Indiana State Sentinel, Volume 26, Number 31, Indianapolis, Marion County, 21 March 1877 — Page 3

THE INDIANA-STATE SENTINEL, WEDNESDAY MORNING, MABCH 21, 1877

ABOUT THE COURTS.

An Important Decision in the Supreme Court Concerning Attorneys' Fees on Notes. Charles F. W. Leanty and Louis Y. Brown, Fort Wayne; voluntary copartnership. Referred to Register Hayden. nprfme ConrL The Naprcme court are now citing the UT(J revision of the statutes, complete In two volumes, by Edwin A. Davis. These books are for pale by the Hentluel company at 90 per volume. No. 4,971. Francis M. Chnrcbruan va, Luther R. Martin. From the Marion civil circuit court. Worden, C. J. Action by the appellant against the appellee upon fire several promissory note9 execute by the defendant to the plaintiff. The notes were all dated March 18. 1875, a' Indianaitolio, Indiana, and each waa for the Say men t of the rum of $133, one day after ate, and all excopt the third boro interest at the rate of 10 per cent per annum from date. The note firsLrounted npon contained the following claus?. 'And 10 per cent, attorneys' feeü if suit be institute! on this note " "the second note was payable, "in the gold coin of the United State," and it was therein stipulated that "If this note is paid at maturity or before suit is brought thereon then it shall be payable in any lawful money of the United Brates." The third note contained the following clauses: "And five per cent, attorney's feea." "With six per cent, interest from date, and if not paid at maturity, 10 per cent, interest front date until paid." The fourth stipulated for the payment of "fire per cent expenses of collection other than attorney's fees if suit be instituted on this note." The fifth and last note contained a clan.se stipulating to pay "five per cent, for exchange and other expenses incident to the collection thereof other than attorney's fees, if suit be instituted on this note." On issue joined there was a trial by the court, resulting in a finding and judgment for the plaintiff. But the court refused to allow the plaintiff the 10 per cent for at torney s fees as stipuiatea tor in trie nrst note. The court also refused to render judgment that the amount due on the second note be collected in gold coin. The court furthermore refused to allow the 5 per cent for expenses of collection and exchange,! stipulated for in the fourth and htth notes Appellant has duly preserved the questions arising upon these rulings. The court allowed the five per cent attorney's fees and inter-st, as stipulated for in the third note; and the apillee Las preserved, and by a cross error has here raised the question arising upoa this ruling. By an act approved March 10. 1875, 1 It. 8 jS76, p. 140, it was provided "That any and all agreements to pay attorney fees depending upon any coudition therein set forth, and made part of any bill of exchange, acceptance, draft, promissory note or other written evidence of indebtedness, are herby declared illegal and void; provided, that nothing ia this section shall be construed as applying to contracts made previous to the talcing effect of this, act." The act took effect from and after its passage. and was, therefor, in force when the nous in suit were executed, rue agreement in the first note to pay attorney's fees, is clear ly within the terms of the statute, for it is made upon the condition 8ft tortn in tne note, that suit be instituted on the note. But it is claimed by the appellant that the actis unconstitutional and void. We are not aware of any provision either in the feilend r state constitution that is violated by the act in Question. It is true the federal constitution provides that no state shall pass any law impairing the obligation of contracts. But a law prohibiting the making of certain contracts is a very different thing from a law impairing the obligation of con tracts. A contract made in violation oi law has no obligatory force whatever. It is said in 2d Htorv on Constitution, section 1.200. Cooley's edition, in speaking of the provis ion above mentioned, "It is the civil obliga tion of contracts which it Is designed to reach: that is. the obligation which is recog nized by and results from the law of the state in which it is made, if, therefore. a contract, when made, is by the law of the place, declared to be il legal, or deemed to be a nullity or a nude pac, it has no civil obligation, be cause the law in such cass forbids it having anr binding efiioacv or force. By the constitution of the state the legis lative authority Is vested n the general assembly. (Const, art. 4. section 1.) When. therefore, an act of the general assembly is passed which violates no provision of the federal or state constitution, the judicial de partment can not bold it to be void on the ground that it is wronger unjusf, or violates the spirit of our institutions, or impairs nat ural riebt. Upon this point we refer to an extract from the opinion of the supreme court of Pennsylvania, contained in the case VI IT ritinic T9. iurillil. au''.. We think the court below committed no er ror in its ruling in respect to the first ncte. The second note, as has been stated, was payable in gold coin of the United atates, with a subsequent provision that if paid at maturity, or before suit waa brought, it should be payable in any lawfal money of the United states. And on this note tne plaintiff asked that judgment should be rendered payable in gold coin of the United 8tates, but this was refused. It is now settled by the supreme court of the United states, that the legal tender act applies only to debts payable in money generally, and not to debts payable in coin. It is also held by the same court that under the constitution and laws of the United Brates the holder of a note payable in coin or specie is entitled to a judgment for its payment in accordance with the terms ot the note. And it is further held by the same court that where a state court . . , A 1 . " 1 ret usee to renaer tne proper jungmeni in such cases the supreme court of the United States has jurisdiction on writ of error to the state court (Tribiloock vs. Wilson. 12 Wall.. 687; Broneon vs. Rode. 7 Wall., 229; Butler ts. Ilowitz, Id. 258. See also Phillips vs. Dagan. 21 Onto, s. 4o; Uhnsier vs. Kenois, 43 N. Y., 200; Stark vs. Cottln, 105 Mm 328-334; Currier vs. Davis. Ill Mass., ISO IfcCallT vs. Ely. 64 Penn.. 254 The auestion involved beinz one which arises under the constitution and laws of the United States, we are bound by the de eisions of the supreme court npon it; and we must hold that the plaintiff was entitled to a radzment for the collection of the imoanl doe upon this note in gold coin of the United b taten, unless the subsequent clause in the note take away the plaintiff" s rieht to payment in coin, as stipulated for. The primary and principal obligation waa for the payment of the amount in gold coin as ataUd hnt tn this was added a clans that if the note should be paid at maturity, or before salt should be brought upon it, it honld be payable in any lawful money of the United States. The note, however, was not paid at maturity or before suit was brought upon it, and we see no ground on which it can or ought to be held that the plaintiff was not entitled to payment in coin aa stipulated for. . The condition on which ' the defendant wm entitled to psy fa any

awful money of the United States was not 1

by him performed. Hence the plaintiff was entitled to payment in coin as stipulated for. We are of the opinion, therefore, that the caurt erred in not rendering Judgment for collection of the amount due upon this note. in gold coin of the United States, as stipulated or in the note. W e come now to the fourth and fifth notes. These may be both considered together. The fourth contained stipulation to pay five per cent. expenses of collecfon einer than attorneys' fees, if suit should be instituted on the note; and the fi'tb, to pay 5 per cent, exchange and other expenses incident to the collection thereof, other ihnn attorneys' fees, if suit should be instituted on the note. If these stipulationswere not a mere cover for usury, we discover no legal objection to them. It did not appear that they were de signed to obtain usurious interest. The par ties had a right to make such contract as they chose, not in vio'ation of any law. The stipulations do not violate the statute here inbefore set out on the sunjectot contracts for the psymentof attorneys fees. By that statute certain agreements for the payment of attorneys' fees are declared Illegal and void. But that statute does not make any other axrieinents void. It will not do to say that beeuu.- the legislature have declared a particular class of contracts void. parties may not make other and ditlVrent contract-, not prohibited, which will be as beneficial as thoe prohibited. It the stipulations under consideration are void, it must be upon other grounds than the violation of the statute mentioned. Withreeird to exchange, it is clear that parties may legally contract to pny it where ft is not designed to cover usury. (The gute Bank of Indiana vs. Rogers, 3 Ind., 63; Cornell vs. Barnes, 20 Wis,, 43; Bucking ham Vs. McLean, 13 How., 151 1 The other stipulations iu these two notes are within the class that have been upheld by this court Thus in Garubrel vs. Doe, 8 Blackf.. 140, a mortgage had been given to secure the payment of a sum of money, and it contained the following stipulation, viz: "And I do agree that said land and all my right, title, interest and claim therein, may be exposed to fa'e, if such principal and interest be not paid at the time the same shall become due to sati-fy said principal and interest, with 5 per cent damages thereon and all costs." The court said, in speaking of this provision, "This, we think, is a reasona ble stipulation to allow compensation for extra aud incidental trouble and expense, and does not, in our opinion, render the contract Usurious." In the case of Bill i ngsley ts. Dean (11 Ind., 331) a note was given containing the following stipulation, vis: "And if any in stallmetitof the interest or principal sum aforesaid should nat be paid when duel rironiiM; lo pay the said Thompson Dean all attorney's lees ana oiner cosu ana cuarges in the collection thereof', etc. Tha court said of the stipulation: "ltw-a optional with Ililliiiffsly whether he should become liable to pay the expenses of collecting the debt. That liability could only result from his own default; and evidently when a party agrees to indemnify another against the consequences of his own act he can not coin plain if his contract is enforced against him. J he agreement in tne case is reasonable and there is certainly no ood reason why an agreement tn the part of the debtor to pay an expense resulting necessarily from his own act should not b held valid in law." The above observations, while" hey may not be applicable to contaacts prohibited by the statute before mentioned areentirely applicable to the contracts centered in the two. notes now under consideration, which, ss before stated, are not prohibited by thut statute. We may remark before closing our obser vations upon these two notes, that he court precluded any inquiry Into the question of usury by striking out of the paragraphs of the complaint based upon them the prayer for the amounts thus stipulated for. In our opinion the court erred in its ruling upon the two notes in question. This disposes of ail the questions made by the appellant. We come now te that raised by the cross error. We have seen that the third note contained an unconditional promise to pay five per cent attorney's fees. And this was allowed by the coart. In this we think the court Commuted no error. In the case of timith vs. Silvers (32 Ind.. 321.) this court said, Frazer, C. J., delivering the opinion: "A stipulation whereby the debtor agrees to be liable for reasonable attorney's fees, in the event that his failure to pay the debt shall compel the creditor to resort to legal proceedings to cojlect his demand, is not only not usurious, but is so eminently just that there sould be no hesitation in enforcing It,"' Diubtless some abuses have sprung from the quite genera) practice of giving notes stipulating for the payment of attorneys' fees, and especialy in cases when the amount of the fees is not specified by a percentage on the amount of the note or otherwise. And we may suppose that the legislature. by the act before noticed, attempted to reined v such abuses. But the act does not cover the note now under consideration. The terms of the act are too plain and unequivocal to admit of construction. Its language roust be its own interpreter. It provides "That any and all agreement to pay attorney fees, depeudinz upon ant con dition herein set fonh. aud made part of any bill of eichange," etc., "are hereby declared Illegal and void." .Two things are clearly and unequivocally required to brine a case within the statute: 1. The agreement to pay attorney fees must depend upon a condition. 2. The condition must be set forth ia the instrument. We can not assume that the legislature in tended to make all agreements to pay at torneys' fees made part of any bill, note, etc.. illegal and void. The langvtre em ployed utterly excludes such inference. If they had intended to do that, they could have simply said, "all agreements to pay at torney fe9, mule part ot any bill of exchange, etc. are hereby declared illegal and void." The statute expressly limits the prohibition to argrvementa depending upon any condition bet forth in the Inst rument. The agreement in the note we are now considering, was for the unconditional pay. went o' five per cent, attorney's fees, and is not within the statute. Herein it differs from the agreement in the first note. In the first, the agreement was to pay the attorney's fees on the condition set forth in the note, vis: if suit should be instituted on the note. Perhaps there would be an implied condition in the note we are now considering, that the attorney'" fees were only to be paid in ca?e it became necessary to employ an attorney to collect it. But if so, that would not bring itwithin the ttatute. We have seen that to bring a case within the statute the condition matt be exprVss, for it auust be set forth in the instrument. We are therefore of opinion that the court did not err in its ruling upon the third note. For tbe errors hereinbefore noticed the judgment below will have to be reversed. The judgment below is reversed with costs, and the canse remanded for farther proceedings In accordance with this opinion. During a norther at Deaison, Texas, the night of the 7th, the mercury fell 40 degrees In eight hours. .

SNEEZING CATARRH!

THIS Is a constant snreze, sneere, tneet. until your head seem ready to n off, until vour none and eyes dlscharg excessive quant. tl a of mueu, inln. acrid, and poisonous, uniu, unnt ur duhium or 4wiiit, jw number yourse 7 anions t most, adieu! of mortals, defined to aufifd periodically the greases distress wltnout relief or cousoUtloo. Every draught, eveiy b eatli of air seems an eni-my lu auguise. -jms is propetiy caiiee acute cat rh, and commonly, cold in the Ii ad. i U constant recurrence is due to constitutionally weak r olseased nxa! orgxns, and enfeebled action of the perspl'aio y glands. In the permane t cure o his dU tresin malady, iinio d's lUwlicl Cure for Cttarrh Is a never fal lug specific. Instant te ller follows tne nrt uoh. jia use uexiroyn me morb d sensitiveness to atmospheric cnanges. whict predispitae people to this diw-rise, and Ls sure to prevent an altacK oi Chronic or Ul cerative Catarrh. CHRONIC CATARRH. Pvm Dt om h Ob t m Led breathing, pnrtla closwe of one or both nostrils, a storped up. "s uffed up" feeling in the luad, couMant. o'owiiirf oi tne noe, aiscnarges iroin ue Dose of a water or thick xellow or eieenish mu cin, frequenily stie ked with blood. Homelimes the mat er uecomps encrusted in ine uasal pasaves, and is temovt-d only by vrol..ned elf'ort. In the moraine on rls'nK.the symptom are the worst. Violent blowing, imwKiiuana pining uniuinec ustsare remoV'd.nt least pan la' ly, and the throat Is fieedfroin the matter that has accumulated durin tU" nlnht. Ktna'.ly, the pot onous c ret ions attack tne tnr-ai, oroncmai tune, lungs, terminating In pulmonary e n sumption, aocompanld by a in out ofT nslve breath and IwvaJrrd eyesight aud hearing. ULCERATIVE CATARRH This U the destructive and terrible stage of the iseas The whole n.&al passages, in cluding the eyes and ears, the tonsils, throat, broncUrai übe and Iuiiks become, one afurr another, affected, inflamed, ulcerated and succuoth rapidly to this me rural monster. A peculiar avid is genersted aud set at ineny by this dLseaMt. which, permeating the blood, weakens aud destroys Us renovating power. and allows the system no opoortunlty to throw off the ralady until this poison is neutralised and expelled. Jt Is here lhat cons' 1tut'onal treatment becomes of the most vital consequences, "btcau.se unless anested at this stage tue disease Hi make rapid nriwress toHousehold Physician. Mean while a soothing. ht-ailog and astringent medicine must be applied ulreetly to the naaal passages, this forming the mast periect treatment of the disease poHslb!e. PERMANENTLY CURED SATOUD Kadlcsi Cure for rtarrn is a sae. eertau and permam-nt cure for Cat rru ol every form, and he most perfect rem edy evr devised. It Is pnr ly a vege table dis till 'lion, and is applied locally d Insuman n and count utlonany by luternal adinlnistralon. I oeailv applied rel.er is nitautaneous. 1 1 Hootlie. hea's anrl e eiis- th- usual pa--ayes of every feeling of heaviness, obstruction, dull nesH or dizz ness. CoiKtlt ut onal'y administered 1 renovat-s the hl .od purines It ot the cid poU'on with which It la always charged It catarrh, stimulates th srbraac , lverand Sidneys, peri cm d gestio a, maks new bl -d and perm tsth forma- loa of sound ha t y tisue. od fin all v obtains complete control over thr- clsea.se. The remarkable cuintive powers, when al o'herreniedlesntte-'ly fail, of Mauford' It dlcal Cure. arj attested by thousan s who grt-fu'ly recommend It ti fe 'ow suffer rs. N statement is made regaidtng It th ii c in not b- substantiated by the uo-t rwspFwtab'e an-1 reliable references. It Is a icreat and goo I medicine and worthy all conndenc. Kuch rac'tae co talus a treatise on (utarrh and Dr. Handfo d' Improved In h 11 ng Tubes an- fall directions for ita ue In Heises Hand ford's hadl al Cure la sold bv all wholesale and retail druggists throughout the United Htaf. Price. 1. LAME BACK. Lame and Painful Back. Twelve Days in Hospital. Messrs. Weeks A Potter: Gentlemen 1 have lust, recovered iroraalame and painful back through the use or your Colllus ottaio riasters. My back was s lam and painful that I eould not sto p, walk or do duty of any kind, and was plactd in the hospital for twelve days without eure. I theu aaked permission of tbe surg-on to try the coll-ns' Voltaic Plasters, ami in a few hours after petting one on was entirely relieved or pain ana able to oeno my back; am now thoroughly well. I consider them simply wonderful. Respectfully yours, A.LEX ANDKR JAMfSON. Co 1, 1st Artillery, Fort Warren. Boston, May 3, 176. "ARE DOING WONDERS." Mers. Weeks A Totter: Gentlemen Collins' Voltaic P asters are olng wnndets They werk like magic, and those you seat last are nji sold and more wanted. Menu me uiree docen as soon as you E4t this. Money enclosed herewith 1 want them to-morrow night, if possible, in haste. Yours, T. K. PALMER, P. M. No. Fayette, Me., May 1, lOTtt. Sold by all druggists, and sent on receipt of OC . II II. ... . twelve, carefully wrapped, and warranted, by WEEK8 fc POTTER.Prourietors Boston Mass. DOBBIN'S STARCH POLISH. A GREAT DISCOVERY I D..nuA a urtiiti rv family mttv civ their linen that brilliant polish peculiar to flf l & .....1 4 mn And 111 h m 1 .. a - launury worn, savin nun. 'v ?r in iron lng, more than lis entire -rt. Warranted Ask for Dobbin's. DGRRINS BRO. A CO- 1 North Fourth street Philadelphia. . IT. If I.T.F, Oonyiml 4 treu I. ESTA.-T3T-.TR EID 1837. "PHCENIX BEI AND," We offer the above brand of White Lead to the public witb the pottltlve .wunnea tbat It PERFECTLY PItE. ECKNTEISf, ttMMAM 4k CO., For sale by dealers Kuera ly. Cincinnati. O. Note Consumer will consult their ixtirEflT by bearing In mind that a laiye pt)portlon of the i.tie e sold im Pare WhlU- Irf-ad Is SMlul teeel to the extent of f. om V) to SO percent: and rauch of it doe not con talu a particle of Lead.

Fl Ckoy da shine) imkmJ

TJK

SALE FOR STREET IMPROVEMENT.

By virtne of a certain nrecent to ine directed by the mayor of the city ol Indianapolis, In diana, and duly attested by the clerk of said city under the corporate mxX of said city, 1 Will ou SATURDAY, March 31, 1877, . sell at public auction, At the City Court Room. between tne noursoi 10 o cioca a. m., auu o'clock p. m., of said day, the following described lot, or parcel of land, or so much thereof as may be necessary to SHtisfy the sum bereinaru-r named or assessed against subpremises for street Improvement, and all costs, to-wit: jot No. ten (10 In oullot No. two 2i In Mas ter's subdivision of Drake & Maybe w's second addition to the city of Indianapolis, Ma rlon county, Indiana, owned by Joseph Mann, against which la aasesa d tbe nam of nineteen dollars and twenty cents (S19.2U) lor street im provement in favor of ileury Clay, coutractor. HENRY W. TÜTEWILER. City Treasurer. Indlanapo'ls, Ind., March 7, 1877. SALE FOR STREET IMPROVEMENT. Br virtue of a certain preceot to ine directed. by the mayor of the city of Indianapolis, Indiana, and duly attested by tr clerk of said city under Hie corporate seal of said city, I Will, on SATURDAY, March SI, 1877, Hell at puhlle auction, at the City Court room, between the hours of 10 o'clock a. m. and 4 o clock p. M., of said day, the following de scribed lot or parcel of land, or so much thereof as may be neceasary to aathuy tue sum hereinafter named as asNessed against such premises for street improvement, and all ooats, to-wit: Lot No. thirteen CSUn outlot No. two (2) in MatOera's subdivision of Drake A Maybew'a second addition to the city of Indianapolis, Marlon county, Indiana, owned by Brldst Shaunessey, against which is assessed the sum of nineteen dollars and twenty cents (819 JO) for street Improvement in favor of Henry Clay, contractor. HENRY W. TUTEWILER, City Treasurer. Indianapolis, Ind., March 7, IK77. SALE" FOR STREET IMPROVEMENT. tot Rv virtue of a certain nreeent to me directed bv the mavor of tbe cltv of IndlanaDolls. In diana, and duly attested by the clerk of said city under the corporate seal of said city, I wiuou SATURDAY, March 31, 1877, Hill, at public auction, at the City Court Room. between tne hours oi iu o ciock A. M. and 4 o'clock p. M. of said day -the following described lot or parcel of laud, or so much thereof as may be necessary to satisfy the sum herematter named as assessed against such premises, for street Improvement, and all costs, to-wlt: Lot No. four (4) in outlot No. two (2) in Maa ters's subdivision of Drake A Mayhew's sec ond addition to the ctv of Indianapolis. Ma rlon couuty. Indiana, owned by Juhn a . MoKown, against which is ahses-ed the sumsjf nineteen uoiiars at u twenty cents iJiHX)) ror street Imptovemeut In favor of Heu ry Clay, contractor. HENRY W. TUTEWILER, City Treasurer. Indianapolis, Ind.. March 7. 1K77. SALE FOR STREET IMPROVEMENT. By yirtn of a certain precept to me directed by the mayor of the city of Indianapolis, Indiana, and duly attested by the clerk of said city under the corporate seal of said city, 1 wiu on SATURDAY, March 31, 1877, ....it i ..viu .I..H.. n vA r"s. tj.m between like hours of 10 o'clock a. if . and 4 o'clock r, M. of said day, the following de scribed lot, or parcel or iaoa, or so mucn thereof as may be necessary to satisfy the sum hereinafter named as aasessed against such premises lor street improvement, and all coats. to-wlt: Lot No. three (3) in outlot No. two (2) In Mas ters s subdivision or Drake A vayhew'ssec oud addition to the city of Indianapolls, M rion county, Indiana, owned by John M. MeKown, against which Is assessed the sum of nineteen dollars and twenty cents ($19 2u) for street Improvement in favor of Henry Clay, contractor. nENRY W. TUTEWILER, City Treasurer. Indianapolis, Ind , March 7. 1T7. NOTICE la hereby given to tha citizens of the Twelfth ward. In the city of Indianapolis, Center township, Marlon county. Indiana, uiai l. r. w. uaui. u juuie inhabitant of said ward, over theatre twenty one years, will apply to tha board of county commissioners of said county, at their Apiil meeting, for a license to sell, for one year, spl.-itouK, vinous and malt liquors, In a less quantity than a quart at a time, with the priv ilege of allowing me same to oe urana ou my premises. The precise location of the premises whereon I desire to sell said Honors is described as fol lows: It No. 1 in outlot No. 129, orner McCartyand West streeU, and known as No. 402 South West street. In the city of Indianapolis, Centr townahip. Marlon County. Indiana, fHignedl -F. W. GAUL. ASK the re tovtrtd dyspep tics, Bilious sufferers, victims of Fever and Ague, tha mercurial diseased patient how theyrecovered health cheerful spirits and good appetltite, they will tell you by tak ing Plmtaons'B LiVe? "gulatof. Do you want to purify the system f Do you want to get t id of Biliousness? Do you want something to strengthen youT Do you want a good appetite? De you want to get rid of Nervonsneast Do you want good digest lonT Do you want to aU-ep wellt Do you want to build up your constitution f Do you wanf a brisk and vigorous feellngr If you do, take SIMMONS' LIVES REGULATOR. As there are a number of imitations offered to the publle, we would eautlon the community to buy no Powders or Prepared HIMMONbV LIVER REGULATOR, unless in our engraved wrapper, with the trade mark, stamp and Signatare nobrokes. None other , la genuine. J. IX. ZEIXLV & CO., Mseow. 0 nl PMlstelphla. pnEscnipnorjs FnEEl For the speedy cure or Seminal Weakre Lost Manhood, and all f 'ordert brt nghl ou by indiscretion or excess. Any Dir agist qm the lngredienta. Andrea, D". JAQUEH, . , , Cincinnati, Ohio. .

LEGAL.

SALE FOR STREET IMPROVEMENT. By Virtue of a aertaln preeent to me d ireeted by the mayor of the city of IndlanaDolls. In diana, and duly attetsi by tbe clerk of said city under the corporate seal of said city, I will on SATURDAY, March 31, 1877, sell, at public auction, at the City Court Room, bttweeu the hours of 10 o'clock a.m. and 4 o'clock P. M., of said day, the following described lot, or parcel of laud, or so muco tnereoras may be necessary to satlsry the sura hereinafter named aa assessed against such prem wes tor street improvement, ana au costs, towlt: i t . i ,i ( I ot No. twenty six 1361 in out'ot N-. two 121 in Mst rs1 subdlv sion of Drake A Mayhew's second addition t the city of Indianapolis, Marion county, iruiana, owned oy Jonn Young, against which is assessed the ram of nineteen d-.Uars and twenty cents IS19 201 for street improvement in favor of Henry .tay, coutractor. nENRY W. TUTEWILER, City Treasurer. Indianapolis. Ind., March 7. 177. SALE FOR STREET IMPROVEMENT. Bv virtue of a certain precept tome directed by the mayor of the city of Indianapolis. Indiana, and duly attested by the clerk of said city under the corporate seal of said clty,I will on SATURDAY, March 31, 1877, sell at puUU auction in the City Court Room. between the hours of 10 o'clock a. M. and i o'clock P. M. of said day. the CoUowing deacnoea 01 or parce oi tana, or so mncn thereof as may be necessary. to satisfy the sum hereinafter named aa astKaed against inch premiums for street improvement, and all mum to-witt Lot No. twenty-five (25) In outlot No. two 21 in Masters 's subdivision of Drake A May hew a seoond addition to the city of Indianapolis, Aiarion county, inutana, ownea oy Jonn Young, against which ia assessed the sum -f nineteen dollars and twenty cents (S19.201 f -r street improvement in favor of Henry Clay, contractor. HENRY W. TUTEWILER, City Treasurer. Indianapolis. Ind.. March 7. 1K7. SALE FOR STREET IMPROVEMENT. By virtue of a sertaln preoent to me directed by the mavor of tho city of Indianapolis, Ibdiana, and duly attested oy the clerk of said city, under the corporate seal of said city, 1 wm en SATURDAY, March 31, 1877, sell at publle auction, at the City Court Room, between the hours of 10 o'clock A. M. and 4 o'clock p. x. of said day, the following de scribed lot, or parcel of land, or so much thereof as may be necessary to satisfy tbe sum hereinafter named as assessed against such premises lor street improvement, and all oohU, to-wit: Lot No. twenty-four (24) in ontlot No. two (2) In Masters 'S subdivision of Drake A Mayhew's second addition to the city of Indl 'liapoll, Ma ion county, Indien, owned by John Young, against which la asseased th sura of nineteen dollars and twenty cents ($la.t) for street improvement in favor of Henry Clay, contractor, HENRY W. T0TKWILER, City Treasurer. IndtapapoMa, Indn March 7, lrf7. SALE FOR STREET IMPROVEMENT. By vlrtoe of a certain precept to me directed, by the mayor of the city of Indianapolis, Indiana, and duly attested by tbe clerk of said city under the corporate seal of said city, 1 wiu on SATURDAY, March 31, 1877, sell at publle auction at the City Court Room between the hours of 10 o'clock a. m. and 4 o'clock P. M. of said day, the following oscribed lot, or parcel of land, or so much thereof aa may be necessary to satisfy the sum hereinafter named as assessed against such premise for street Improvement, and all eosta to-wlt: Lot No. thirty-seven (37) in outlot No. two (2) la Master's subdivision of Dr ae A Mayhew's st cond addition to the city of Indianapolis, Marlon county, Indiana, owned by Jacob B. Julian, against which is assessed tue mmol nineteen dollars and twenty cents $19.2nl for street improvement in lavor of Henry Clay, eontracicr, nENRY W. TUTEWILER, eity Treasurer. Indianapolis, Ind.. March 7, IX. 7. Sale for Street Improvement. By virtue of a certain precept tome directed, by the mayor of the city of Indianapolis. Indiana, and duly attested by the clerk of said city under the corporate seal of said eity, I will on SATURDAY, March 31, 1877, sell at public auction, at the City Court Room, between the hours of IV o'clock a. m. and o'clock p m. of said day. the following described tot, or parcel of land, or so much thereof as may be necessary to satisfy the sum hereinafter named as assta-ed against such premises for street improvement, and all costs, towlt: Lot No. seventeen (17) in outlot No. two (2) in Masters 's subdivision of Drake A May new s second addition to tne city of Ind anapolls, Marlon county, Indiana, owned by John or ng, against which is assessed the sum of nineteen dollar and twenty cents (119.. 0) for street Improvement in lavor of Henry Clay, contractor. HENRY W. TUTEWILER, City Treaaurtr. Indianapolis. Ind.. March 7, 1877. Thomas II. Bowles, attorney. STATE OF INDIANA, Marfan county, as: In the ejuperior Court of Marion county, in the state of Indiana, March term. 1877. No. 18,06. AU red B. J odd vs. Henry C. Hopkins, Lncy J. Hnnklnaa d the 8haw Carriage company. Be it known, that on the '.Sd day of Eebroary, 1877. the boved umM piainiirr. oy nis attorney, filed In the of&oe of the clerk of the Snnefinr Court of Marlon county. In the Bt&tA of Indiana, hi eomnlalnt' against the aDove dsiihmI defendant!, for to e.oeure of mortgage, and on tbe 6th day of March. 1K77. tha said plaintiff filed In aald clerk's office the affidavit of a competent perman hiwln th.t Mid defendants. Henry Ci. Hopkins and L.ucv J. Hopkins, are not resldentsoi tne state oi ÄQoiana. Now therefore, by order of said court, said defendants Ifurt above nimm are nereov now fied of Lbe Allna and pendency of said aoinplaint against them, and that unless they apnear and answer or demur thereto, at the calling of said cause on the a eond day of the terra of said court to be begun and held at tha court house in the city of Indianapolis, on the first Monday in May.lOT.sna comti urn. ana the matters and thiii es therein contained and alleged, will be heard and determined Irt their absence. , ,. albu.i i. urw" . mar7-3w CJerk.

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