Norwalk Chronicler

Norwalk Gazette, Tuesday, July 20, 1852 · page 1

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_mei-ly occupied by the

 

PUBLISHED EVERY TUESDAY MORNING‘

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BY A. BYING,TO‘~N' &,co.°i ,. 

 
 
 

 

 

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'.. ,‘:*1‘F~."‘$', _:

CA Jfaiiiiln Ntmspapzr-~~il|2votcb to fliteraturc, fietieizal fiitttllifigegitreii,lillolitirs, Zilgrit-i1ttiti:lei,€t:rts.‘n§iti,i’fliifilttitttfatimtsii. 7:’ 

 
 

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Tiii: NORWALK GAZETTE.

A. H. BYINGTON &. CO.
A. H. Briscroit. H. W. Hvxrr.

C_._ J. Gruman.

 

‘s of the Gazette.
rs by carrier-pr yr

in advance do

1' those living out of
- , and who call for

ice

'eceiving their
3 advance 1 50

$2 00
2 00

150

tislng.

’ 75
87

1 00

. e with mattress

a low prices.

u_.

- " NEW BOOT, seen.
, Eleather & finding store

-\V[-IOLESALE dc RETAIL.

 subscribers hereby give notice to the

citizens of Norwalk,and the public in gen-

-eral, that t.hey have taken a store on the west

side of the bridge, opposite the Post Office—
No 1 Water st. and fitted it up in good order,

"where may be found at all times a large stock
jof gent.’s, ladies’ and children’s Boots and Shoes

'ofall descriptions, manufactured by us express-

ly, for this iiiarke_t, by the host of w,orkmeii and
‘of the best materials, and no exertions will be

spared to please those who favor us with a call.

.Customers" work made to order, with nealhess

and despatch. A share of the public patronage

is respectfully solicited by
._ . HANFORD, Jr. «Sc Co.

E‘ Particular attention paid to repairing in

15

‘all its branches.

,Norwalk, April 1st, 1852.

NOTICE.

< LL persons having unsettled accounts on

my books are requested to call and settle
with me. or Judson dz Bissell, wlioare author-
ized to receipt said accounts at their store, for-
subscriber.
S. E. OLMSTEAD.
April 12th, 1852. . 15tf

~ Dry Goods &. Carpeting.

.'_I-‘HIS day received iind now ready for in-

spection the largest and best assortment
of goods 1 have ever had the pleasure of offer-
ing the public, among the goods may be found
a very large amount subject to slight iin]aej,fec-
tion in manufacture which will be sold at one
halfof their actual oalae (all in want of two

‘dollars for one would do well to call) my stock

‘is now full and complete and every inducement

will be offered to all in this or the adjoining

towns, come one, come all and exzfiiiiiie for

your_selves,as all my goods will be fi'eel_v shown

and none urged to buy,gr‘eater inducements will
be offered than ever before. Remember this

and cali at the Bridge Si"."f:‘.. J, GRU MAN.

Window Glass.
‘BOXES best FRENCH GLASS,

‘ 6 all sizes. .
American do.

100 boxes
for sale very low by Z. SANFORD-

Westpoit, March 29. ’52.

do

i THKLEATD
OXYGHNATED B ,
CONTAJNING NO ALCOHOL,

A sure Remedy for

' DYSPEPSIA, ,

IN ALL ITS VARIOUS FORMS,

Such as Pain in the Stoinacli. Heartburn, Ha-
bitual Costiveness, Acid Stomach. _H8ml-
ache, Loss of Appetite. Piles, Night
Sweats. Asthma or Phtisic,
Flatulence or Wind in the Stem-

. ach. Ncrvousness. Coldness of the
Eictremities, Weakness . of the Limbs,

a General Debxlity, _ _
and all the iude5cril)l1l.)l8 symptoms of this am-
versal disease. These are also the best tonic
known forthe prevention and cure of

’ L Fever and Agile, _

These Bitters have ieceived the HNIHEST
'I',EsTiMoNiALs ever offered to the public‘in fa-
.yf,r of any medicine in the world, and are ap-

raved by some of the best physicians. who use
them inth-ei r practice. For the most; satisfac-
tory proof of the success of this remedy, see

mphlets containing full particulars and cer-
tificates from Menrbers of Congress and other
rties well known tothe public. Any individ-
ual wishing further information-respecting this

-INVALUACBLE MEDICINE, .

are invited to ‘call on the Agentsumd satisfy

themselves by _ _
and certificates of the lrigliest respectability.

. on. GEO. B. GREEN, Pi-op:-ietor. Wino-

.‘ V _ .
“’“REtED. BATES 65 AUSTIN, Wholesale
.B08l0B‘,-

Difuggists. No. 26 Merchants’ Row, ,

General Agents.
Price $1 per bottle; six for $5’.

CAUTION .—-Eeah bottle of the Genuine
e-noted Bitters, will have the outside
wrapper. printed in En.r'zlish,Frencli and Spiro"-
ish, with the-sig'ii'iiture of Geo. B. Green, Pro-
and in addition, a
finely engraved labelupon the top of the bott_le
with the signature of Reed, Bates & Austin.
who are the sole General Agents,and to whom

Dog

prietor, upon Three Sides,

all ‘orders must be addressed.

 For sale by E BISSELL. and druggists

ggngfally in the U. S. and Canadas.

at the fool. of Jllain st.—over the store of

-,-ef."e.-ence to numerous, letters

\ NUMBER Q38--NEW, SERIES.

ICE CREAM SALllllNl

THE subscriber has just opened‘ an Ice
Cream Saloon at his Confectionary Establish-
ment-, next door to Allen, Meeker 65 Co's.

This is a cool and pleasant resort for ladies
and gentlemen. Ice Cream of the best quality
at all hours of t.he day and evening.

1. H. CAMPBELL.

Norwalk. June 29th. 1852. “G

Men Wanted
TO TRAVEL AS AGENTS.

THE subscriber is now publishing by sub-
scription a very interesting and valuable work,
by one of the most popular and well-known-an-,
titers in the country, illustrated with engravings
—and offers liberal inducements to a large iiiiin-
bei' of Agents to circulate the same in the sev-
eral towns in Connecticut and adjacent States.

For further particulars applicants will please
call on the subscriber, when all necessary iii-
formation will be given. ,

H. MANSFIELD, Publisher,
134 York St. New Haven.

3t*26

IST of Letters remaining in the post office
at New Canaan, July 1st. 1852.

Aines O Mead Mrs
Albert Robert A McQuellon Patrick
Bell \Vm H Muloy Catharine

Mesenger J F
Mills Hiirriel:
O-borne John
Prince Theodore
Pitkin Rev '1‘ C
Parsons 65 Co Squire
Rosbury Sarah E
Rafferty Ann
Scoficid Chas A
SCO\‘lll Agness
Short Rev D H.
Tuttle Amira
'l‘urkington John
\Vhitney Mary A

Bustoii Julia A
Brown Adaline
.Bnslin Dennis
Butcis John H
Cov-/ls \Valter S
Comstock Esther
Crofut Henry S
Doniighee Patrick
Heigeal David
Hoyt Eliza.

Hoyt Erin
l~lisst.owii Hazen
Knapp Delia
Lolas Micheal
Miller Chas H

Persons calling for the above letters will say

advertised. BENJ. HOYT, P- M.

IST OF LETTERS remaining in the
Post Office at South N0l'\\’i.llli, July 1st,
185;’. '
I1lJl)0l.t E M
Aldrich Ml‘
Bacon C-L
Bennett Isabella S
Bronson J \V
Byrne John
Conway James
Driscol Daniel
Fitclipartrick Vl'm
H ealy Mary
Hays Edward
Kelly Bridget
Lyrics John

McLaurey Mr
Mahoiiey Andrew
McCoi-mick Thomas
Murry John

Malre Horace ‘
Murpliy James
O’Conner Patric
Peck Wm H
Sci‘-voy Michael
Smith John
Stephens George
Tryoii Allied
\l/liitney David B

H. TAYLOR, P. M.

Notice.
HEREBY forbid all persons from harbor-
ing or trusting my wife.Susan L. llayiiioiirl,
or my son, Charles \V. Raymond, Jr., on my
account. as I will pay no debts contracted by
either of them from this date.
_ CHARLES VV. RAYMOl‘*iD.
Five Mile River Landing, l‘iorwalk, June

29th, 185:2.
For Sale.

ONE of the most beautiful residences
between N. York and N. Haven, situated in tho

' central part of the village of Norwalk, with

House and Barn nearly new. About three
fourths of an acre ofground, with alirost every
variety of fruit and floweis, that can be desired.
For particulars enquire at. this office. §.'2t.f
N. B. As i'efei'eiice is bad to us, we can say
that it is rare that so desirable and eligible ii
place, is offeied for sale, upon anything like as
low tei'ins.—[Eal. Gazette. -

VVILLIAMS dc GUlON’S
Emigration and Foreign Exchange
OFFICE,

N 0. 40 Fulton Street, lVcio Y.»-1:, and H5
Walc7‘lo0 Road, Liverpool.

The Old Black Star ].info. ot‘.Paeli;ct.s,
Sailing punc'tua,lly_f.'omMLiv'crpool on the 1st,
Glll.-_.1—1l.’.‘.','i6lllf, 21st and 26th of €(l(‘lL month,

i and comprise the following splendid ships:

Universe, _ Captain Bird, 1700
Jacob A. \Vestervelt Hood less‘ 1600
Win. Rathbone S|JP»ncel' 1900
Ticonderoga Boyle I300’
Princeton Russell 1400
Irene ‘vllllilllfls 1200
Minnesota Allen 1000
Silas (lreenmim Spencer 1000
E C Scranton ‘ Spencer’ 1500
Leviathan Knapp 1500
Wm H Harbech Marshall 1500
Guy Mannering Freeman 1600
Wasliiiigton Page 2000'
Enterprise Funk 1900
Aberdeen Knapp‘ I000
Richard Alsop ' Siniih 1000
Niagara Smith 1000
Dewitt Clinton Funk I300
Marmioii Hadley 1000
Sandusky ~ Borland 1200
Oivega H ubburd 1500"
Robert Kelly Barsfow 1400
New Ship Edwards 1750

These Ships arethe‘ most magnificent that
have yet been built. They are commanded
by able and experienced Captaifi, famed for
their nautical skill and kind t.reat.ment to eiui—
grants; and their accommodations for Cabin,

vastly superior to thoseof any other Line.
The Ship’s allowance of Provisions compri-
ses flour, oat-meal. bread, potatoes, peas or
beans, rice and vinegar, which is dealt outta
the passengers once or twice a week during
tlievoyage, at the rate of 10!; lbs. per week
for each adult, and‘ half allowance for children
under twelve years; and in addition to the
above, a fuither alfowance, according to a late
act of the Boitish Pa l‘lli1m‘8l'Pt. 05 two 02- 1%.
half lb. sugar, and half lb. iriolasses,to eacli
adult. weekly, with three quarts water daily.
lm all cases where any of'“tlie_persous paid‘ for
decline coming out, the full passage‘ money is
returned without any deduction. ,
Persons residing in the country that llesffe
to send money totheir friends in the Old Conn.-
try, and wisliing to save time and expense. 08"
have it done’ in a satisfactory. and correct
manner, by enclosing by Post, to the subscri-
bers, the sum they wish to send‘, with the
name and address of the party who is to re-
ceive it. whena draft on the nearest Branch
to"their resi‘d'ence will be forwarded by first

returned for the money by next mail.-

‘ 0

Second Cabin, and SI;eei'a«;_e l’asseng_evs,- are L

steanrer with as inu'ch- punctuality as if the

NORWALf{, or. TU,ESD’AY,* JULY 20;,.;l 

POETRY. _
. Frlendsiiip‘. _

What is friendship ?-—’tis a gentle flower‘

That only blooms beneath the sun's warm ray;
But if a storm—-an angiy cloud should.lower—

The bud is nipt-—the blossom’s past away.
What is friendship '1-’tis a breatliing spell,

The softest sound the lips have ever spoken;
A thing too pure on this cold earth to dwell,

A silken knot, scarce tied ere it is broken.
Yet ’tis the guiding star of all our hopes,

Our stav—our solace in this world of care,_;
And cold inusl be the heart, and sad the soul,

That has no friends itgsjoys—-—its griefs, to share

MISGELLANY.

The Bride’s Dep'art'1u-e.

The St. Louis correspondent of the Cincin-
nati Atlas relates the following incident,
which occurred on the boat in which he em-
barked from Louisville:

“ After 1 had gone on board-, a few moments
before we started, my attention was drawn
towards group of friends with whom I be-
came very much interested. It was a family
parting with _a daughter and sister who was a
bride, and was leaving the home and friends
of her childhood, to cast her lot will] one she
loved, and seek another home in the far, for
West. She appeared to be an only daughter
—at least there was no other sister there——
and the parting of the mother and child was
one ofthe. most afiiacting scenes I ever wit-
nessed. They sat for an hour side by side in
silence-—the heart was too full to speak-—
waiting for the boat to start, and appearing
anxious to remain together as long as possi-
ble. At length the last signal was given;
they then arose, and Will) a look ofgrief, that
I will never forget as long as I breathe, they
regarded each other for a moment, and then
enclosing themselves in each other’s arms
stood for a while trembling in their parting
anguish, as in fear lest, to sunder that em-
brace, vrould tear every heart-string loose.-
But at last, sumnioning streiigth, they bade
each other the sad farewell in :1 tone and man-
ner beyond the power of words to describe,
such as told all the depth ofa motber’s and
a daughter’s love, and such as subdued the
whole company who saw it into sadness and
tears. The father then came and gave his
parting blessings, and bade bis sad farewell,
and then took the mother and they moved
sadly away. When they had got to ilie cab-
in door, she turned to take the last, long, lin-
flering look, that the heart loves to, and will
take, when parting with some dearly loved
object, though we feel that in doing so, the
tide ofgrief, and woe, and anguish will poor
with a tenfold force around the soul. Their
eyes met, and iftbey should never meet on
earth again, that lingering look will be re-
mcnibcred till both hearts are cold and still
in death, till they meet again in Heaven.--
'l'be broiber:-, l.Vl o of them, remained on board
to take their parting at the foot of the Falls:
The eldest broiber—-almost a inan——-tried to
port viiili manly dignity; but the last em-
brace was too much ;? be quivered for a while
like an aspen leaf, and then bade farewell in
tears. The youngest—-=-a small bo_v—gave
loose to his anguish, and sobbed as ifhis very
heart would burst—and after kissing her
again and again, left her as though he had
left the sweetest and dearest friend on earth,
as though he‘ had met with his first sad, great
loss-——and I doubt not that amid all the storms
oflife, that parting hour will be remembered
forever. After they had got on shore they
stood on a point and waved their last adieu
till they were lost sight of in the distanc'e.——
Then, no doubt. afuli scitse‘ ofhsr lo:-:3 cont-
irig ironic with all its power to the young
girl’s heart,and feeling thatsfie was alone
in theworld with the man she loved, (who
stood by her wi".h his arm around lier,) she
hid her face in his bosom, and gave way to
all the agony of her grief. Then I thought,
what will woman not on when she loves wi:ii
all her heart? And what a treasure that man
could call his own,- when he held that young
girl in his arrns, and knew that she‘ suffered
allthat anguish for her love for hii‘n; and
then I thought what a base lzedrt his must be
if he could abuse that love, and betray that
trust and confidence. Yes, base he‘ must be,
if he does not love her more than his own
soul, and ifhe would not sacrifice every self-‘
lsll joy he has on earth to make her happy.

 

The Odd Bridegroo1n'.

A young clergyman sat in his sti.*dy‘,com-'
posing a sermon. It was a bright spring
morning, and in order to concentrate his
thoughts on the subject of the discourse he
was writing, Mr. Burton was obliged to close

of nature, which to him was most attractive.
in an obscure light, his pen was beginning
to move quite rapidly, when the wind blew
his blinds open, and sent his manuscript flut-
teringacross the floor. 'l'he_sunlight gushed
in, and at the same time, Mr. BuitoiI‘s ideas
flew out. .

He turned his chair and looked out of the
window. Beauty eharnied his eye, and the
music of singing bird-s fell on his ear. Nature,-
at that moment, appeared considerably more
attractive than theology. The green leaves
of the trees caused him to forget the leaves of
his manuscript. The plumage of the birds
made him disgusted‘ with his gray goose
quill. Yet Mr. Burton felt that he ought to
labor that morning.-

In casting about him to find an excuse for
his idleness, yre saw a ch-aise drive down the
street, and stop before his own-do-or. A good‘
looking, plainly-dressed‘ young man helped-
out a graceful; pretty girl, and they mounted‘
the steps together. Mr. Burton heard the
door bell‘ ring, and presently a domestic came
to inform that a young geniliemzm a-eds‘ lady
wished to-see him on business.

“A marriage, I am sure,-” thought the
clergyman, siniling. , V __ ,

He was not inistaken. The young man,
in aifranllk, off,-hand m_‘an'nei_-, told him that he

"°-mu "nding it was present’ and 8' rec°ipt',bad called for ibepurpose of getting married

the w-indow -blinds, and shut out the beauty .

- ~¢xl)_I' ;_~

to his c'om‘pani'on' ; and the girl's blu‘sh_es told
the same story.’ _ , l V I L

“ Very well,” said, Mr. Bhrton',~ “ I am‘ al-
vv'o'ys'read,y to make young people happy.-
You love each other :” '_

“ We would wait a day,or two if -we did

‘ 003.". replied the youth. .

His companion blushed again.

“ Have you witnesses Z" asked the clergy-
man. ‘ -

“ We are not rich,” answered the bride-
groom, “and could not afford the expense of
bringing any of our friends with us. If you
think we had better have witnesses perhaps
you will call in somebody.”

“ It will be well to do 30,” said the clergy-
man, smilino‘.

He called in a younger
housekeeper.

“We are in something of a ba~rry,”siii‘il
the bridegroom, as Mr. B. paused in the door-
way to give some orders to a domestic. “ I
have got to go to mill this afternoon, and it’s
a long drive home,”_

“ Stand up here then. and I will dispatch
you,” said the clergyman, with a vain attempt
at gravity.

“ You, George Chambers, promise to take
this woman to be your lawful w_ife Q’

George nodded. . -

“ To love her in sickness and health, to
share with her your joys and sorrows, your
bed and board-—do you promise 2” -

‘Another nod. , - -

“And you, Mary, promise to take this
man to be your husband P"

A nod and ii blush from Mary.

“ To love hirn—honor him '2"

Another nod. '

“ And obey him-”

A doubtful look from Mary.

"' In all things reasonable?" asked the
clergyman ; and she’ nodded. “ And to‘
make him a true and iiflectionate wife——-will
you promise?” '

Mary gave a decisive nod. Mi‘. Burton
added a few words, and pronounced. them
man and wife. Mary wiped her eyes and
George drew ii long breath. The clergyman
then made out his marriage certificate to
which the witnesses put their names: and
ended by giving them ii few words of advice.
At the some time, George slipped something
into his band, done up in a piece of white
paper. Afterwards,the bride and bridegroom
rode offin the chaise; the houselr.-eper, went.
to the kitchen, laughing ; the younger Burton
returned to his book, and the‘ clergyman to
his seimon. ‘

As the latter sat down to write, thinking
all the time,of the queer marriage ceremony
he had just perf-..rmed, he listlessly unfolded
the bitof paper the bridegroom had placed
in his hands. Peihaps the preacher was en-
rious to know how much so_ odd :1 man felt
able to pay for his marriage certificate.-’—
From the size ofihe piece, Mr. Burton judg-
cd that his fee must be something lizndsorne.
it was larger than a ,liallleag'le—-larger even
than an eagle. Could it be a twenty dollar
piece? Thcpapcr being folded, it was some-
time before‘ the clergyman could get at the
coin. His curiosity by this time was consid-
erably excited. ,_ At length he saw sometliing
very bright. The sun,s.li'o'ne on it. it was
:1 new, red--t,‘EN'rl Mr. Burton was a little
disappointed ; but laughing at the ludicrous
niistalce, lie lockedithc cent up in his desk,-
and devoted hiinselfto his sermon during the
remainder of the forenooa. ,

Six years had passed away. The st1oc'ess-
ful clergyman was one evening surprised by
a visit from astraoger. A well dressed, fine.
looking man lifted his hat, bowed respectful.
ly, and offered Mr. Button his hand. __

“_YQur n‘i'ci‘riory'is_bettc.'r than mine, if we
have ever met before,” said the clergyinan.

“ My name is George Chambers.”

Mr. Buiton had forgotten thathe had ever
fmoivn such an indi't'idt1a'l. '

“I think I can refresh your memory by
mentioning an incident,” said George. "‘ Do
you rerneinber marrying a couple six years
ago‘, and receiving for your trouble the fee of
one cent?" _ , , ,

Mr. Burton‘ liaughed, went to his desk. and
took from a small drawer a little roll of pa-
per. Unfolding this, he produced the cop-’
per in_question'.-

“ Yes: l remember all about it novv.”

"‘ Well, sir, lam the man.” _

“I remember your counte‘na'nce.”

"‘ You undoubtedly suppose that} in‘tcnde'd
to insult yoII!""' ‘

“No-1 tho-tight you were poor."

“' Sol was. ldid not know that l could
afford to give you any more. Marriage,-you
know, is a sort of lottery. Had l‘ given you
five or ten dollars, and got a poor wife in re-
turn, you must confess it would have b'ee‘n a
miserable bargain. Well, sir, the wife you
gave me is a prize. It has taken mesix years
to fmzl‘ out all her virtues, and now l have
come to‘ make you a suitable ack-nowledg-
irient.” , '

He placcil a purse‘ in the h'an‘d's of the as-
tonished mioisicr, who hesitated to accept it

.9‘ You need not scrapie to take it ; tl'i‘an'its
to my wife, 1 am now a tolerable rich man.”

The odd bridegroom tools‘. his departure.
Mr. Burton examined the donfemsof the
purse with lively curiosity; and he was not
a little surprised and_ gratified‘ to find that
they consisted of ten half eagles, brigh't,-shi-
ning-——apporently fresh from the mint!

And that was the last the clergyman ever
heard of the odd bri'deg‘ro'om'. .

brother and the

.N'othing' zs L’osl.——Thc drop that m‘in‘gl'es
with the flood, the sand d'ropped- on the sea‘
shore,~tiie word you have spoken‘, Will‘ I101 59
lost. Each‘ will have its i'nfl=uence,«,a=nd* be
left till time shall be no more- . Have you‘ ev-
er thought of the ‘effects that might be pro.-
dirced by It-single word. ‘Drop it please-nfly
3-m'ot'tg a group, and it will‘ rnakea: d‘oz'en' hap-
py,.,to,,~g_-t‘urn' to-' thei‘r.lYonres and produce the‘
same efi‘e_ct on a- h_untfreo ,pel‘l1‘il,]2lS_-, . _
word may arouse the indig*n‘atibrr,ofa'Wh9l°
neighborhooil ;3 it may spread like yvlldfire, l_0__
produce disastrous effects’. As no: w.o,r..d. 25.;
lost, be careful how ybu~¢p¢8‘l.<;- ' ' ‘ ‘

1

, cal order here following, and to comply strictly

. bad‘.

 gpr.-i_ri;_|'ny wax _8.ff3.¢l§3ibY 3.
7 ‘J

 

 , ' L ,Publ_ic Acts.-

Orfxcn or nu»: ,S,r:c_nr:'r.uur or STATE, ss, ‘
Hartford, July 6th, L852.’ ‘

Publishers of newspapers who insert in their

session of the General Assembly,-are‘ respectfu'l-
1y requested to publish said Acts ‘in the'n‘um,eri-

with the provisions‘ of the 6th section of-'._‘*‘An
Act relating to'- certain State O'fiicei“s,— and to the
Treasury Departmeiit. , _ .
JOHN P". C. MATHER-,-‘Secretary ofState.-
_ 'c'rr.u»-nzn r‘. _
An Act in-a‘1'fcr‘ation of “An Act for the Regain.
~ ‘ tion of Civil Actions."_

Be it enacted by the Senate and f1o'iZ'se of Rep-

rescntatives in‘ General Assembly convened.-‘

, SEC. 1. All actions, wlicrefri the matter in
d'errr'and does not exfcceid two hand.-‘ed’ dollars,
and all actions brou'ghf on bond or’ note; given
for the pa';.'m’cnt’ of tnoiicy only, vouched by two
witnesses, (efzcept such matters as may be tried
by a justice of tire; pvc‘ac’e,-)‘ shall be heard and fit-
nally determined by the county court. 5 _

, Sec. 2. Appeals may be had and a‘lIou"'ed
tram tlic'co(i‘nty court to l re superior court, by
the party aggrieved, if either party shall be ag-
grieved‘ by the sentence of such county court---‘-
in all suits or actions of ejectment or disseisin-'-‘-'
in all actions in which the title of land shall be
drawn in question,and inwliich‘ such county
courl shall make a_ record or certificate, that
such title was a material question made and tried
in said con-rt—‘iu all actions charging an injury
done‘ to la”nd.—'-inwhich the defendant "shall jus-
tify the same by special plea or written notice,
stating or allcdging aright ofway-—'iii~ all actions
charging the defendant with ob‘structing a‘ way,
i or for an iiij-_ury to a way, in which the title to
the way claiined b‘y the plaintiffsli-all b‘e broi1‘gbt
in question——in all actions charging the‘ defend-
ant with raising or obstructing the waters of any
stream. river, creek or arm of the‘ sea, by the
erection of any dam or other obstru‘ction,- in
which the defendant shall justify the some by a‘
special plea or written notice, stating or filled-
ging a‘ lawful i-ight—-‘and in all actions where the
settlement, of‘ a pauper is in question, and in
which such county court shall make a record or
certificate that the settlement of such pauper
was a material question, tried and determined
by said court. _ , _ __ V

_ Sec. 3? No‘ appeal shall be allowed from‘ any
judgment or decree of_ the‘ county court, until the
party appealing, aball become‘ bound to the ad-
verse parly in such sum as the county court
shall ordcrand \di1"ec't, in a rccogifizance with
sufficient surety, conditioned to prosecute his
appeal to effect. ' _

SE0. -1. If the plaiiitiff; in any case‘ which is
not by law appcalable from the county court to
the superior court, shall commence and prose-
cute his action in the supei'loi'- court, which
miglit have been commenced and prose‘cn‘ted in‘
the county court. and shall not recover .in said
stipcrior court ii greater sum‘ than seventy dol-
lars, the superior court may, at its discretion‘,
refuse to fax or allow to the plaintiff any costs.

Sac. 5‘. Nofliiug herein coiitaincd sliaIl.pr‘c'-
vent a party upon a‘ reversal of a judgment by
the superio'r court,-,f'rorn entering and_prosccu-
ting such action’ in the siiperio‘r court. in all ca-
ses where the same’ can now by law be done‘;
and all cases; suits or adtitins already commen-
ced, may be pros’ect't'tc'd and proceeded with for
final jitdgin'ent,.in the same maiin'cr as if this
law had not been enacted. , ,

SEC. 6. The supei-'ioi"'coui‘-‘t shall have orig-
inal and con‘cu'r'renf jti'risdic'tibii with the" county
court, of all actions at law, i.7her'ein the‘ matter
in demand shall exceed two‘ liundred dollars. 4 _

SEC‘. 7. All appeals from any order, denial
or decree of coifrts of probate, in any matters
cognizable by said, courts, to, the Stlplcflol‘ court.-
shall be tried by the court and not by a jury ex-
ccpling when_ the validity of the last will and
tes-lame'nt of any dcccascil _ person shall be
bi'oii_;{lit in qticsttoii. _ Proiivideél that nothing’
herein contained shall prevent said superior
court from a'ppointing auditor-s, or: an‘ appeal
from the doings of com'missioner's, in allowing
or rcjectiiig :1 claim upon‘ an insolvent estate,
where the some may now by law be done‘; ,

SEC. 8. A1Icau'ses'whci'cin the title’ of land
is not. c'on'cei"ncd, and wherein the‘ debt; tres-
pass, damagc or‘ other matter‘ in (lernand; does
not exceed, fifty dollars; shall be‘ heard and de-
tei'rn‘ine‘d_ by a jfisticc of the peace. Profiiried
lhal in, all cases where the sumj dcrfianclcil shall
exceed seven‘ do'll:1rs,~ an appeal shall be allowed
to the‘ next county court; and when an‘ :tpp'e'al
shall be allowed by a justice of the peace to‘ the‘
county court, the party so a‘ppealing,- shall give‘
sufficient bond with surely" to the" adverse pa rty,
to‘ p1'o'sect‘itc such appeal to effect, and to answer
all damages in case he make’ not his plea good:

Sec". 9; In all cases appealed from‘ a justice‘
of the peace to the county court. wherein the’
rnatter in deiiiaml shall not exceed the sum‘ of
twent_v dollars, e.\'ic'epting? actions in which, the
title to land shall lie drafwii in qt1'esfio'n,-—'aila'c-
tions c‘li'ai'_i;ing an‘ injii'r_v done to land, in which
the defendant shall justify the some by a special
plea‘ or written‘, notice, stating or all-edging a
right of w-.1y,-=='~’all‘ a'cfio’irs chartring the‘ defend-
aznt with obstru‘cling‘ 9.‘ way, or for an injury to a
way, in‘ which the title to" the way claimed by
the pl'.iin‘liff shall be b‘rou‘g‘ht in‘ quies€io'n'.-=‘-?nc'-
tions charging the defendant with raising or obf-
strdcting the waters of any 1-ivci‘, cr'eek or arm’ of
the sea by the erection’ of any dam 01", other ob‘-
s'tru7ction,- in which the defendant shall justify
the‘ some by special or written notice; stating or
a'lle‘dgi‘n-g :1 lawful r‘igh‘l,é-and all actions in
v§‘lric'h' the settlement of a'pau'per is in q.:'r‘e'stion,-
shall be tried by the c'ot."rt and not by a’ j-iiry.-=
Pro'v'z'ded that in‘ fhe'ca'ses not excepted as afore-
siiiid, if eiflicr party shall (lemon-d a trial by jury,-
thc ‘same shall b'e allowed-; but the. party de-
inairdiiig sibch trial, shall not be’ enftitled to re!-
cover may costs. after‘ such trial shall b‘e'dem‘ai‘i‘d-
c’d :' a'nd‘sliot'ild both‘ parties so demand a‘ trial
by jury to be so allowed as afoi'esa*id,- neither of
the said parties shall in‘ such case, be entitled to
recover" any costs, after such‘ trial shall be de-
manded asaforesa‘id.- , _ _

Sec. 10: All Acts and parts of Acts in'c'<'7‘n‘-
sistent with or c‘oiiti'ar'_y to the provisions of this
Act, he and the same‘ are liei'e'b'_v repealed‘.

CHAS.B'. PHELPS‘, ‘_ , _ _
Speaker of the’ House‘ of Rep’s.-
CHASL H. POND, Pi"esiden't of the Senate.-
.-/Ipprov'ed June 29!/i, _1S5‘2‘. ,_ , _ , _
- , THOMAS-H. SEYMOUR.-
c-'a.u=1'~r:n~ if. "
an Act’ in‘ addition to "An Act for tire" regula-
. tion of Civil Actions.”
Be it en'a'c_t‘ed by’ the Senate and House of Rep‘-
fcscntatfivcs in’ General ./fssembly convened.-

Sr:c'. 1'. The action of debt on book; shall be
a‘ proper remedy in all’cases,~ fog the use and oc-
_ cup':it'ion' of horfses, lands, te‘n'em'en*ls or other
real’ estate: _ _ , _.

SEC". 2'. That all Acts and parts of Acts: 111'
consistent with the provisions of this Act,-be and
the same are hereby repeale .- ‘

Approved-, June 29, 1-852.

- ctr.-u5'r1~:a 1‘n'.- , a
An‘ Act in addit~i'on to An Act for an restf-
. lotion‘ of Civil" Actions." . , ,
Be it" ei'z'a'cled by’ the Sen'a'te‘ and Home of Rep-'
resentatt‘ve3' in Gerteraif ./Issenzblg; convened. '

Sec. 1,. That in'all= actions of trespass, other
than thoseof assault" and battery,»an‘d' in all‘ ac-:
tions of.ti-espafss on‘ the case, in’ wlixch J3l}’dg_!n’eli,l2_
.i_.aii= be‘ rendered in favor of the‘ P1’<1”YU‘lls‘,1l
shall-' be 1‘awfu‘l for‘ the d‘cfen‘dant or defendants
in‘ such action, to set ofi‘ against such judgment
any debt‘ ordebts which he or -they-. may li_o1d‘
either. - jointly or severally. against the, plaintiff ;‘
which said right of set ofi',_shaIl _not be defeated,‘

‘ ‘ " assigrini‘ent.of=s.o,ch:

' ‘ ; , YOL‘UMEi Xxlxv.--all

respective journals the Public Acts of the last".



shallbe taken object to such’ l'lg’l_lt'__0fi_Se_t foil."-,-’
Pi‘b!§‘ide‘d Ii‘ow'ever,',t‘hat _no debt or" dbhtsjwhiclr
the defepdant oridefendants ‘shall havé‘a‘éq_uired_
by"-pu'r‘cli‘as'e or" assignment at't'e'r*the‘ac'ér"r'nn'g of
{because of tion‘,--i‘_i'pon‘ which such jiid'g‘i'ncnt
shall be ren ered,.shall‘l'Jte"=a'l'l3ot\‘e‘d-as rant 0
under this Act. _ _ ,. ~. ' .-

, S1-:c'._2._In all such cases,-the defendant oI'*d'o‘-
fenda-ntfs shall have the right of‘. filing hi's‘_bill ii!
e'q'u‘it_v in‘ the court where such judgement shIl_!
be rendered‘. within twenty-four hours afl,e?'fii-'
rial judgment an'd—b‘efor‘e the-.i['isin lot the cotrtfp

_pra -inv f'or.su'ch' set off.‘ And traced d'et3to;i- debts‘

»so_ of by thedefendlant or'c'r'e‘fenda1i't9' afe‘ ‘ad’-'
m-itted by t‘he‘plai'n't‘itf, or’ar‘e'evi'd-en'c‘e‘d: B3,v,i{nfdge-
meat. said court shal‘l'th'ereu‘pon' p1"0c_'¢‘P forth-
with to:make such set’-off, But if the debt of
do_b_ts so held-' byjhe defeiidant or‘d'efend'ari_fsf.~1rn<_f
claimed to be set off. are‘ d°'e'ni‘e'd by the pfai‘nt’i‘fl',,
such set-otf shall not be al'lqvv'ed.--ttnless‘ the dg:
f'end‘z_m‘t or defendants shall’ have,-.pr'evi'ot‘1sto‘(hI
1',end_l-ll'(_)il of the_j’udg'eiuent i'n favor‘ of the plain-
tiff,-institiited' e,i-titer i'n lavv or equity‘, a suit of
suits upon such‘ debt or‘ d’e‘b‘fs‘.- And, to case‘
such su'it‘or‘ suits shall,- at the time of tile‘ fendi-
tijon of such j'udg,er‘n’ents,~ he‘ pending in an‘y‘_ot'
the courts‘ of this State‘. the‘ cottrf , rendering’
such judgement shall order‘ the‘ stay‘ of eiicclttiott
thereon, until the fi'n‘al"termi_‘nation'° of such suit
or suits ; and it‘ upon such final termination
thereof, the defendant or‘ defendants shall recov-
er judgement t"li'erci_n, such j-i‘rd°'em'ent or judge-
tneiits shall be set-'o'ff'a=gai'ns't t e‘ j‘u‘dg~eI'n'ent so
as aforesaid rec‘ove_re' j by" fire‘ p'l’.ll'flll'fl"27 Wt not
right ofset-off shall be allowed under’ this Act",
in cases where the de'f'en'dant has now by luv!
the right of set-ofi‘ on the trial of the‘ case’.

Approved, June 28th. 1855!.

- é‘i'r‘.u'*'r'i~".‘i'i IV.-

An Act in addition to“‘A_n Act an-"(fie regulation

__ , _of Civil Actions" _ ' 1 _

Be it enacted by the Senate and" Home qfkeprc
7"e.9entatiz7es,- in General Jlssemblj/' convened!

Sec. 1. That wlienever in the trial of any is-
s’ue_oi- issues in fact, in any civil ‘action’; the
plaintiff shall have produced his evidencd
and rested his c‘a.‘use,- it shall be‘ Ia\'vfu'l for the‘
defendant to move for judgement, atsin c'a's'e',of
n’onsu_‘it,ja‘nd the court before which sifch‘ {rial
may b‘e had, shall have power to-grant such mo-
tion‘, if in the opinion of such c'ourt,- the’ plain’-
tifi shall have failed to make out a'prim'a fae'i¢

case.-

_ Sec’. 2'. The plaintiff shall have the‘ right it
the same tei-in of the’ court,- to move the court
to set aside such non‘sn'it, by filing a written
tnotion‘ to that effect ;‘ and if the court shall
refuse to‘ grant such in'otion‘,- the‘ plaintiff'sh'all
have the right to revise‘tli‘e_ de‘c‘isio‘n of the court
by motion in el'l"O'l', as in olh‘e'i" cases; and loco‘-
ab'le hifff so to’ do.‘ it shall be the duty of the
court to state the whole‘ evidence so pi‘-odn‘ced as
flfOl“]e58ld, that the same become a‘ part of the-to-'
cor .-

Sec. 3. If such judgement of nonsuit shall be
set aside, either on motion as aforesaid, or by
motion in‘ error, the cause shall he proceeded
with in the same manner as th)u'gh said motion
had not b‘ec‘n‘ granted. , ,

Approved, June 29th, 1852.-

C'1'~!A1""1"IC:I't V; -
An Act to addition to (‘An Adtflii‘ the ugtfll-'
, _ (ion of Civil Actions." _ _

, Be it e1idc,teclb_1,r' the Senate am! Home of“
Representatives in Ge‘n'er'dt Assembly eongmu
ed.’ Sec. 1:, That on the’ trial of any.‘ complaint
arising‘ u'nde'i'-' the Act relating to the su'm-roar-y
Process, the issue‘ shall be tried by the _c"oi‘r’rf and
not by a jury : but if the‘ defendant in‘ such com:
plaint shall makes’ motion to the court before‘
v'v~ho1‘n the_satn'e shall be pendiiig; for 3‘ jury, the‘
‘same shall be‘ allowed in‘ the some cases ' '_ in
such Irlzinner as now by law aiiowed: P'fo‘i‘a'ided;
that before the same shall bejallov'¢e'd,- fire‘ defend-
a‘nf shall become bound to‘ the c'ot1i‘pl:ii_nf£r‘:"it,- mu:
good and s_u'flicientsur'ety; to answer. all costs and
damages, in case he fail to‘ 1'1'r‘a‘l-i'e his plea good.

, Size". 2. Wlieiievc-‘r a lease‘ of any lands. dtvel-'
Iing house or other building; or ofany apzn-tm'ent'I
in such hoiise or’ otiicr buildi_ng,- in writing. shall
contain an‘ agre'e'i'ne'n't of tile‘ parties thereto;
whejreby notice to quit possession is waived by
the‘ lessee; then the thirty days’ no1ic‘e_pr‘escrilied
by the‘ sfattifeto which this is an addition; she'll’
not be’ necessary,- and complaint and summons,
as now provided b'y said statute. may issue iii
the same‘ manner as if such notice to quit had
been‘ previously‘ given’; _ _ _ _

Sec. 3, Wlieiiever‘ tiny" writ of error‘ shall be
p'rocti'rcd by the lessc or i'-'e'spo'i'ident,- in‘ an action
of siirriniary process, then such lessee or respon-
dent shall give good and sufficient bond with
surely to the adverse p‘a'rty,- to‘ai'rsvvei‘f for al'_
rents that may accrue di;i'i'-ing the p'er'rdcircy of
such writ of ,ei"rdr,- or which may be‘ dole‘ at the‘
time‘ ofthc final disposal ofsnclr writ of error;

four hour's after j'r'i'dg'emei'i'f has b‘een‘ 1*'e'n’dei‘e'd;
for filing his bill of exc'c'pfiori‘s,~ and procuring
his writ of er"ror,- and exeycution shall he stayed
during that time: Provided it shall appear to‘
the justice who renders’ the judgefnent that sucli
proceedings are not made for the pu'rpos‘e‘of dd-I

lay-' . . .. .

Size’. 4. So i'm'1’cb' of lbs’ act relating to‘Sii'd5'I'ni¢
ry Process as is inconsistent’ with this, is hereby
repealed. , _ _ _ ,

Approved,-Ju'n‘e‘ ‘.2’-fth, I852‘.

Cl}-l‘.A'P'1."ERi WI‘;

An" Act in addition‘ to “'An' Act for the‘ rezolatida
_ , , of Civil‘ Actions.” _ _
Be it endctcd by the Senate and House ofllefio
re,9entativ‘e.s in Gertcfal flssenibly conveitedi

, That inall cases in‘whi’ch' a party shall file’
his m'ofio*n' in‘ the siiperioi‘ c'oi1‘i‘f for a new tria
:r‘nd_ such motion‘ shall be‘ al1‘owed, the adv’er'sd
party may at any time vvithin‘ five days there!
after, and before the rising of the‘ court, file hit"
b'ill of cxce'ption‘s' to‘ any decisions of the‘ court in
the coi‘r‘r'se’ of the‘ trial, orfinj the charge to the‘
jury. th‘at_h'ave been against him: and if the‘
c'ou'rt‘ shall be of opi-iiion that the same question‘:
will arise again, if a new trial shorrld be had,-
such bill of exceptions ma‘y,b'¢,a1*1ovvect, and the
questions ar'i‘si'ng f hereon shall be’ considered by
the supreme court of errors in c'onn‘ec'ti‘on‘ with
those pi'es'ent"ed by the motion for a’ new mat.
and the opinion‘ of‘ said court c)'rpre‘ssed‘ thereon;
in’ case a new trial of the’ 'c‘au‘s’e is granted.-

A-pproved, June 2-Stb,-i185:?.'.

c'H'A‘1’>'rr:-ii. vrx: _
An‘ Act in‘ addition‘ to an act en't'i'tl'ed "Air Act
__ , for the ,regu_'lationa1'Civif Ac_t_i'ons." _
Be it enacted by‘th'e Senate a"mI House of RI)?‘-'
. 7‘escntativ‘es in General .f1ssembI_1/ conceited. _

Sec: 1-. That in all‘ cases‘ i‘n=whiclr‘,th~e'p1ai’nti' _
in any suit shall cause to be‘ i'n‘s'er'ted' in‘ his w‘t‘iI
a- direction to the officer serving the same',- to
leave a copy thereof with any attorney,-agent;
tac'toi°,- trustee or debtor of the defendant in such
suit, it shall‘ not be lawful‘ for the'pl'aintifi‘ if he’
shall‘ recover judgement in such suit, to‘ fai
against tliedefendant any part of the fees of the‘
officer’ serving such writ; which shall“ yhafe ac‘-‘
crued in consequence of the i-usertion of such dro’
rection i-n such writ’. _ __‘ .

Sac. 2. If the pliaintifl shall recover judgement-
in such suit, and execution shall issue thereon;
the fees of the officer or officers‘ serving such cxv‘
ecirtion‘ which shall‘ ac‘cru'e in‘ making deinan‘
of any attorney, agent, factor, trustee. of débfof
named in.the original‘ wi-it,sh‘a1‘l‘ constitute no part
of the-judgen‘1'entd‘ebt against such defendant;
nor shall» it be lawfu‘l'for,th*e ylaintifi to collect ,
the same from such defendan -.- '
— Sac.-3. Nothing in 2 the preceedi'ng"s,e‘cti‘onf,€o_n-I
ta'ined,- shall’ be construed to’pret.*ent.' such’ plain’-‘
tifffroin applyi,ng~ any moneys which‘ be they IH-'
ceive or recover from stich’ attorney,-. agent. law
tor, trustee or’ debtor upon‘ demand-.,mh2§le_,upo}! .
-execution or upon judgement in a sci~‘re‘ taci‘as;1n'«

v 0

payment and‘satisfaction'ot iiuchfoflicers' fees"./5 ' ' ‘

a

‘of the passage thereof.’ ‘ '

p,-t_,ii;it,it3_’~;1:l.giii~;-.ug;-hfia'.v.:is,;tit1i'ei1.t:

_.

l1§58§4‘§i§hY 

\.

u ..n ..'.-.‘.~

‘ te'i.“=°-~{t°?-

 
 

and su'cli lcs.~i_c‘e or i*'e'sp'oii'de'r‘i't shall have’ twefttyl ,

Ste. 4. This law shall take‘ ‘¢a‘e_}:i,rrom~ttiirdi1t- ’

 
 

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