost?. TITLE XI. Of appeal?. TITLE XII. Of the miscellaneous pro? ceedings. TITLE XIII. Actions in particular cases. TITLE XIV. Provisions relating to ex? isting suits. TITLE XV. General provisions. TITLE I. FORM or CIVIL ACTIONS. SECTION 92. Distinction betwoen ac? tions at law and suits in equity abolished. SEC. 93. Parties, how designated. SEC. 91. Actions on judgment. SEC. 95. Poigned issues abolished. SECTION 92. The distinctiou between actions at law and suits in equity, and tho forms of all such actions and suits, heretofore existing, nie abolished; and there shall bc i; ibis State, hereafter, but one form of action for tho enforce? ment or protection of privato rights and tho redress of private wrongs, which sltf.ll bo denominated a civil action. [COSTINCE? TN OUI? NEXT.] Smokists aud chewists, call at tho Pollock House.