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dInila rims. .he.s All County and Town Of. Uclal Advertisements. ,NIN1NG, S C., JAN. 6, 1915 -he call to Township Assessors S-issue. Dr James McDowell and son of iill spent last Saturday in Man Cab A.L.Lesesne, is back at his .- riSumter in quite a feeble con .ertGamble.was operated on in C. -.bii yesterday and be is getting See D. C. Shaw Company's ad., on this page, as they are closing out some of the stock. Come to The Times office for all kin4s of blanks-liens, chattel mort gages, contracts, etc. Their was quite a crowd at the pub lic.sales last Monday, notwithstanding 1,be scarcity of money. Do not fait *o read the special sale of fered by the D. J. Chandler Clothing Company in this issue. Died at Alcolu, Monday night Mrs. "M'i" Barfield. wife of Mr. James Bar elds, aged about 35 years. Mr. J. EdwardFollin, well known to the merchants af this county, died at his home in Charleston last Monday.. J. H. Lesesne, Esq., conducted the Sheriffa sales last Monday foi that officer, wbo is in a hospital in Columbia Chief Leard Huggins has installed a telephone in the fire engine house, so in.case of fire at night. ring for the engine house. Married Sunday afternoon at Fores ton, by Magistrate J. E. Richbourg, Mr. William A. Richboitrg and Miss Gertrude Ridgeway. The college girls and boys hiked back to their books last Monday, and it will be a long. long time .before they get back to ma's-cooking. Married by Rev. N. J. K)ser at Pax ville on Christmas Day at the home of Mrs. G. H. Lackey, Mr. Charles Browh and Miss Cornelia Ridgill. Miss Sara Witherspoon of Greenville after spending the holidays with the family of Mr..C. R. Harvin left for her home last Sunday morning. - MissJannie and Nellie Haley of Man ning, returned hoiie Monda night af ter spending Xmas with Miss Maggie Mellette, at Turbeville. Of-interest to automobile -wters is the advertisement of A. Abrams in this issue. Mr. Abrams is carrying a full supply of automobile supplies. The wellknown firm of Bultmann Bros. of Sumter, has gone into bank ruptey. We hope it will soon get its affairs in shape to continue business. Hon. . A. Hunter of Bamberg, re cently a candidate for -the office of Lieutenant- Governor, died at Johns Hopkins hospital, Baltimore, last Sat urday. The residence occupied by Mr. Joe Wilder anid family, but belonging to Mr. 0. T. Mason on the outskirts of Sumter, was.destroyed by fire lass Sun day morning. Oh! what the bill collectors did for us last .Friday and .Saturday. was a caution, and enough to wring she sym pathy from our friends who are be bind on their accounts. ~Married last Wednesday afternoonl, by Rev. G. -P. Watson, pastor of the Manning Methodistchurch, Dr. Thotn as W. Gunter, and Miss Bva Curtis, botb of Paxville. Married last Monday evening by Rev. 3. A.. Ans, pastor of the Bap tist church, Mr. R. F. DuBose, chief of police at Blackcville, and Mrs. Sallie E. Yoiumans of Manning. . The report from the Augusta hospital is that Frank Clark who was danger ously wounded while discharging his duty as policeman in the town of Allen dale, is slowly improving. Died in Columbia on the 29th, inst., Mr. John C- Coskrey aged 61 years. sThe deceased was she eldest son of the late Capt. Wiiiiam R. Coskrey. The burial took place at Wilson's Friday. Mr. J. B. Hudnali and family have tried their fortune in the town of An drews, and its zio more for them, they have moved to Olanta where Mt. Hud nal uwill engage in business. They spent Supday and Monday in Manning. -Miss Tasca Turbeviille who has made Manning her home fort the past several years, has returned to her old homeat Turbeville-for a while at least. Miss Tarbeville was very popular and made many friends here, who hope to see her hack soon. - There was a family reunion in honor of Mr. J. J. Mit'chium, as she home near Jordan. duringt he holiday's, at which his children, and grandchildren was present. Mr. Mitehum is 82 years young, and he is the spriest man of his age in the State. The residence of Mr. D. M. Brad ham had a very narrow escape from being destroyed by fire last Friday, only the timely discovery of a blaze on the roof of the dining room, and the prompt work of those who reached the *scene early saved it with very little damage. Hon. Geo. W..Dick has been recom mended for. postmaster for the city of Sumter, and will probably take charge after the adjournmen~t of the legisla ture. He was the chairman of the ways and means committee --the. past 'two years, anid was rdturnedto the house at tlie-last'election. -. - Died at his home in she Privateer section of Sumter- county last Friday, Mr. Willie Osteen, aged about 50 years The deceased leaves a widow and eight small children. The funeral was con ducted by Rev. H. K. Williams of Alcolu, as Providence church and by the Knights of Pythias. Mr. Osteen was well known in this county. Dr. W. D. Sanders of St. Matthew~s is noir in ebarge of the prescription department at Dickson's Drug Store. -Dr. Sanders comes highly recommend ed, and we have no hesitancy in saying this young man is thoroughly compe tent, as this old established business is well known all over the seomit for its high class prescription work, which they make a specialty of,. they could only use a No. 1. Pharmacist. The Times editor leaves next Tiues day for Columbia to attend the session of the general assembly, and he will consider it a special favor if the friends -in the several sections of the county will send to The Times news . items-for publication, and-while he is away he will endeavor lto far'-interesting~ reading about tale 'doings in the legis *lature, and such other matters he thinks will interest the readers. county - betobacco growers ask ing for i that will' make z longer m =_*-t eortobacco, and also a law to e1he yellow leaf to b graded b reit is placed on the market de. how it is proposed to form a longer i-e fir selling tobacco - b law, we cannot.see It seems .to us thiS is a matter:entirely in the control ol the growetg: and buyers. and cannot be regulated by lew. Dr. Herman H. Huggins is now opening up his drug store, .next door to the Dixie Cafe, and will In a few days have a complete line carried in all up to-date stores of this kind to serve his patrons with. Dr. Huggins is -A native son, young,, popular and energetic, an experienced pharmacist, and all busi ness entrusted to him will have his personal attention. We wish for this young man much success, in this, his first adventure into the business world as proprietor. On last Sunday evening there was a prohibition rally at the Methodist church which was well attended, and several speeches made. Among the speakers were Rev. J. A. Ansley, pas tor of .the Manning Baptist church, Charlton DuRant, Esq., Mrs. Joseph Sprott, and Mr. Robert J. Alderman of Alcolu. . We understand that the speech of Mr. Alderman was not in line with the other speakers, he took a. po sition which appealed to many of his hearers-because of its catholic spirit. A request was made of us to secure a copy of Mr. Alderman's remarks for publication, but it has not been furnish ed us so far, when it is, we shall gladly publish it. -The chances for a new railroad com ing to Manning are not as bright as we should like, and the financial codlitions are not interfering either. This is the opinion of men who are in a position to know something about railroad build ing, and the promoters of railroads. It has been the writer's desire to connect with financiers with a view of interest ing them in giving to Manning .addi tional railroad facilities, especially since we beard the project for whie the town is prepared to issue bonds . in grave doubt, and in all probability will not materialize. We have finan cial.reasons at least to hope differently, at least. the price of labor already per formed. But perhaps the Treasurer has gene to the war. Married at Bishopville yesterday, Mr. Morris Ness, a prominent young business man of Manning, and Miss Racheal Levy of Bishopville. Rabbi J Simonhoff of Charleston" erformed the eeremony in the presence of a large ongregation in the opera house, after which'there was an elaborate recepticn at the home of the bride's parents, :at tended by a large number of guests from'New York, Sumter, Charleston and Manning. Mr. Bennie Ness, -a brother of the groom was the best man, and Miss Mary Karesh of Charleston the maid of honor. The couple will take a bridal tour, afteriwhich they will make their home in Manning, and re ceive the congratulations of the grooms friends here. Mr. E. C. Gross and family have moved into their new home just com pieted on South Church street, one of the nicest residential sections of the town. This family came to Manning about two years ago, selected by Mr. Gross as a central point to distribute his famous Watkins remedies, and he has built un such a large patronage that he has decided to make Manning his permanent home, and the people here are delighted with his decision; he Grosses are excellent people, and a plendid acquisition to the town. Their ew home is one of the most substan tial in the town, commodious, as well s ornamental and Mr. Gross is regard d one of our most highly esteemed itizens. Would that Georgia could spare to us more like him. The picture presented by the Pastime 'heatre from the works -of Charles Dickens with Tom Terriss as the star was so pleasing that Mr. Wildman the manager has decided to present on et Friday afternoon~and evening, an ther high class picture in 5 reels en titled "The Great Stroke.". Tbis is ne of the best of the World Filmi Cor oration .pictures gotten up at, a great ost of money, and in it there is pre sened the acting of notables oi tne American and English stage. It is worth packing the house to see, as 'it affords entertainment of a high degree, ad' combining romance with the macehinations of sordid greed. and in trigue, desperation and theft, confession ad forgiveness. We have'never' seen this picture but a talk with one who as, we are satisfied the money, spent et Friday afternoon and evening at the Pastime will not be regretted. Teachers' 'feeting,. The next meeting -of the Clarendon County Teachers' Associaticn will be eld at Manning Saturday, January 1th, at 11 o'clock. Superintendent S. H. Edmunds of the Sumter City Schools will deliver an address on timely school topics. Besides this address, there will be other discussions of interest. The meeting will then be conducted in the nature of round table talks on such matters as will be the greatest in terest and value to our teaching-fra ternity. Coming up for discussion at this time. will be a suitable program for County Field day in the spring. Every white teacher in the county is earnestly urg ed to be present at this meeting. Let there be a full turn out of our teachers, and let us push the Assoeia tion work for the remainder of the year. D. R. RISER, President. . J. BROW NE, County Supt. of Education. Mission Institute at Baptist Church. Beginning Wednesday, January 20th, and continuing through Sunday, Janu ary 24th, there will be held at the Bap tist church a Mission institute, at which distinguished speakers, repre senting the different enterprises im which the Baptist Denomination is en gaged, will be heard. It is purposed to make this an annual feature of our church work. For this occasion we have been unusually fortunate in se curing lsome of the best men in our de nomination. Those who have promised to attend and speak once or more are: *Drs. Howard Lee Jones, C. C. Brown, W. T Derieux, C. J. Thompson, A. T. Jamison, Rev. WV. E. Wilkins, and Judge J. J. Gentry. The program will will be published next week. This is indeed a treat for our people, and no one who can attend should not miss this opportunity. It is also expected that Mrs. J. D. Chapman will be pres ent one day, and a special service will be held for the ladies. Thbe public gen erally will receive a cordial welcome at these services. J. A. Ansley, Pastor. NotiCe. The County Board of assessors, con sisting of one member of each townshil Board are requested to meet at the court house on Saturnay January, 16th, to get blank returns for the year 1915 This is an important meeting and eacd Township board is urgently requestei to have one mem ber attend this meet ing as business of importance is to be attended to. ., W. R. DAVIS, Chairman County Board. A. P. BURGESS, SY.erlffs Sales.,. J J-Bryant against Olin Bryant and others 1lLacres of land sold to S. Kat zo f $950.: FOR ~DELINQUENT TAXES. Caroline Ding"-, 12 acres in Santee to Iouis Appelt foi %37. Est. Ransom Hamptou, Fulton. 2 lots to A. Levi Attorney for $97. - John James, Fulton. 3 lots to i-Lvi Attorney. C. C. .Washington, 2lots in Friend ship to R. B. Fulton for $35. Reubin Rice, 1 lot in Calvary to 3. G. Johnson for $26. Susan Anna Carter, 1 lot in Fulton to Frierson Brothers for $8.50. H. Kiston, V-lot in Friendship to Frierson Brothers for $15. John Parson, Sr., 4 acres in Friend ship to Leon Weinberg for S61. Daniel E. Richardson, 5 acres in Friendship to Leon Weinberg for $31.. Mattie Cantrey, 1 lot in Friendship to Leon Weinberg for $15. Mattie Rice, 1 lot in Calvary to H. I. Ellerbe for $25. S. J. McFadain, in Fulton, to Rev. H. C. DeLaine for $20. Est Peter Lawrence, 4 lots 1 building in Falton, to Clarence Iseman for $37 Alice Thomas; 34 -acres in Calvary to J. H. Rieby for $121. Guy Oyiver, 3 2-3 acres in Friendship to Charlton DuRant for $30. The Father of Mrs. Legg and Mr. Till Dead. Died at his home near Eloree, on the evenimg oi December 31st, Mr. Henry F. Till, the father of Mrs. W. P. Legg and Mr. S. I. Till of Manning, aged about 70 years. The funeral took place at Jerusalem church Monday. Mrs. Legg and Mr. Till were at the bedside of their father when he died The fol lowing sketch is -eproduced from The Orangeburg T ..es and Democrat of the 5th inst. "He enlisted in State service on April 1861, and entered the Confeder ate service in Company B, 20th regi meut (Kitt's) S. C. V., in December 18 61, and seryed in that company to the close of the war. surrendering at Ap pomattix, Va., April 9, 1865. He serv. ed on the coast on Sullivan's Island, S. , at Battery Wagner, Morris Island, C., September 1963. being at the evacuation of that post. He was also, at different times, in Fort Sumter, Charleston harbor, S. C., in 1863-64, assisting in garrisoning that port dur ing its trrific bombardment. His reg iment going to Virginia, he was in the battle of Drury's Bluff, May 16, 1864, at Bermuda Hundreds, Cold Harbor, Petersburg, Va., Cedar Springs, Fisch er's Creek, and other engagements of his regiment. He was wounded It Cold Harbor June 2, 1862, and surrend ered at Appomattox April 9, 1865. He was an interested member of. Camp Thomas iGlover, No. 457, and was its color-bearer the past two years." Lawsuit. Mr. A. Plummer Burgess of Fort Motte, but formerly of Summerton, has begun a suit against R. E. McFaddi, as Trustee and as Supervisor for the recovery of $350 which Mr. Burgess turned over to Mr. McFaddin to have the indexes in the clerk of court's office completed. The work of rein dexing these records was awarded to M r. Burgess for the sum of $500, this amount was paid to him, but it was learned later the contract had not been complied with, in, that the work was unsatisfactory. Mr. Burgess was called on to make the work good, instead of doing so himself he deposited $350 to have same done, and Messrs. T. M. Wells and R C. Welis undertook it but, for oie reason or another, these gentlemen could not spare the time from their regular employment, and they secured the services of Mr. E. B. Brown, who is completing the work and expects to have it ready in a short time. The grand jury at the last term of court, we think it was, made some reference to fis money being deposit ed by Mr. Burgess, and suggested the work be completed or she -money r? funded. The suit was filed by a Char leston lawyer, and we suppose the case will come on for trial at the next term, then is will be seen whether -or .not Mr. Burgess is entitled to recover the money, and it will also be seen whether or not he was entitled to receive any, thing for work the officials, and mem bers of the bar claim is almost useless, nd, altogether unreliable so far as furnishing accurate information is con cerned. l'ot only was the work inac curately done, but many names were entirely omitted, is the information given to the writer when he sought in formation in response so a request that provision be made for more compensa tion, it being claimed the amount al lowed was irisuffcient, to compensate the ccatractor for the volume of work, even though Mr. Burgess assumed the contract at tbe figures provided in the Act to reindex these records. New Law Now in Force. The act of the Legislature to provide for the registration of all births and deaths in the State of South Carolina, which was approved by the Governor on the first day -cf September last, is now in force and the machinery is in operation to carry it out in all its pro visions. Local registrars have been appoint ed in all incorporated cities, towns and magisterial districts, and the law re quires that to these several local regt istrars shall be reported all births, stating time of birth, sex, race, etc., and these certificates are tobe copied, the copies to be filed in the office of the clerk of court and the originals fied in the office of the State Board of Vital Statistics. A similar course is to be followed in case of all deaths, and there shall be no burials or transportat ion of dead bodies without an official permit. Punishment by fine of five to one hundred dollars or imprisonment for not less than thirty days, or both fine and imprisonment, is provided for violations of the requirements of the law. As a matter of. course, no official working under this new law desires to collect any fines or have any one im prisoned, but it is earnestly desired to have each birth and death duly re ported that a permanent record may be had or it. Why should all deaths be recorded? Tn the first place, because the facts in the case may later become a matter of the utmost importauce to relatives or others concerned, and it is often extremely difficult and sometimes utterly impossible to do so by livinz witnesses or privately kept records. A case happened here in Clarendon coun ty within recent months where a great deal of correspondance was necessary perhaps not yet satisfactory to estab lish the facts of a certain death that oc cured here. Similar eases are frequent v occurring throughout the State. Then, as to the registration of births, tjere is hardly a relation in life in which the evidence of such accurate registration may not prore of the great est value, such as the matter of des cent, the relations of guardians and wards, disabilities of minors, the ad ministration of estates, settlement of insurance, registration of voters, the enforcement of laws relating to child labor, and a thousand and one other important matters. The fact is, we should have had such a law from the foundation of the government and it is imperative that it should not be delay ed longer. Our State is behind nearly every other State in the Union in this matter and every citizen should heart ily co-operate with the officials of the Bureau of Vital Statistics in getting the work started right and in keeping accurate records from now on. As things now are, there are -many people, both white and black, here in Claren don county that do not know how old they are an'd cannot give a correct statement as to the ages of their chil dren. To have the records made does not cost the individuals anything more than fu '' hingthe facts to the reig Court The Court of General Sessions con venes in Manning Monday January 25 with Judge I. W. Bowman presiding GRAND JURY. C B Dukes, New Zion, R F D. W 0 Gardner, Turbeville. J S Ridgeway, Manning. D D Barnes, Foreston. B B Odom, Manning, R F D. W 0 Baird, Turbeville. G M Smith, Manning. "-W L Lee, Manning, R F D. J D Beatson, Davis Station. C E Cochran, Manning. J E Husbands, Foreston. R D Timmons, Wilson. %OLDOVERS. R Hugh Belsar, q 1-nmerton. R E Thompson, A.calu. J McD McFaddin, Manning, R F D. J M Galloway, Manning. A C Harvin, Manning. J N Fann, Alcolu. PETIT JURY. J W. Rigby, Manning. J W Wheeler, New Zion. R P Bilips. Summerton. P A Fann, Alcolu. H S Briggs. Silver. J D McElveen, New Zion. W D Gibbons, New Zion. W H Rawlinson, Manning, R. F. D. T'S Coker, Turbeville. D E Geddings, Paxville. Marion Williams, Manning. H J Ross, Silver. C H Baggett, Wilson. J M Rowe, Summerton. C J B Corbett, Davis Station. J H Witherspoon, Alcolu., L M Justice, Manning, R. F. D. E H Clark, Davis Station. C T Martin, Alcolu. A B Thames, Manning. H C Chewning, Summerton. JT Coker, Turbeville. R J Carrigan, Summerton. H A Alsbrook, Wilson, R F D. S E Hodge, Paxville. C F Rawlinson, Jordan. E M Watt, Summerton. Jos E Davis, Manning. W D Young, Aicolu. H F McFaddin, New Zion. J E Childers, Davis Station. Howard Hodge, Silver, R F D. John L Johnson, Davis Station. R T Geddings, Paxville. L R Cole, Seloc. H H Hilton, Davis Station. Emancipation Day Celebrated. There was a large crowd in town last Friday to celebrate- the 51st anniver ary of the emancipation of negro free loom. It was a good day; and a real lively time was bad among the colored eopie. There were two brassbands on hand. rhe parade was made up at the "old school house," headed John Washing ton and his staff of marshalls and the president, Rev H. C. DeLaine, amd >tber officers. Two dozen or more bu -ies were in the procession which went ,hrough the streets to the co'ored graded school, where the sp.ak-wg Dook place. Impromptu speeches were made by Rev. A. W. Timmons, A. Collins and >tbers.. The orator of the day was H. B. Thomas, a dispatchIng clerk in the raogeburg post office A large crowd reeted Thomas, who made a practical lk along the lines of industry and right living. The speaker did not de iver his address from a, manuscript, but was &eered throughout his dis :ourse. He cautioned the colered peo ple to live so as to hold the friendship >f the best white people of the com nunity in which they live, declaring at feeling between the races in )rangeburg was nothing more than ood will one for the other. ,R. B. [homas is a native of Orangeburg. His arents belonged to ex-Senator Razor td Judge B. H. Morse. He has held his resent posieion for over twenty years without one objection being made from ~he white people of Orangeburg. In every county in the Southern tates these celebrations are bad tiong the colored people, not so much is to honor Lincoln or' commemorate esults of the war, but to note the pro ~ress of the neg ro race since freedom, and encourage every movement that ends for the religious,'industri*l and noral uplift of the negro as an Ameri an citzen. The:offleers elected "for the ensuing ear are: Rev. H. C. DeLaine, presi ent; Jas. Seals 1st vice-president; -S. d. Walker, 2nd vice-president; Calvin ohnson. secretary: Charles Nelson, reasurer. Among the county executive omittee are ,A. Collins, Jno. Deas, d. Walker, Furman June, B. Brock, li DuRant, L. D. Moses, Eli Coe. Jno. Washington, Oscar Davis, Wash stukes, and Eli DuRant were elected narshalls. - New Zion. Mr. Richard Baker and Miss Ella Baker, took a flvingv trip oSio uesday. Sio Miss Thelma Boyce of Shiloh, Miss aggie Smniley, Mr. Edward Haxring tn of Workman, were the pleasant vis tors of Mrs. Hugh Baker, last week. Mrs. Bettie Thompson and her aughter spent the week-end at the iome of Mrs. Hugh Baker. Misses Thelmna Boyce and Ella Baker spent Saturday at Workman. Mr. Sam Evans is still very ill, we iope for him to soon be out again. Mr. Buren Baker spent a few days ast week at Workman. Mr. Buren Harrington, Mr. Joseph antey of Workman, spent -Saturday ad Sunday with the family of Mrs. ugh Baker. Miss Alice Baker spent a few days ast week at Workman. Miss Alice Cantey of Cades, is the leasant guest of Mrs. W. H. Baker. Mr. S. .1, Cantey and family, spent ast week at the home of Mrs. W. H. Baker. Mr. and Mrs. I. C. Coker, of Colum ia, spent last week with the family of Mr. McLeon Evans. Miss Daisy Evans spent the past three weeks at Cades and Lake City. Mr. and Mrs. Maxie Smniley of Lake City spent the holidays with the'famnily f Mr. I. M. Baker. Miss Susan Ella Baker is spending this week with friends and relatives at Olanta and Lychburg and Elliotts Mrs. Santa Claus. Methodist Church. Sunday School 10:30 a. m. Mr. Jos, Sprott, superintendent. Public worship. 11:30 a. mn. and 7:30 p. mn., conducted by the pastor. Epworth League, 4 p. mn. Prayermeeting. Thursday 4 p. in. TRINITY:-Sunday school every Sunday at 3:00 p. m. Mr. A. M. White superintendent. Public worship ot the 2nd and 4th Sunda~ys at .4:00 p. m, conducted by the pastor. The public is cordially invited to all services. Baptist Church. Sunday School 10:30 a m. E. L, Wilkins Superintendent. Preaching by the Pastor at 11:30 a m. and 7:00 p. mn. Illustrated song at the evening ser vice. The Public cordially invited to at tend all our services. J. A. ANSLEY, Pastor. Notice to Creditors. All persons having claims agains the estate of Charles L. Ridgill, de ceased, will present them duly atteste< and those owing said estate will mnake payment to the undersigned qualifiet Administratrix of said estate. MRS. J. G. RIDGILL. Manning, S. C' ec. 31, 1914. Sardinia. Miss Estilena Reardon hai returne, to Manning after a pleasant visit wit] friends here. Rev. and Mrs. J. N. McCord is visit ing relatives near Hodges. Miss Lidia McFaddin returned to he school near Georgetown Monday. Miss Ellie Picket and Miss Haze Rush took tea at the Nelson's Ne; Year's night, and Mr. Edgar Nelsoi carried a smile the whole night. H would come to Sardinia that night. Mr, W. R. Burgess, of Sumter, spen Xmas here. He always brings. sant; claus with him to gladden the heart of the ceildren. Mr. Ollen Rose of Sumter, spen Xmas here. Mr. Eugene McFaddin of Clemsor college spent the holidays at ho-ne What he did for the spare ribs an< baked potatoes was enough. Mr. R. Ellie DuBose has returne from a isit to Greelyville with a beam ing smile on his face. Ellie is not to< old, girls, to surprise you yet. Elliott McFaddin, alias Dime, goi lost in the branch and the water wa. cold. Mr. Henry Ferrel and family of Greelyville, is visiting at the home o: Mr. R. E. McFaddin. The people of Sardinia attended t dance at the Nelson's New Year' night and had a big time. Pat Nelson dances the new danc( .beautiful. Mr. J. E. Millsap took advantage o New Year's sun shine, baled 100 bales of hay and drove 7 miles to a dance. The next day he was trying to borrov energy. His horse spent a nice night it Mrs. Nelson's woodpile aud his buggy was in the wash pot. 'The Sardinia Christian Endeavo Society had their meeting at DuRantc Sunday night, and Mr. L. B. McFad dih had rheumatism and couldn't crosi the swamp. E. A. M. The Case of Colclough vs. Briggs Et Al. S. M. Colclough, plaintiff-respond ent, againstA. J. Briggs, R. B. Smyth, Mike Powell and E. A. Smyth, the du ly qualified executors of phe estate o1 B. R. Briggs; -deceased; defendet-ap pellants. B conveyed a S a lot of land and warranted the title to same. About four years thereafter a railroad com pany brought action to recover one hundred feet .from the centre of it track by virtue of a deed from B, said railroad company having acqui.zed said title, and having been in-full operation for several years-prior. to the convey ance of said lot to S, the grant to the railroad company beine for railroad purposes and os right of way. S vouched to 13 to-come in and de fend the title but he refused and S em ployed lawyers to defend the action, which terminated in favor of the rail road company. S then commenced this action for damages on account of a breach of war ranty and expenses incurred by reason of defending the suit referred. Held that the conveyance to S was subject to the right of easement previously granted the railroad company; and there were no breach of warrant. Before Judge Tbos. S. Sease, Clar endon. Reversed. Opinion by Eugene B. Gary, C. J This is an action for the recovery of damages alleged to have been sustain ed by the plaintiff, on account of a breach of the warranty coatained, in a deed described in the complaint 'bere in, which will br found ia the report of this case on a former appeal in 95 S. 0. 4. The facts are thus stated in the de crees of his honor, the presiding judge: "This action was heard by me in op en court on the pledings, the records in the cause and the testimony offered Tobaccc -l1c. Yarc FIND US IN AARON in evidence, a jury being waived by all parties to the action. "It appears that a demurrer to the b complaint was first interposed by the defendant on the ground that said. com plaint failed to state a cause of action, but said demurrer was overruled in a r recent decision of the supreme court of the State.. "It appears that in the year 1904 E. M. Briggs and R. R; Briggs. trustees, conveyed to the plaintiff herein a lot of land in the town of Summerton, county and State aforesaid, and warranted the title to same; that in the year 1908 the Northwestern Railroad company of South Carolina commenced an action to recover a portion of said lot extend ing 100 feet from the centre of its track by virtue of a deed from the said E. Mi. Briggs and R. R. Briggs, said railroad company having acquired said title and having been in full operation, several years previous to the conveyance of said lot to the plaintiff herein as afore said; that at the time of the commence ment of the action by the said railroad company against the plaintiff the said plaintiff vouched the said R. R. Briggs, trustee, and reouired him to come in and defend said action, which the said R. R. Brigs, trustee, refused to do, whercupon plaintiff employed attorneys and defended the action, which termi nated in a decree of the supreme court-, as reported in Colclough vs. North western Railroad company, 89 S. C. 555. "The a6tion herein by the plaintiff is for damages on account of a breach of warranty and expenses incurred by reason of defending the suit referred to in 89 S. C. 555, supra." Turning to the case of Railroad com pany vs. Colclough, 89 S. C, 555, we find the following statement of facts: "Briefly it may be stated that the ev idence established a grant, about the year 1888, made upon valuable consid eration by the life tenant, of the -strip of land here in question, to'the grantor of the plaintiff for railroad purposes, and an occupation thereof by the plain tiff rallroad company, for its use as a right of way for some period of time, the length of which is not ciearly stat ed, prior to the takibg possession of a part thereof by the defendent, in the year 1904. Notwithstanding the grant by the life tenant was duly recorded in the year 1889, the life tenant and her husband, the latte- being then trustee for the remaindermen, and beinz in 'vested with a power of sale under the trust deed, unaertook to convey to the defendant in the year 1904 certain lands adjoining the track and right of way of the plaintiff, the description thereof calling for a measurement in feet, whick include the right ei way in part, although the deed calls for the right of way as a bouniary. At some date sub sequent to the deed o! 1904 the'life ten ant being deap, the defendant erected certain buildings and fences, either wholly or partly within the limits of the grant of the right of way aforesaid. 1 "The finding of the circuit court as matter of fact is that a right of way was laid out and appropriated to rail road uses, 100 feet in width on each side of the track of the plaintiff .rail road company, in pursuance of the grant of the life tenant and subsequently it is further found that the plaintiff was in the possession and use of such right of way, actually as to part and construc tively as to the remainder at the time or the entry and possession taken by the defendant. "It appears, however; that by the terms of its character, the rail road company was only authorized to con demn for the purpose of its right of way a strip of land extending on each side of the centre of its roadbed, a dis tance ef 75 feet. While, therefore, it had the right, no doubt, to accept a grant for a greater width, its power of condemnation un'der its charter, onlyJ extended to a distance of 75 feet from NEXT TO HOME BAT >Cloth, 1 3-4 c RED IRON JO Suits now RED IRON LOO Shoes no RED IRON 1-wide Sea Isli RED IRON ierything is I RED IRON FHlE LE66 BUILDING, NE ABRAMS. its roadbed." In disposing.of the qiueUio. tien un der consideration the -:couit used ti language: "The defendant,.as .grantee of. the rcmaindermen or of their trustee, could rot recover any part of the land so ded icated to railroad uses, so far as the same was authorized by the charter to be taken for a right of way, and the defendant had uo right to take posses sion of any part thereof so dedicated in accordance with such charter, so as to interfere with the night of easement held by the plaintiff therein, even if the. same could be-shown to be embrac ed within the limits of the defendant's deed. Bridges r*. Railroads, 86 S. . 267 (68 S. E. 267;) Tomnkins vs. Railroad 21 S. C. 421; Railway vs.. Reynolds, 69 S. C. 4S1 (48 S. E. 416; Cureton vs. Rail road, 59 S. C. 371;(37 S E. 914.) "It must be concluded, therefore, that any estate acquired.,by thedefend ant in the premises by the deed of 1904 was subject to the easement previously granted to and then being used by the plaintiff company, so far as concerns that portion of the land in question which is embraced. within the strip ex tending 75 feet on each side of the cen tre of the roadbed of the plaintiff, and which it had the right to hold as a right of way." The court, in conclusion, stated that there was no error in enjoining the de fendant Colelough from interfering with the plaintiff in the exercise- of its right to the use of the strip of land for railroad purposes. embraced within the limits of 75 felt on each side of the rail road track. These -conclusions render unneces sary the additional ground upon which the apvellant's attorneys gave notice that they wouid ask that the amount of the judgment be increased. It is the judgment of this court that the judgmenr of the circuit court be reversed and the complaint dismissed. R. C. Watts, A.-J.. and George W. Gage, A. J., concur. D. E.. Hydrick, A. J., concurs in the result. Separate opinion by T. B. Fraser, A. J.: The deed under which the plaintiff claimed contained the following boun dary, to "the east on the right. of way of N. W. railroad company." The breach of warranty claimed is the land covered by the right of way. The con veyance, therefore. either did not in clude the land coyered by the - right of way, or was a conveyance subject to the right of way. In neither case can the plaintiff recover. For these reasons I concur in the re salt. T. B. Fraser, A. J. Davis & Weinberg, for appellants; J. J. Cantey, for respondent. FOLYIWANTAR stos the couh and a4s ANYONE WISHING S A BA1 On account of closing ou1 we will commence Monday, stock cf Mules, Horses,:Bugg a big sacrifice. as.we are wa the Ford'Car.- - We alsobiave one- fine n that won pi-ize in showand a full line of Ford -ar agd-p 10-12-14, VT Sumter, St. (K AND TRUST CO. ents per yarn RACKET. for $8.95, at . RACKET. yv $2.48, at ti RACKET. mnd Homespu RACKET. leduced at ti RACKET. XT TO HIOMYE BANK AN RACKI' nashlumrbus Udge' George case i rought eiegrazh ega $2.85, for subs that if the person Uewspaler'after it''" to hiin, and lie ceive it he was payment and must an important decisia newspapers, because some people who hae permitting a new seit to them but refdf onhe ground that it longerdiihan th . it, or that they e'!e scribe. If a - out and the -dceei eare to pay for it all"" to do is to return it office iarked refzsedAb accept it the law saYM5 id debt and they must Times makes it a ldf force itself upon pp their will, it only paper to boni- fide sit does noG run a lis'e merely to. swell: list, to do so is n >, the postallaws thraeio scription. list contains-. names of "ge, ine A74 and'for this seas1 'ere little trouble with the get the'paper nt1pa then claim theydi o and refuse payment, '. Notice of I rwill appljto theJqdge-I for Clarendon Countyon of January,;1915, at .11, for letters of-di bar tor of the estatieeof.' Cay, deceased. Dr.E~ug'n e T he. rOCK CAN -ET V IGAIN. 2, part of our stablst fanuary 4th; to' les, Surries blodvtem mot or ud ~ca~&j nis 6c., t v - 'l8e D RS Manaher.