State Journal & Flag, 1846-11-06

Acids, acetic, acetous, benzoic, bnracic, chro chromic, - mic, chromic, citric, muriatic, white acd yellow, nitric, pyroligneous, and tartaric, and all other acids, of every description, used for chemical or medi medicinal - cinal medicinal purposes, or for manufacturing, or in the fine arts, not otherwise provided for; aloes; al alum; - um; alum; amber; ambergris; angora, Thibet, and other goats' hair or mohair u 1 manufactured ; annif-eed ; animal ca bon ; antimony, crude and regulus of; arrow-root ; articles, not in a crude state, used in dying nr tanning, not otherwise provided for; ogsafcetida ; bacon; bananas; barley; beef; beeswax; berries, vegetables, flowers and barks, not otherwise provided for ; bismuth; bitter apples ; blankets of all kinds; blank boohs, bound or unbound ; blue or Ro Roman - man Roman vitriol, or sulphaie of copper ; boards, planks, staves, laths, scantling, spars, hewn, and sawed timber, and timber to be used in build ng wharves; beuclio leaves; breccia; bronze liquor; bronze powder; butter; cadmi cadmium; - um; cadmium; calamine; canilmrides ; caps, gloves, leg leggings, - gings, leggings, mitts, socks, stockings.# wove shirts and drawers, made on frames composed wholly of cotton, woin by men, women, and children; cassia buds ; castor oil; castorum ; cedar wood, ebony, granadilla, mahogany, rosewood, and sat satin - in satin wood, unmanufactured ; chocolate ; chro chromate - mate chromate of lead; chromite, bichromate, hydnoda'e, and prussiate of potash; cohalt; cocoa nuts ; coculus indicus ; copperas o-green vitriol, or sulphate of iron ; copper rods, bolls, nails, and spikes ; copper bottoms ; copper in sheets or plates, called braz er's copper, and other sheets of copper not otherwise provided for; cream of tartar; cubebs; dried pulp; omerv ; ether; extract of indigo; extracts and decoctions of logwood and other dye woods, not otherwise provided for; extract of madder; f lspar; fig blue ; fish, foreign, whether fresh, smoked, salt. rii, dr i - d, vt picKIcd, 1111* OthtTWfSO [)rOVfti»d fill, fish glue or ismgl tss ; fi fi skins; fhxsepd ; flour of sulphur; Frankfort black; French chalk; fruit, green or ripe, not otherwise pro* ided for . fulminates or fulminating powders ; furs dress dressed - ed dressed on the skin ; gamboge ; glue; green turtle ; gunny cloth ; gunpowder ; hair, curled, moss, 6ea weed, and all other vegetable substances used for beds or mafresses; hams; hats of wool ; hat bodies, made of wool, or of which wool shall be a component material of chief value ; hattei'a plush, composed of silk and cot cotton, - ton, cotton, but of which cotton is the component ma material - terial material of chief value ; hemp seed or linseed, and rapeseiB oil, and all other oils used in painting; lnd an corn and corn meal ; ipecacuanha ; iri iridium - dium iridium ; iris or orris root, iron liquor ; ivory or b >ne b ack ; jalap ; juniper buries ; lac spirits, lac sulphur; lam| b ack ; lard, I atlier, tanned, bend or sole ; leather, upper of all kinds ; It ad, in pigs, bars, or sheets; leaden pipes ; leaden sho' ; leeches ; linens of all kinds ; liquorice paste, juice, or root; litharge; malt, mmga mmganesc - nesc mmganesc , marina ; manufactures of flux, not other otherwise - wise otherwise provided for; manufactures of hemp, not otherwise provided for; maible in the rou h, slab, or block, unmanufactured ; marine coral unmanufactured ; medicinal drugs, roots, and leaveu, in a crude slate, not otherwise piovided for ; metals, Dutch and bronze, in I of; metals, unmanufactured, not otherwise provided for; mineral and bituminous substances, in a crude state, not otherwise provided for; musical in instruments - struments instruments of all kinds, and strings for musical instruments of whip gut or catgut, and nil other strings of the same material ; needless of all kinds for sewing, darning, or k.fitting ; nitrate of lead ; oats and oatim a! ; oils - noatsfoot and other animal oil, spermaceti, whale andoih-r fishoil, the produce ot foreign fisheries ; opium; oranges, lemons, and limes ; orange and lemon peel ; osier or willow, prepared for basket ma maker's - ker's maker's use; patent mordant; points, dry or ground in oil, not otherwise provided ffir; pa paper, - per, paper, hangings and paper for screens or fire fireboards, - boards, fireboards, paving stones ; paving and roofing tiles and bricks ; pearl or hulled barley ; periodicals and other works in tin* course of printing and republication in the United States; pineapples; pitch; plantains; plaster of Paris, when giound; plumbago ; pork ; potassium ; Prussian blue ; pumpkins; putty; quicksilver; quills; red chalk ; rhubarb ; rice, or paddy ; roll brimstone; Roman cement; rve and rye flour; saddlery, common, turned, or japanned ; saffron and saf saffron - fron saffron cake ; sago; sal soda, and all carbonates of soda, by wba.ever names designated, not ptherwise provided for ; salts - epso n, glauber, Rochelle, and all other salts and preparations of salts, not otherwise provided for; sarsaparilla; seppia; shaddocks; sheathing paper ; skins, tan I ned and dressed, of all kinds ; skins yf all | kinds, not ot icrwise provided for ; slate pen pencils; - cils; pencils; smalts; spermaceti candles and tapers; spirits of turpentine; sponge-; spunk; squills; starch, stear ne candles and tapers ; steel, not O'herwise provided for; stereotype plates ; still bottoms; sulphate of barytes, crude or refined ; sulphate of quinine ; tallow candles; tapioca; tar; thread laces and inserting*-; type metal ; types, new or old ; vanilla beans ; verdigris ; velvet, in the piece, composed wholly of cotton ; velvet, in the piece, composed of cotton and silk, hut of which cotton is the component ma material - terial material of chief value-; vermiliion ; wax candles and tapers ; whalebone the produce of foreign fisheries ; wheat and whCut flour ; whito and red lead ; whiting, or Paris while ; white vitri vitriol, - ol, vitriol, or sulphate of zinc; window glass, broad, crown, or cylinder; woollen ; yams.

Un goods. wares, and mercnanoise menuoneu in schedule C, a duty of thirty per centum ad valorem. On goods, wares, and merchandise mentioned in schedule D, & duty of twenty pie pcrcenium ad valorem. Ongoods, wares, and merchandise mentioned in schedule E, a duty of twenty pep centum _ad valorem. . On goods, wares, and merchandise mentioned in schedule I1', a duty of fifteen per centum ad valorem. . On goodp, wares, and merchandise mentioned in schedule G, a duty of ten per centum ad va lorem. Ongoods, wares, and merchandise mentioned in schedule H, a duty oi'pve per centum ad va valorem. - lorem. valorem. Sec. 2. And be it further enacted. That from and after the first day of December next, the goods, wares, and merchandise mentioned in schedule I, shall be exempt from duty. Sec. 3. And be it furth-r enacted. That Irom and after the first day of December next, there shall be levied, collected, and, paid on all go ids, wares, and merchandise imported from foreign countries, and not specially provid' d for in tins act, a duty of twenty per centum ad valorem. Sec. 4. And bt it further enacted, That in all cases in which the invoice or entry shall not contain the weight or quantity or measure of goods, wares, or merchandise now weighed or measured or gauged, the same eltall be weighed, gauged, or measured at tho expense of the own owner, - er, owner, agent, or consignee. Sec. 5. And be it further enacted, That from and after the first day of December next, in lieu of the bounty heretofore authorized by law to be paid on the exportation of pickled fish of the fisheries of the United States, there shall ba allowed, on the exportation thereof, if cured with foreign salt, a drawback equal in amount to the duty paid on the salt, and no more, to be ascertained under such regulations as may be prescribed by the Secretary of the Treasury. Sec. 6. And be it further enacted. That all goods, wares, and merchandise imported after the passage of this act and which may be in the public stores on the second day of December next, shall be Bulject to no other duly upon the entry thereof than if the some were imported respectively after that day. Sec. 7. And be it further enacted, That the twelfth section of the act entitled "An act to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes," approved Au gust thirty, eighteen hundred and forty-two, shall be, and the same is herwby, so far modified, that all goods imported from this side the ('ape ef Good Hope or Cape Horn may remain in the public stores far the space of one yeur instead of trie term of eixtv days prescribed in the said sec section - tion section ; and that all goods imported from beyond the Cape ot Good Hope or Cape Horn may re remain - main remain in the public stores one year instead of the term of ninety days prescribed in the said sec section. - tion. section. Sec. 8. And be it Jurther enacted. That it bo lawful for the owner, consignee, or of imports which have been actually pur purchased, - chased, purchased, on entry of the same, to make such ad addition - dition addition in the entry to the cost or value given in the invoice, as in his opinion may raise the came to the true market value of such imports in the principal markets of the conntiy whence the importation Bhall have been made, or in which the goods inported shall have been origi originally - nally originally manufactured or produced, ib the case may be ; and to add thereto all costs and char charges - ges charges which under existing laws, would form part cf the true value at the port where the same may be entered, upon which the duties should be assessed. And it shall be the duly ot the collector within whose district the same may be imported or entered to cause the dutiable value of such imports to be appraised, estimated, anfl ascertained in accordance with the provi provisions - sions provisions of existing laws; and if the appraised valua th reof shall exceed by ten per centum or more the value so declared on the entry, then, in addition to the duties, imposed by law on the -ame, there shall be levied, collected, and paid, duty of twenty per centum ad valorem oq such appraised value: Prodded, nevertheless, That under no circumstances shall the duty be assess assessed - ed assessed upon an amount less than the invoice value, any law ot Congress to the contrary notwitli Sec, 9. And be it further enacted. That the 'deputies of any collector, naval officer, or sur surveyor, - veyor, surveyor, and the clerks employed by any collec tor, naval officer, surveyor* or appraiser, who are not by existing laws required to be sworn, before entering upon their respective du tics, or, if already employed, before continuing in the discharge thereof, lake and subscribe an oath or affirmation faithfully and diligently tn perform such duties, and to use their best en endeavoro - deavoro endeavoro to prevent and detect frauds upon ihe revenue of the United States; which oath or affirmation shall be administered by the collec collector - tor collector of t he port or district where the said deput ins or clerks may be employed, and shall be of a form to be prescribed by the Secretary of the

Schedule II - (Five per centum ad valo valo. - . valo. rem) Alcornorpie ; argol, or elude tartar; bells, when old, or bell metal, fit only to be remain! factored ; berries, nuts, and vegetables used, exclusively in dying, or in composing dyes, but no article shall be classed assoclt that has nil nil' - ' nil' ergone any inaiiutnc'nre ; bmss in pigs or bars; b nss, when old and fit only lobe reiniinufactur reiniinufacturrd - rd reiniinufacturrd ; Brazil wood, and all other dye-wood to sticks; bristles; chalk, not otherwise provided for; clay nnwronght; copper in pigs or bars; copper, when old, and fit only to be remanutac tured ; floes ; grindstones, wrought or ur. ur.wronglit - wronglit ur.wronglit ; horns, horn-tips, bones, bone tips, and teeth unmanufactured ; ivory, unmanufac unmanufactured - tured unmanufactured ; ivory nuts, or vegetables ivory ; kerntes; lac dye ; lastings suitable for shoes, boms, boo bootees, - tees, bootees, or buttons, exclusively ; madder, ground; madder roo> ; manufactures 01 mohair cloth, silk twist, or other manufacture of cloth suitable for Lite manufacture of shoes, bouts, bootees, or but buttons, - tons, buttons, exclusively ; nickel; itutgnlls; pearl, mo motiter - titer motiter of; pewter, when old, and lit only to be remnnnfactured ; rags, of whatever material ; raw hides and skins ofall kinds, whether dried, salted, or pickled, not otherwise provided for ; safflower ; saltpetre, or nitrite of sudar, r.r pot potash, - ash, potash, when crude ; seedluc ; shellac , sumac ; tin, in pigs, liars, or blocks ; tcrloisc, and other shells unmanufactured ; turmeric ; waste, or shoddy; weld; zinc, spelter, or teutenegue, un unmanufactured, - manufactured, unmanufactured, not otherwise provided for. Schedule 1. - {Exempt from duty.) Animals imported for breed ; bullion, gold anti oil - *- f c.binete uct-uirin, mcaatp, and oTner collections of antiquities ; coffee and tea, wlmn imported direct from the place of their growth or production, in American vessels, or in foreign Vessels entitled by reciprocal treaties to he ex exempt - empt exempt from discriminating duties, tonnage, and other charges ; coffee, the growth or production fo the possessions of the Netherlands, imported from the Netherlands in the same manner; coins, gold, silver, and copper; copper ore; copper when imfioifed for the Unjted States mint; cot ton; felt adhesive, for sheathing vessels ; garden seeds, not otherwise provided for ; goods, wares, and merchandise, the growth, produce, or man manufacture - ufacture manufacture of the United States, exported to a for for' - ' for' eign country, and brought back to the United States in the same condition as when exported, upon which no drawback or bounty has been allowed : Provided, That all regulations to as certa n the identity thereof prescribed by exist existing - ing existing laws, or which may bo prescribed by the Secretary of the Treasury, shall be complied wijh ; guano ; household effects, old and in use, of persons or families I rom foreign countries, if used abroad by them, and not intended for any other person or persons or for sile; junk, o:d models of invemio is nnd other improvements in the arts ; Prodded, Thai no artfelo or arti articles - cles articles shall be deemed a model or improvement which can be fitted for use ; Oakum ; oil, sper spermaceti, - maceti, spermaceti, whale, and other fish, of American fish , erics, and all other articlea the produce of such fisheries ; paintings and statuary, the produc production - tion production of American art is: s residing abroad, nnd all other paintings and statuary; Provided, The same be imported in good faith as- objects of taste, and not of merchandise ; personal and household effects (not merchandise) of citizens of the United Stales dying abroad ;, plaster of I'aris, ungruund; platina, unmanufactured ; sheathing copper, but no copper to be consider considered - ed considered such, and admitted free, except in sheets of forty-eight inches long and fourteen inches wide, and weighing from fourteen to thirty-four oun ounces - ces ounces the square font; sheathing metal; sneci sneciinens - inens sneciinens of natural history, mineralogy, or botany ; trees, shrubs, bulbs, plants, und roots, not oth otherwise - erwise otherwise provided for - wearing apparel in actual use, and oilier personal eff.-cls not merchandise, professional books, implements, instruments, and tools of trade, occupation, or- employment, of persons arriving in the United States : Pro Provided, - vided, Provided, That this exemption shall not be con construed - strued construed to include michineryor other articles imported for use in any manufacturing es'.ab - lisnment, or for gain gainApproved, - Approved, gainApproved, July 30, 1846.

Ale, beer, nnd porter in casks or bottles ; ar. gentine, alabatta. or German silver, manufactur. ed or unmanufactured ; articles embroidered with gold, silver, or other metal ; articles worn by men, women, or children, of whatever mate material - rial material composed, made up, or made wholly or in part, by hand ; asses' skins ; balsams, cosmet cosmetics, - ics, cosmetics, essences, extracts, pastes, perfumes, and tinctures, used either for the toilet or for medi cinal purposes ; baskets, and ail other articles composed of grass, osier, palmleaf, straw, whale bone, or willow, not otherwise provided for ; bay rum ; beads* of amber, composition, or wax, and all other beads ; benzoates ; bologna sausa sausages - ges sausages ; bracelets, braids, chains, curls, or ringlets, composed of hair, or of which hair is a compo nont pari ; braces, suspenders, webbing, oroth er fabrics, composed wholly or in part of India rubber, not otherwise provided for; brooms and brushes ot all kinds; cameos, real and imita imitation, - tion, imitation, when set in gold, silver, or- other metal; canes, and sticks for walking, finished or unfin ished ; capers, pickles, nnd sauces of all kinds not otherwise provided for; caps, hats, j.iutFs, and tippets of fur, and all other manufactui es of fur, or of which fur shall be a competent mate material - rial material ; caps, gloves, logins, mitts, socks stock stockings, - ings, stockings, wove shirts and drawers, and all similar articles made on frames, worn by men, women, or children, nnd not otherwise provided for; card cases, pocket books, shell boxes souvenirs, and all similar articles, of whatever material composed ; carpeting, hearth rugs, bedsides, and other portions or carpeting, being either Aubu.-son, Brussels, ingrain, Saxony, Turkey, Venetian, Wilton, or any other similar fabric; carriages and pirts of carriages ; cayenne pep-* per ; cheese ; cinnamon ; clocks and parts of clocks ; clothing ready made, and wearing ap parel of every description, of whatever material composed, made up or manufactured wholly or in part by the tailor, sempstress, or manufac manufacturer; - turer; manufacturer; coach and harness furniture of all kinds; coal ; coke and culm of coal ; combs of all kinds; compositions of glass or paste, when set; confectionary of all kinds, not o'herwise provided for ; coral, cut or manufactured; corks; cotton cords, gimp?, and galloons; court plas plaster - ter plaster ; crayons of ail kinds ; cutlery of all kinds ; diamonds, gems, pearl*, rubies, and other pre precious - cious precious 8'om*s, and imitations of precious stoues, when set in go d, silver, or other metal ; dolls, ai d toys ofad kinds ; earthen, china, and stone stonewar** - war** stonewar** and all other wnres composed of earthy and mineral substances, not otherwise provided 1 for ; epaulets, galloons, laces, knots, stars, tas tassels. - sels. tassels. tresses, and wings of gold, silver, or other metal; fans and fire screens of every descrip description, - tion, description, of whatever material composed ; feathers ond flowers, artificial or ornamental, and parts thereof, of whatever material composed, fire crackers; fiats, braids, plaits, sparterre, and willow squares, u«ed for making ha's or bonnets; frames and sticks for umbrellas, parasols, ond sunshades, finished or unfinished ; furniture, 1 cabinet and household ; ginger, ground ; glass, colored, stained, or painted; gUss crystals for watches ; g asses or pebbles for spectacles ; glass tumblers, plain, moulded, or pressed, not cut or punted ; paintings on glass ; porcelain glass ; grapea ; gum benzoin or Benjamin ; hair pencils ; hat bo lies of co ton; hats and bon bonnets, - nets, bonnets, for men, women, and children, composed of straw, satin, straw*, chip, grass, palm leaf, willow, or any other vegetable substance, or of hair, whalebone, or oilier material not otherwise provided for ; hemp, unmanufactured ; honey ; human hair, cleansed or prepared for use ; ink and ink pownler; iron, in bars, b'onms, bolts, loops, pigs, rods, slabs, or oth- r form, not oth otherwise; - erwise; otherwise; provided for; costings of iron ; old or scrap iron ; vessels of cast iron ; japanned ware of all kinds, not otherwise provided for ; jewel -

From the Spirit of the Times. A Hsirkwoods Jury* My dear "Spirit.'' - One of your corres correspondents - pondents correspondents a fow weeks ago gave an amusing description of un Arkansas Court scene, where n certain pig sn aler wag summoned to answer for coveting Ids neighbor's liog's It reminded me of a case described to me by a legal gentleman some years since, as having occurred in the same Stule, indica indicative - tive indicative of the intelligaice of a Backwoods Ju Jury. - ry. Jury. It appears that a character in those parts, notorious not for the most enviublu and rig rigid - id rigid system of morals, was indicted, imprison imprisoned, - ed, imprisoned, and about to bo tried for stealing certain smoked bog - better known as "bacon." - Judge U-, eminent as a lawyer, (since a senator in Congress.) happened at the same time to liavc business in the same court, and at the urgent request of the un unfortunate - fortunate unfortunate victim of the luw, lie was induced 10 visit him in the j lil. After a short dialogue, the judge was re requested - quested requested to act as his counsel - n fee ol $'>0 at the same lime being proffered. Upon questioning the man, Judge B - - found that - 1st- He had stolen the hucon. 2d. That several witnesses had seen him in the act, who were summoned to give testimony ngnitist him ; and ,3d. That u portion of tho bacon was found in his actual posses* sioit. Under these circumstances, Judge 13.-declined taking the fee, saying that he could not do any thing for him, ami that his conviction was certain. Prisoner - "But, Judge, l want you to get up and talk to 'em.*' Judge - "It would do you no good, my man - the testimony cannot fail tu convict you. 1 cannot, conscientiously, take your money. Prisom r. - "That's my look out, Judge; all ! want of you is to get up and tuik to 'em." The Judge, thus pressed, told tho man that he would undertake his defence, but that tl would be entirely lutile. The cause came up on the next day. The witnesses swore point blank to the iden identity - tity identity of the prisoner - his stealing mid posses, sion of tile bacon. Judge I!-.accor I!-.according - ding I!-.according to promise, got up and addressed the Jury, ''talking to them" in a way anything rather than tu ihe purpose, foi about fifteen minutes; and the case went to the Jury. What was his astonishment when they - without leaving the box - brought in the prisoner - ' not guilty /" IIu was,of course, immediately liberated* Judge B-.taking him aside, said - "Well, my man, whutcan have induced the Jury to bring in such a verdict, is entirely hevond my comprehension - how, with such testimony, they could bring you in "not guilty," is utterly unaccountable to me." "Judge," said the ic'eased culprit, with a knowing wink, "eight of emhad some of the bacon The rascal Inew perfectly well that the eoursel wou d shelter the jury i t I ringing in a verdict for the party for whom he might aci-a

ry, real or imitation ; jet and manufactures ol j"t, and imitations thereof; lead pencils; inac inaccaroni, - caroni, inaccaroni, vermicelli, gelatin0, jellies, and all sim similar - ilar similar preparations ; manufactures of the hark of tliecoik tree, except corks; manufactures of bone, shell, horn, pearl, ivory, or vegetable ivo ivory - ry ivory ; manufactures, articles, vessels, and wares, not otherwise provided for, of brass, copper, gold, iron, lead, pewter, platina, silver, tin, or other metal, or of which edher oftlmse metals or any other metal shall be the component ma material - terial material of chief value; manufactures of cotton, linen, silk, wool, or wor t d, if embroidered or tamboured in thrt loom or otherwise, by machin machinery, - ery, machinery, or with the needle, or other p oeess ; man. ufaclures, articles, vessels, and wares of glass, or of which glass shall be a component materi material, - al, material, not otherwise provided for; manufactures and articles of leatner, or of which leather shall be a component part, not otherwise provided for; manufactures and articles of marble, mar marble - ble marble paving tiles, and all othpr marble more ad advanced - vanced advanced in manufacture than id slal s or blocks in the rough j mauufaciures of papers, or of wliioli paper is a component material, not otherwise provided for; manufactures,arlicles, ami wares of papier maclie ; manufactures of wood, or of which wood is a component pirt, not otherwise provided for; niatiufac'tires of wool, or of which wool shall be the component material of chief value, not otherwise provided for; medicinal preparations, not otherwise provided for ; me metallic - tallic metallic pens ; mineral waters ; molasses ; mus muskpts, - kpts, muskpts, r fles, and o'her fire-arms; nuts, not other, wise provided for; ochres and oclirey earlhs, used in the composition of painters' colors, whetherdry or ground in oli ; oil cloth of every description, of whatever material composed ; o Is, volatile, essent al, or expressed, and nm otherwise provided for; olive oil, in casks, other thansalid oil; olive salid nil, and all other olive oil, not otherwise provided for; olives ; paper - antiquarian, demy, drawing, elephant, fool foolscap, - scap, foolscap, imperial, letter, and all other paper not otherwise provided for; paper boxes an I all other fancy boxes; paper envelopes; parasul parasulanti - anti parasulanti sunshades; parchment; pepper; plaled and gilt ware of all kinds; playing cards; plums ; potatoes ; red chnlk*pencils ; 6%ddlery of all kinds, not otherwise provided for; sal salmon, - mon, salmon, preserved ; sealing wax; sewing silks, in the gum or purified ; shoes composed wholly of India rubber; side-arms of evpry description; silk twist, and twist composed of silk and mo mohair - hair mohair ; silver-plated metal, in sheets or other | form; aoap - Castile, perfumed, Windsor, and

JAMES W. WALLIS, vs. RHEA &. UOSS. Pickens County Court, S. P. Rich, for the |>Liintill' in error. Wm. Cochran, lor defendant. COLLIER. C. J. 1. General objections to a deposition may be promptly disregarded by the Court. 12 On a trial ol tile right of property, n claimant under a deed of trust may show, lluu plaiutills in execution were informed of the existence ot the deed before tjje time prescribed lur its registration, and thus obviate an objection to its registra registration. - tion. registration. Reversed and remanded. GEORGE I). SHORTRIDGE, vs. WAI. EASLEY, ADAl'R. &c. Talladega Orphan's Court. F. W. Bowbon, for plaintiff in error. W. P. Chilton, for defendant. * COLLIER, C. J. 1. Where a claim is filed against the es. tale of a deceased person within six months after it shall have been declared insol vent, the affidavit of the claimant to the justice of the claim need riot then be made, but may be afterwnrds supplied. 2- Whatever muy have been thu common law right of an administrator to retain from tire assets ol the estate to puy a debt duo himself in case of insolvency ; - the act of this state takes away all pretence lor the right of retention, where the estate both real and personal is insufficient lo pay all just ibibls. Reversed and remanded. CREAGI1 As FOR WOOD. vs. SAVAGE. Circuit Court of Clarke. Hopkins, for the plaintiff in error errorHiinly - Hiinly errorHiinly Puck, contra. ORMOND, J. 1. A party complaining of error in the judg rnent of the primary court must present it distinctly upon the record: and in doubtful cases every reasonable presump presumption - tion presumption end intendment will be made in fuvor of the judgment of the court. 2. A trustee by bis purchnse u! his own sale, takes u defeasible estate, subject to tie di vested at tbo election of the cestui que trust; and there is no reason for a more rigorous rule when tbo sliertir purchases n! bis own sale, in either case the pur purchaser - chaser purchaser takes a title which may he digest digested, - ed, digested, au J the property again sold at the in instance - stance instance of any otto interested. In the case of a sherifftliis may he done til a a .summary way by motion to the court. 3. Seeble, that in Kentucky where a dif different - ferent different rule prevails, a purchase by the Sheriff at his own sale is forbidden by statute. 4. Scmblc, that tliesmnmary remedy is con confined - fined confined to the suit, and that creditors of the defendant may have relief in equity. 5. Whether such relief can he bad by cred creditors - itors creditors at large, or whether it is confined to judgment creditors. Quere f Judgment affirmed.

.Gen. DufT Greene has pub i,l,ed an arti article - cle article in the Union, which presents a novel, but no doubt in some extent a practical, plan, for the payment of mail transportation on Rail Roads, which whilst it promises to da crease the cost to the General Government will afford large facilities, to rail roads not yet completed to extend their works- Ths following paragraphs contain the gi-lof his proposition, "I propose that Congress shall authorize contracts to be made with railroad compa companies - nies companies fur the transportation of the mails, and troops, and munitions of war, and that, in instead - stead instead of pacing thtyii quarterly, as now, a fair equivalent fur the service, in perpetuty or for u given series of years, in govern government - ment government five per cent, bonds should be paid in udvance; reserving in all cases, a prior lien upon the railroads thus employed, wiiii proper guards und securities to guaranty a faithful porfo rnmnce. The present payments to railroads und steumhouts is about 500,000 dollars per annum. By way of illustration, we will assume that the payment to rail railroads - roads railroads is S300,000. This is equal to five per cent, on ten millions of dollars, and the $500,000 now paid to these railroad com. puriios would pay the interest upon £ 10.000,. 000. It matters not to the department whether that sum is paid ns the cost of transportation, or as the interest on the sum received in payment for transporta transportation. - tion. transportation. But when wo take into consideration the large stuns already expended in construc construction - tion construction of railroads, their connexion with each other, the increased profits which would ac. crue upon all by the completion of the un unfinished - finished unfinished roads, and that many of these aru in the south and west, where the cost of con. struction is but little, and that upon some of them large sums have been already expen expended, - ded, expended, it is apparent that the proposed advance would tend to the immediate completion of many of these unfinished roads, and bring into use from one to two thousand miles more of railroad. It follows that the ruilroad companies, in consequence of ills aid thus I given them, could afford, and they, no doubt, would consent to make the contracts so much bel >w tho present charge, as to ere. ate a sinking lund out of the present expen. dilure, which, in fifteen years would dia. charge the principal, and thus relieve the department from the payment interest, and give to the government the use of such roads, fbrever thereafter, free of any charge whatever."