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Proceedings on the announcement of the death of President Lincoln.

to have finished his good work, so nearly accomplished, and to enjoy the full realization of its blessings. But it is otherwise, and we bow in humble submission to Him who controls the destinies of all things. Yet, as "out of the fullness of the heart the mouth speaketh," it is meet that we give full utterance to our feelings of sorrow.

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When we remember the broad humanity and great kindness of heart of Mr. LINCOLN, so universally acknowledged and appreciated, it is impossible to conceive that the assassin was impelled to the act by any feeling of personal hatred or revenge toward him; or to believe that its immediate petrator is alone responsible for the wicked and fatal deed. The blow was undoubtedly aimed at the life of the government, of which the President was the chosen representative, and, therefore, the selected victim. And whilst we mourn his loss as a great national bereavement, we yet have cause to rejoice in the fact that the government still lives. That it has survived the terrible assaults of a wicked and powerful rebellion, and successfully maintained a desperate struggle for existence, lasting for a period of more than four years, and still retains vitality sufficient to withstand this last unnatural and unexpected shock, affords gratifying evidence, to every loyal and reflecting mind, of the wisdom and justice of its nicely balanced machinery, and of its ability for self protection and preservation.

A lesson is also taught in the fact that, to the author of the crime, just retribution swiftly followed his foul deed. Though he escaped immediate arrest, yet, ere the mortal remains of his honored victim were deposited in their place of final rest, he had ceased to be, and his own remains were hid forever from mortal sight. And, for myself, I may be permitted to say that I trust the world may never know what particular spot of earth is stained by the secret.

ORDERED, that the resolutions be spread upon the records of the court, and that, out of respect to the memory of the deceased Chief Magistrate of the nation, this court do now adjourn.

INDEX.

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property, and does not reduce the judgment five dollars, he is liable to a full judgment for costs. Brown ▼. Snavely...... .... 270 2. SUPREME COURT.-In a prosecution instituted before the mayor of a town, for a violation of a town ordinance, a fine of $5 was assessed against the defendant, and on appeal to the Circuit Court a like fine was again assessed.

Held, that an appeal will not lie to the Supreme Court, the amount in controversy being less than $10. Donovan v. The Town of Huntington...... 321

3.

APPEAL FROM COUNTY BOARD.-On a petition to the county board for a highway, viewers were appointed, who reported that the road would not be of public utility, and assessed damages in favor of certain of the persons through whose lands it would pass. The board decided that the road should not be established, unless the petitioners would pay such damages. The petitioners then took an appeal to the Court of Common Pleas.

Held, that under section 26 of the highway act, (1 G. & H. 364,) the appeal would lie. Crossley et al. v. O'Brien et al.

325

4. APPEAL REVENUE STAMPS.-A motion was made in the Court of Common Pleas to dismiss an appeal from a justice of the peace, because neither the certificate of the justice, nor the appeal bond, was stamped with the appropriate revenue stamp. Leave was granted to attach the stamps, the justice canceling the stamp upon his certificate, and one of the obligors that upon the bond. The motion to dismiss the appeal was afterward sustained.

VOL. XXIV.-34. (529)

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GARNISHEE-ESTOPPEL.-Proceedings

in attachment. Answer by the
garnishee that he was not in-
debted to the attachment defend-
ant. Reply, by way of estoppel,
that the garnishee, before the suing
out of the writ of garnishment,
had admitted to plaintiff that he
was indebted to the attachment de-
fendant, and that, if garnisheed,
he would pay the money to the
plaintiff.

Held, that the facts set up in the re-
ply did not estop the garnishee
from denying an indebtedness to
the principal defendant. Lewis v.
Prenatt........

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98

AUDITOR, COUNTY.

Not proper relator in suit on recog-
nizance. See RECOGNIZANCE, 1, 2.
Must judge of the necessity of
special sessions of the County
Board. See COUNTY COMMISSION-
ERS, 3.

AWARD.

An award which is indefinite and
uncertain, and incapable of being
made certain, is void.
worth v. Pickering........

B.

BANKS.

Hollings-

435

FREE BANK-FORFEITURE OF CHARTER.
A free Bank organized under the
act of May 28, 1852, failing to com-
ply with the provisions of the act
of March 3, 1855, (1 G. & H. 124,)
did not lose its corporate existence
for all purposes, when the latter
act came into force; but under sec-
tion 48 of that act, its charter
would not expire until March 1,
1857, and under section 6, 1 R. S.
1852, p. 240, the bank would have
three years from that date to sue
and be sued, and to settle, dispose
of and convey its property, and di-
vide the capital stock, but not to
continue a banking business. Cun-
ningham v. Clark, Receiver, &c.

BASTARDY.

7

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though begotten and born during
the marriage, is a bastard...... Ibid.

BILL OF EXCEPTIONS.

See PRACTICE, 18.

county boards and municipal au-
thorities for bounties to volunteers,
is not in conflict with the law or
the authority of the United States,
and is valid. Coffman v. Keightley,
Auditor, &c.,............

509

In Criminal Cases. See CRIMINAL 2. TITLES OF LAWS.-The title of the

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1. TIME OF FILING.-Where time has
been given by the court to file a
bill of exceptions, if the bill is not
tendered, or further time given,
within the time first limited, the
record is beyond the reach of the
court, unless the opposite party be
brought in by notice. Noble v.
Thompson.......

346
2. SAME.Quaere: Whether leave
can be given, even after notice to
the opposite party, to file a bill of
exceptions after the time first fixed
for filing it has expired.........Ibid.

BILL OF REVIEW.

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act of March 3, supra, while not
the most appropriate, is not so de-
fective as to render the law un-
constitutional.......
..Ibid.
3. POWER OF COUNTY BOARDS.-The
Board of Commissioners of Putnam
County, in January, 1865, passed
an order directing the auditor to
issue to each person in the county
who had paid money to relieve the
men who were drafted under a late
draft, or to relieve any township
from the draft, a county order for
the amount so paid out. It was
further ordered that no more than
$400 should be paid to any man
who had put in a substitute, and
that $400 should be paid to each
drafted man who was mustered
into the service, or to his wife and
family in case of his death.
Held, that the order of the board was
unauthorized at the
it was
made, and that it was not.
valid by the act of

Oliver v. Keightley or

BURDEN OF PROOF

made

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