February 1, 1862 (4 pages)

Hevada Democrat. ‘Thomas Boyce is our nt for San Franciseo. He is authorized to ve advertisements, and collect and receipt for the seme. A. Badlam, Jr., is our Agent for Sacramento, to receive advertisements and collect for the same. ~ SATURDAY EVENING, FEB. 1, 1862. Russet, the Amefican correspondent ot the London Times, bas shown ty bis letters that he is utterly incapable of appreviatiog American character, or forming any thing like a’correct opinion of public sentiment. Every thing he sees in this country ie unEnglish, and consequently wrong. Latterly he has been tryiog his band at prophecy, in which, as may be supposed, be makes 4 miserable failure. In one of his late letters he makes the declaration that “if Mason and Slidell are surrendered this Government is broken up.’’ This assertion was based on the idea which he seems to entertain, that all the American people are ready to turn traitors the moment the President does something contrary to their notions of what is right. Io another of Russell’s letters, which appeared in the London Times the very day the news of the surrender was received, he predicts that the mob would never allow our Government to give up the rebels. The English people derive the most of their information in regard to the war from Russell’s letters, which may account for their ignorance of American affairs, and their bigotry and prejudice against this country. Tux Kuamatu.—The Yreka Journal, in referring to the great rise in the Klamath river, says: It is confidently asserted by several persons on the Klamath that the water at the mouth of Salmon, on the Klamath, was forty two feet above the wire bridge, and the wire bridge being ninety feet high, makes ft one hundred and thirty-two feet perpendicular. The river is narrow at this point, and the measurement was taken on trees above the bridge. Mr.Hallidie, who built the brdge, states that it was ninoscy-eeven feet above low water mark, and if the water was forty-two, ket above the bridge, the rise must have been one hundred and thirty-nine feet. The statement of the Shasta Courier, that the Kljamath rose one buodred and fifty feet above low water, was regarded as improbable, bat it must bave been nearly that high in places. New Fiovur Miuu.—Stockton & Coover, proprietors of the flour mill lately washed away at Folsom, have made a contract for the erection of another buildiog for a new mill, and ave im negotiation for the construction of the machinery, The building will be of stone, four stories high, sixty feet square,.aod will be built several feet above the high water mark of the late flood. Tas FLour Marxer.—The arrivals of wheat and other produce at San Francisco are largely on the increase, and prices are declinwog. On Tuesday last, choice brands of extra flour could be readily purehased, in round; lots, at $8 25 and 8 50 a barrel. Purchasers are cautious about buying at present rates, and sales are dulb. Tus War Tax.—A concurrent resolution was adopted in the Senate on Tuesday last, authorizing the Governor to notify the Secretary of the Treasury, that California will collect and pay over her portion of the war tax levied by Congress. Syow at Sackamento.—On, Tuesday. lasty at Sacramento, the ground was covered with snow to the depth of three inches. This is the heaviest snow ever noted at that place, and astonished, the oldest inhabitants, Newsparer @onsonmation.—The San Francisco Herald and Mirror, the former Union Democratic, and the latter a radical Republican ergan, have been consolidated. The new paper ie called the * Herald and Mirror,”’ Wasnine up or Wurat.—The Napa Reporter says, beside the destruction done by the recent flood to our town, we hear of the washing away of the seed from many acres-of wheat, in the upper end of Napa Valley. Damage to some extent was also done to Thompson’s Suscol Nursery, and some of, the vineyards and nurseries up the valley, have had the top soil washed from around the roots of the trees and vines. Several miles of fénce also.changed its location. Tar Wittows.—This beautiful place of re») wheat by flood will not exceed 1,500 tans! sort, in the vicinity of San Francisco, has been inundated by the late floods. diately put in nepair. Dexos LAKB has been nominated by the Regenionns of, San Francisco to fill the seat in the Assembly made vacant by the resignation of Mr. Otis. Tut Foop or 1828.—We give in our columns to-day several extracts from State exchanges, in relation to the late floods, and the statements of old resideats con. cerning # former great overflow in this State. An aged Mexican, at Stockton, says that in 1826 the water was fifteen feet deep . where that city now stands, and thirty feet . deep on the site of Sacramento, The Mexican may have stated what he believed to be true, bat be is andoubtedly mistaken as . to the year, and bas greatly exaggerated . the height of the water. From some infor mation which we obtained as long ago as 1849, we are led to believe that a deluge, nearly as great as that recorded in Scrip ture, occurred on this coast in Febuary, 1828. This is probably the great flood re ferred to by Gen. Vallejo, as having occarred in 1827, Our informant was one of a party of trappers who were encamped on ibe American river at the time or the overflow. After the water had subsided, they went down to the Sacramento, near where the city now stands, and examined the! water marks on the trees, and from mea. suremente which they made they ascertain. ed that the water had risen from sixteen to eighteen feet above the banks, There was) a great overflow in Oregon the same winter, . and the Williamette was higher than it bad . been at any time since Joho Jacob Astor’s . party settled at Astoria, Cuantusron Hatton “Seatep.’’—Eastero . papers, redeived by steamer, give the particulars of the sealing up of Charleston harbor. The “stone fleet’’ arrived off Charleston op the 19th of December, and during that day and the next eighteen old whalers were sunk io such a position along the . bar that it will be impossible for a vessel of any size to enter the harbor. The bulks luy in all possible attitudes, some of them being dismantled before, scuttling,and others went down with their spars standing. The Government had fitted out twenty-five vessels to be sunk on the southern coast, and it is probable the other seven were intended to stop some of the rat-boles, in order to make the blockade more effective. The harbor of Charleston is uadoabtedly closed forever, and the city which inaugurated . the rebellion will now go to decay. CoNnGRESSIONAL Districts.—Mr, Shurtliff has introduced a bill into the Senate cividing . the State into Congressional districts, and providing that Congressmen shall be elected at the . general election in 1862, and every two years thereafter. The bill has been referred to the, . consequence , } unusual a Re EL DISTRICT COURT DECISION. Stare or Catavorsia, County or Neva A—District Court oF THe 141a JupiciaL. Disraicr. M. F. Hoit et al., composing the Shawmut Co., vs. James Ryan et al., composing the Tennessee Co. This cause was ori nally tried before my perdecessor, Hon. Niles Searls, who ve jodgment for pl'ffs. in the sum of #$810-100 against all the def’ts, except John Ryan, and, afterwards, granted pl'ffs. a new trial as . to the said Ryan, upon the ground that his answer did not deny the making, or delivery, of the notes suedon. ‘The answer was subsequently amended, and the only issue now pending is between pl’ffs. and def’t. John Ryan. — The defense set up of a former recovery in Justices Court was fully determined at the first hearing, and the findings of the Court at that time, on this point are hereby adopted. This action is brought upon four promissory notes, and cotnsel in plaintiffs contends that defendants’ answer, as amended, still’ fails to deny theit execution, or nie on The testimony of the witnesses introduced by defendant —provided the same was properly admitted— shows conclusively that neither of the notes was made or delivered by the defendant John Ryan; and indeed, as plaintiffs offered no proof of the executioti of the notes, the defendant is entitled to judgment upon the pleadings, provided his answer denies that fact. The only question in the tase, then, is, Does the answer of defendant deny the making and delivery of the notes, or either of them, set forth in the complaint? (The amount due upon the notes is $810 33-100; and def’t. admits that they were in the possession of plffs. at the com. mencement of the action.) The complaint, which is verefied, contains four counts, each setting forth a promissory . note alleged to have been made and delivered by the defendants under the firm name of the ‘Tennessee Company; and the answer contains quite a number of denials to each separate count of the complaint. The denials of the first and second counts are, in substance, the same, and may be considered together. These denials are all in bad form, and most of them are fatally defective; so that it is very difficult to tell whether the answer raises any material issue. It denies that ‘ton the day alleged” the defendant made the note—but the time is immaterial; that defendant “became liable to pay the same”—which is only a legal that he ever “undertook and promised in manner and form &e.,” which is . the old general issue in assumpsit, and isa nullity; and that defendant was a member of the firm in whose name the notes were given— but this, according to the doctrine of Whitewell vs. Thomas 9 Cal., is not material, beeause the making of the note, and not the partnership, is the material averment. There are also several other denials which apparently seek to . traverse the making of the notes, but fail to do 0. The defendant, however, does allege in his answer that the “writing obligatory” mentioned ip the said count of the said lormlaies was not made, executed, and delivered, by this defendant. ‘This, of course, would be a full denial, if the instrument referred to had been given its right et er sng g note,” instead of the ypellation of “writing obligatory;” but counsel for plaintiff contends that the latter expression means, in legal language, a bond, and that, as no “bond” is mentioned in the complaint, this part of the answer is simply a denial of something that is not alleged, and therefore a nullity, The words “writing obligatory,” in their most technical sense, import a sealed instrument, but they have also a wider signification. They were formerly—and still are—usually employed to designate a bond; It will be immeCommittee on Federal Relations. The appor-. pyt the term also signifies any instrument by tionment is as follows : which a eontract i witnessed. In its more First District —San Diego, San Bernardino, . enlarged sense I think the expression includes Los Angeles, Santa Barbara, San Luis Obispo, . every written mMstrument containing a promise Buena Vista, Tulare, Monterey, Santa Clara, that may be enforced at law. In which of its Santa Cruz, San Mateo, San Francisco, Ala. ignifications then should it be taken as used meda, Contra Costa. Population, 127,049. . by defendant in his answer? I am aware of * Second District.—Fresno, Mariposa, Merced, *he maxim that everything must be taken most Stanislaus, Tuolumne, Mono, Calaveras, San . Strongly against the party pleading; but it is Joaquin, Amador, Sacramento, El Dorado, . also a rule that the language of a pleading Placer. Population, 125,114. ; mast have a reasonable intendment and conThird District.—Marin, Sonoma, Mendocino, . 8tfuction, and that when an expression is capaNapa, Lake, Solano, Yolo, Sutter, Yuba, . ble of different meanings, that shall be taken Nevada, Sierra, Plumas, Butte, Colusa, Teha. Which will support. the pleading, rather than ma, Shasta, Trinit . Humboldt, Klamath, Del . that which would defeat it. The intention of Norte, Siskiyou. Population, 127,850. a party should be looked to in the construction shia sahaeduiad sessilis atelceaanchel of a an well as re the construction of iF ; sGON.< any other instrament; and when a word is susTur FLoop In OreGon.—The Vancouver . ceptible of two meanings, one of which makes Telegraph, of December 27th, says: The the pleading rational, and the other nonsensiwaters of the Columbia and Willamette . pea ne San Ne > —— when the 5 on is whether words should be underhave receded and gone down to their usual . stood in a eomprehensive or restricted oraae, mark at this season of the year. The ac . the presumption is in fayor of th é counts ofthe damage done by the high, prac acon In the easekt sa ie eaieon te waters on the coast will reach us, and it . nies that defendant executed, &c., the writing will yet be some time before all the dreadobligatory mentioned in the complaint; and as ful results can be calculated. Much dam-. the promissory note is the only thing in the age was done the grazing lands on the low. shape of a “writing” that is mentioned at all er Columbia, and should the snow of this . the complaint, and as the term “writing winter lie on the ground any length of time . obligatory” in its most enlarged sense (although ; ; ? . certainly no¢ in the sense usually given to it eh teng quantity of stock will undoubtedly by pleaders) includes seihlennty noes, T 4 the —_ must be taken as referring to —_--->-; the notes and net to an imaginary “bond.” Tae Frencu Nationa Dest.—Phe rapid . This construction gives a rational eo to increase of the public debt of France during . tte words rr] . she in the pleading, which oth= , erwise would have no meaning at all. That peace has been beyond all precedent. In this was the intention of the dulndiad may ns 1815, after the close of the Napoleonic wars, . gleaned from the other portions of the answer, the whole debt of France only amounted tu . — 1 og that he was (vying to deny that he raphe . had made the notes, although the attempt w: $253,230,540, In 851 it bad increased to . not successful. ‘ ' scans $1,069,127,460, and in 1858, according to! ,, n° denials of the two last counts are the pe ‘ : ame as the two first, except that they deny the latest reliable return to which we have the making and delivery of the writing fh pe access, it had: mounted up to $1,884,783,255, Junctive instead of the disjunctive. There is 3 mm. yp yale indeed there is in the denials Tue Privarnee Suwren.—The & +, . Of the first two counts—in which it is alleged Ranch : : T 6 st. Lous that the wnting obligatory is not the act and ispatch to the Peopie’s Associated Press, . deed of the defendent. It is not necessary to dated January 20th.says: “Advices from decide a a denial that a promissory note A ? ; isa party’s ac P ‘ i Europe inform us that the privateer Sumter . Le ffir oct a agnee sd ryder a was sunk off the harbor of Cadiz, just after not make it, or whether any probable meaning whatever can be attached’ to the expression leaving that port, by an American armed . steamer, used in such connection, as I think the delivery . of the notes is denied in the conjunctive clause above referred to. When a party denies that he made and delivered an instrument, I should be inclined to hold that neither the making nor elivery was put in is-ue, if it were not for the case of Blankman ys, Vallejo, 15 Cal., in which it is held that such a denial admits the making but denies the delivery. It is contended by counsel for plaintiffs that their possession of the notes is sufficient proof of their delivery; but the possession is only prima facie evidence of delivery, and is rebutted by the testimony of James Ryan and. Madden, which fully shows that the notes.were neither. made nor. Guaty.-The Farmer thinks that the loos of or about 30,000 sacks, but if it reach fifty . thousand or even one hundred thousand sacks there willbe left in. the State not far . from three hundred thousand sacks beyond @ fair supply to carry us through the next harvest! livered. by defendant, but were made and delivered by a company of which he was not a merhber, an . 4 ST. PATRICK'S BALL, i t his knowledge or consent. wee the ae views I contltide there-. A at as a matter of oat that oy — “4 = . : ies th ing and delivery of the fendant denies the making ee ede! t forth in the two ; : . potas and denies the delivery of the notes . On Monday Evening,’ March 17th, and as a matTICKETS, FIVE DOLDARs, set forth in the two last counts; ar ae ter of fact, deduced from the papas at} Supper at Withington’s Hall, rst two notes were not made or delivered, ae, he last two were fiot delivered by defendt. Tt follows, therefore, that the defendant, John . Ryan, should have judgment for his costs of suit against plaintifis; and the Clerk will enter judgment accordingly. Done in open court A. Dig 1862. TO BE GIVEN AT TEMPERANCE HAL, In the City of Nevada, MUsic BY Piumuorr & SCHMIPTSCHNEIDER The public are respectfully invited to attend, NICHOLAS FLYNN den. 6, 1002, tran gla NN, this 1st day of Jannary,, BROAD STREET DRUG STORE, T. B. McFaRLAND, } District Judge. Lake County.—A correspondent of the Sacramento Union, writing from Upper . Ciear Lake recently, says: Like nearly every other part of the State, Lake county, in some of her parts, has also suffered severely. The present snow storm will bring the lake all over the entire Lake country. We have already the water three feet higher . than any of the earliest inhabitants have ever) seen it. There is no one but a very old, grayhaired (Bushika) Indian who has ever seen the lake as high as it nowis. That there is some-. thing still severer to come we can see, as the Indians are moving on to very high ridges. The . greater portion of valuable farms is entirely in. undated with the back water from the lake, . which is stil] on the rise, and may not go down . for the next three or four months; so there will . be but tittle chance left to our farmers for rais. ing much of a crop this season. NO. 57 BROAD CORNER PINE St., Nevada. _ & Broad Sts, aa@FRESH -@4 Garden and Field Seeds! GROWTH OF 1861, JUST RECEIVED, AND FOR SALE BY C. M. BATES, SEVERAL cases of small pox, of a mild type, . AT THB BROAD STREET DRUG stone. have made their appearance at Suisun. . MARRIED. In this city on the 29th inst., at the residence of . the bride, by Rev. B. Brierly, G, E. Wituincton and ; Annin E, Sanps, both of Nevada. . We acknowledge the receipt of cake and wine, for . which the newly married couple will please accept . our thanks, wishing them along, happy and prosHAY FOR SALE! perous journey through life. “. At No, 20 Broad Street, Nevada. BIRTHS. In this city, om the 30th ult., to the wife of W. S, McRoberts, a daughter. In this city, on the 30th ult., to the wife ofT. W. Sigourney, a daughter, In this city, on the 30th ult., to the wife of T. T. Davenport, a son. VALENTINES DAY, FEB. 14, 1862. Nevada, Jan. 30, 1862A. SANFORD. . . PIONEER SASH FACTORY. CAYOTE STREET, NEVADA. ‘Seeond Door above the Gas Works.) VALESTINES, AVING PURCHASED THE ABOVE establishment of 8S. R. Perry, I would inform the VALENTINES, . citizens of Nevada and vicinity that I intend to keep: . On hand a stock of all kinds of VALENTINES, . Sash, Doors, Blinds, Mouldings, &c. VALENTINES. . Glazing and Carpenter Work done at short notice ami on reasonable terms. B. E. HOAGLAND. Notwithstanding the Great Storm, Just Received, a Large Lot of PLAIN AND FANCY VALENTINESE!: . SUITED TO ANY AND EVERY THE PRICE OF DRUGS & MEDICINES, STATION IN LIFE, AT THE HAS NOT BEEN ADVANCED Broad Street Bouk Store, by A. P. CHURCH & CO, Kerosene Lamps at $1,25 & Upwards! . A FINE ASSORTMENT JUST RECEIVED, 4LSO, THE VERY BEST Quality of Dorner Kerosene For Sale. W. H, CRAWFORD & CO., aa Main st., Opposite the Express Offices. —@@ OWNER WANTED. . A BUNCH OF FRUIT TREES, breught up from Eliza and let® at the store of Weaver & Newman, The owner can have them by calling at the store and paying charges. keb, 1, 1862. LIST OF LETTERS. J pep merit IN 1HE POST-OFFICE t Nevada City, California FEBRUARY 1st, 1862. Published officially in the Navana Democrat, having the targest circulation of any paper published in the county. LADIES’ Miss Rose Hay, Mrs. Martha P, Days, GENTLEMEN’S LIST. Abalos Dr T Mullen Themas Acors Jacob MeMurry J R(2) LIST. Miss Bridget Vlarity, . Gregory Clark Gray Morris Baily Robt Hamilton Wm H Orndoff Wilfam . Beal William Harrison John Pearce Orin A . Belcher Danforth Harris Dr Pollard Chas J . Benton RS Hatch Wesley Pryor Geo W Cavran H G Helmings MarthinRatlitt John W Carpenter Rich’d Hollister Wm 8 Carlisle Wm L Hopkins Wm L Carroll Denis Hooker Van B Clark JQ A Huff Wiliam Coe Gilbert Johnson BG G Cooley Charles Kilmer H C Cox Elias Green Korwin Isaac Cranston Wm Lindsey Richard Riley James Rigondet M Ritihot Moyse Shorda John Shultz J Sherdon Frank Snell Albert (2) Skillman V P Days M P Lynn James Z Taft Chas J Davis Gardner Luther James 0 Tolles John W } Denler 'T Mackey James WhiteMC ~* . Doliver Edward MervinJean Bapt Wilson P } Dollar RH Madison Merrill Woods G W . Faton Thomas Markhoom HE Woodhouse John Eaton Chas F Merriman Timoth Woedin H EF Enoron Wm Mean Thomas Williamson Levi Evans Jas P Franklin Ben) Frock Isaae 8 Gilman Edwin Mohr John Moor William Maints Liberty Mills Edward FOREIGN LETTERS. Mons, A. Ls. Bomotah, Sor, Fredrich Geche, Giobata Machavetto, Wiseman Lemuel Williams Johnson Wilber Hollis Sig. Giaccomo Glocchime, . Francisco Gulliardo, Mr. Aubert, will please say *‘ADVERTISED,”’ E. F. BEAN, P. . one hundred dollars of assessed value. “ : . to extra charges as per Ordinance made aad . Ag Persons calling for apy of the above letters . ded. ne AT SPENCE’S DRUG STORE, Jan, 24, 1862. No. 47 Broad street. BRIDGE BUILDING. RICE, Q. Bridge Builder, Millwright, AND DESIGNER. ” .o ABOUT TO ERECT BRIDges, Quartz Milk and! like structures, willide well to give me a caléand enamine my designs. Having made arrangements with oneef the most reliable Patent Attorneys im Washington City I'also MAIN ST., NEVADA: . will attend to the Making of Drawings, Specifications, AND PROCURING PATENT RIGHTS. Orrice—On Maimstseet, Opposite Mayer & Coe’s Boot & Shoe Store—up stairs, Nevada City, Jan. 14, 1862. THE UNION SALOON. NO. 46 PINE STREET, NEVADA CITY. OHN GRIMES WOULD INFORM HIS many friends, and the public at large, that he keeps his Saloon supplied with The Finest Liquors, Cigars, &c. Pevsons wishing to indulge in a ‘light summer . drink”? or take something ‘straight’? can be accom . modated by calling at the UNION, Nevada, Dec. 5, 1861. CITY TAXES. Crry Mansnar’s Orrice, . Nevada, January 16, 1862. } Nv IS HEREBY GIVEN THAT by virtue of an Ordinance enacted by the Trus1862, a tax property — tees of the City of Nevada, January 7th, was levied upon all assessed and taxable . within the city limits, of seventy cents upon ech Said taxes are now due and payable, and from and after this date, I will be found at my office in Flagg’s he im building, over Harrington’s Saloon, from 10 o’cloe ‘ A. M. to 4 o'clock P. M., of each day for the puryos ' of receiving the same. Property holders are further . notified that the ordinance in regard to t he coliection roperty om All prol "Ss adver~ ubject yrovin U. 8 GREGORY, Marshal and Ex-officio Tax Collects. Jan. 16, 1962. of taxes will be strictly enforced. which taxes shall remain due and unpaic Third Monday of February, a. p, 1862, will be tised according to law as delinquent, and be *

Hevada Democrat. ‘Thomas Boyce is our nt for San Franciseo. He is authorized to ve advertisements, and collect and receipt for the seme. A. Badlam, Jr., is our Agent for Sacramento, to receive advertisements and collect for the same. ~ SATURDAY EVENING, FEB. 1, 1862. Russet, the Amefican correspondent ot the London Times, bas shown ty bis letters that he is utterly incapable of appreviatiog American character, or forming any thing like a’correct opinion of public sentiment. Every thing he sees in this country ie unEnglish, and consequently wrong. Latterly he has been tryiog his band at prophecy, in which, as may be supposed, be makes 4 miserable failure. In one of his late letters he makes the declaration that “if Mason and Slidell are surrendered this Government is broken up.’’ This assertion was based on the idea which he seems to entertain, that all the American people are ready to turn traitors the moment the President does something contrary to their notions of what is right. Io another of Russell’s letters, which appeared in the London Times the very day the news of the surrender was received, he predicts that the mob would never allow our Government to give up the rebels. The English people derive the most of their information in regard to the war from Russell’s letters, which may account for their ignorance of American affairs, and their bigotry and prejudice against this country. Tux Kuamatu.—The Yreka Journal, in referring to the great rise in the Klamath river, says: It is confidently asserted by several persons on the Klamath that the water at the mouth of Salmon, on the Klamath, was forty two feet above the wire bridge, and the wire bridge being ninety feet high, makes ft one hundred and thirty-two feet perpendicular. The river is narrow at this point, and the measurement was taken on trees above the bridge. Mr.Hallidie, who built the brdge, states that it was ninoscy-eeven feet above low water mark, and if the water was forty-two, ket above the bridge, the rise must have been one hundred and thirty-nine feet. The statement of the Shasta Courier, that the Kljamath rose one buodred and fifty feet above low water, was regarded as improbable, bat it must bave been nearly that high in places. New Fiovur Miuu.—Stockton & Coover, proprietors of the flour mill lately washed away at Folsom, have made a contract for the erection of another buildiog for a new mill, and ave im negotiation for the construction of the machinery, The building will be of stone, four stories high, sixty feet square,.aod will be built several feet above the high water mark of the late flood. Tas FLour Marxer.—The arrivals of wheat and other produce at San Francisco are largely on the increase, and prices are declinwog. On Tuesday last, choice brands of extra flour could be readily purehased, in round; lots, at $8 25 and 8 50 a barrel. Purchasers are cautious about buying at present rates, and sales are dulb. Tus War Tax.—A concurrent resolution was adopted in the Senate on Tuesday last, authorizing the Governor to notify the Secretary of the Treasury, that California will collect and pay over her portion of the war tax levied by Congress. Syow at Sackamento.—On, Tuesday. lasty at Sacramento, the ground was covered with snow to the depth of three inches. This is the heaviest snow ever noted at that place, and astonished, the oldest inhabitants, Newsparer @onsonmation.—The San Francisco Herald and Mirror, the former Union Democratic, and the latter a radical Republican ergan, have been consolidated. The new paper ie called the * Herald and Mirror,”’ Wasnine up or Wurat.—The Napa Reporter says, beside the destruction done by the recent flood to our town, we hear of the washing away of the seed from many acres-of wheat, in the upper end of Napa Valley. Damage to some extent was also done to Thompson’s Suscol Nursery, and some of, the vineyards and nurseries up the valley, have had the top soil washed from around the roots of the trees and vines. Several miles of fénce also.changed its location. Tar Wittows.—This beautiful place of re») wheat by flood will not exceed 1,500 tans! sort, in the vicinity of San Francisco, has been inundated by the late floods. diately put in nepair. Dexos LAKB has been nominated by the Regenionns of, San Francisco to fill the seat in the Assembly made vacant by the resignation of Mr. Otis. Tut Foop or 1828.—We give in our columns to-day several extracts from State exchanges, in relation to the late floods, and the statements of old resideats con. cerning # former great overflow in this State. An aged Mexican, at Stockton, says that in 1826 the water was fifteen feet deep . where that city now stands, and thirty feet . deep on the site of Sacramento, The Mexican may have stated what he believed to be true, bat be is andoubtedly mistaken as . to the year, and bas greatly exaggerated . the height of the water. From some infor mation which we obtained as long ago as 1849, we are led to believe that a deluge, nearly as great as that recorded in Scrip ture, occurred on this coast in Febuary, 1828. This is probably the great flood re ferred to by Gen. Vallejo, as having occarred in 1827, Our informant was one of a party of trappers who were encamped on ibe American river at the time or the overflow. After the water had subsided, they went down to the Sacramento, near where the city now stands, and examined the! water marks on the trees, and from mea. suremente which they made they ascertain. ed that the water had risen from sixteen to eighteen feet above the banks, There was) a great overflow in Oregon the same winter, . and the Williamette was higher than it bad . been at any time since Joho Jacob Astor’s . party settled at Astoria, Cuantusron Hatton “Seatep.’’—Eastero . papers, redeived by steamer, give the particulars of the sealing up of Charleston harbor. The “stone fleet’’ arrived off Charleston op the 19th of December, and during that day and the next eighteen old whalers were sunk io such a position along the . bar that it will be impossible for a vessel of any size to enter the harbor. The bulks luy in all possible attitudes, some of them being dismantled before, scuttling,and others went down with their spars standing. The Government had fitted out twenty-five vessels to be sunk on the southern coast, and it is probable the other seven were intended to stop some of the rat-boles, in order to make the blockade more effective. The harbor of Charleston is uadoabtedly closed forever, and the city which inaugurated . the rebellion will now go to decay. CoNnGRESSIONAL Districts.—Mr, Shurtliff has introduced a bill into the Senate cividing . the State into Congressional districts, and providing that Congressmen shall be elected at the . general election in 1862, and every two years thereafter. The bill has been referred to the, . consequence , } unusual a Re EL DISTRICT COURT DECISION. Stare or Catavorsia, County or Neva A—District Court oF THe 141a JupiciaL. Disraicr. M. F. Hoit et al., composing the Shawmut Co., vs. James Ryan et al., composing the Tennessee Co. This cause was ori nally tried before my perdecessor, Hon. Niles Searls, who ve jodgment for pl'ffs. in the sum of #$810-100 against all the def’ts, except John Ryan, and, afterwards, granted pl'ffs. a new trial as . to the said Ryan, upon the ground that his answer did not deny the making, or delivery, of the notes suedon. ‘The answer was subsequently amended, and the only issue now pending is between pl’ffs. and def’t. John Ryan. — The defense set up of a former recovery in Justices Court was fully determined at the first hearing, and the findings of the Court at that time, on this point are hereby adopted. This action is brought upon four promissory notes, and cotnsel in plaintiffs contends that defendants’ answer, as amended, still’ fails to deny theit execution, or nie on The testimony of the witnesses introduced by defendant —provided the same was properly admitted— shows conclusively that neither of the notes was made or delivered by the defendant John Ryan; and indeed, as plaintiffs offered no proof of the executioti of the notes, the defendant is entitled to judgment upon the pleadings, provided his answer denies that fact. The only question in the tase, then, is, Does the answer of defendant deny the making and delivery of the notes, or either of them, set forth in the complaint? (The amount due upon the notes is $810 33-100; and def’t. admits that they were in the possession of plffs. at the com. mencement of the action.) The complaint, which is verefied, contains four counts, each setting forth a promissory . note alleged to have been made and delivered by the defendants under the firm name of the ‘Tennessee Company; and the answer contains quite a number of denials to each separate count of the complaint. The denials of the first and second counts are, in substance, the same, and may be considered together. These denials are all in bad form, and most of them are fatally defective; so that it is very difficult to tell whether the answer raises any material issue. It denies that ‘ton the day alleged” the defendant made the note—but the time is immaterial; that defendant “became liable to pay the same”—which is only a legal that he ever “undertook and promised in manner and form &e.,” which is . the old general issue in assumpsit, and isa nullity; and that defendant was a member of the firm in whose name the notes were given— but this, according to the doctrine of Whitewell vs. Thomas 9 Cal., is not material, beeause the making of the note, and not the partnership, is the material averment. There are also several other denials which apparently seek to . traverse the making of the notes, but fail to do 0. The defendant, however, does allege in his answer that the “writing obligatory” mentioned ip the said count of the said lormlaies was not made, executed, and delivered, by this defendant. ‘This, of course, would be a full denial, if the instrument referred to had been given its right et er sng g note,” instead of the ypellation of “writing obligatory;” but counsel for plaintiff contends that the latter expression means, in legal language, a bond, and that, as no “bond” is mentioned in the complaint, this part of the answer is simply a denial of something that is not alleged, and therefore a nullity, The words “writing obligatory,” in their most technical sense, import a sealed instrument, but they have also a wider signification. They were formerly—and still are—usually employed to designate a bond; It will be immeCommittee on Federal Relations. The appor-. pyt the term also signifies any instrument by tionment is as follows : which a eontract i witnessed. In its more First District —San Diego, San Bernardino, . enlarged sense I think the expression includes Los Angeles, Santa Barbara, San Luis Obispo, . every written mMstrument containing a promise Buena Vista, Tulare, Monterey, Santa Clara, that may be enforced at law. In which of its Santa Cruz, San Mateo, San Francisco, Ala. ignifications then should it be taken as used meda, Contra Costa. Population, 127,049. . by defendant in his answer? I am aware of * Second District.—Fresno, Mariposa, Merced, *he maxim that everything must be taken most Stanislaus, Tuolumne, Mono, Calaveras, San . Strongly against the party pleading; but it is Joaquin, Amador, Sacramento, El Dorado, . also a rule that the language of a pleading Placer. Population, 125,114. ; mast have a reasonable intendment and conThird District.—Marin, Sonoma, Mendocino, . 8tfuction, and that when an expression is capaNapa, Lake, Solano, Yolo, Sutter, Yuba, . ble of different meanings, that shall be taken Nevada, Sierra, Plumas, Butte, Colusa, Teha. Which will support. the pleading, rather than ma, Shasta, Trinit . Humboldt, Klamath, Del . that which would defeat it. The intention of Norte, Siskiyou. Population, 127,850. a party should be looked to in the construction shia sahaeduiad sessilis atelceaanchel of a an well as re the construction of iF ; sGON.< any other instrament; and when a word is susTur FLoop In OreGon.—The Vancouver . ceptible of two meanings, one of which makes Telegraph, of December 27th, says: The the pleading rational, and the other nonsensiwaters of the Columbia and Willamette . pea ne San Ne > —— when the 5 on is whether words should be underhave receded and gone down to their usual . stood in a eomprehensive or restricted oraae, mark at this season of the year. The ac . the presumption is in fayor of th é counts ofthe damage done by the high, prac acon In the easekt sa ie eaieon te waters on the coast will reach us, and it . nies that defendant executed, &c., the writing will yet be some time before all the dreadobligatory mentioned in the complaint; and as ful results can be calculated. Much dam-. the promissory note is the only thing in the age was done the grazing lands on the low. shape of a “writing” that is mentioned at all er Columbia, and should the snow of this . the complaint, and as the term “writing winter lie on the ground any length of time . obligatory” in its most enlarged sense (although ; ; ? . certainly no¢ in the sense usually given to it eh teng quantity of stock will undoubtedly by pleaders) includes seihlennty noes, T 4 the —_ must be taken as referring to —_--->-; the notes and net to an imaginary “bond.” Tae Frencu Nationa Dest.—Phe rapid . This construction gives a rational eo to increase of the public debt of France during . tte words rr] . she in the pleading, which oth= , erwise would have no meaning at all. That peace has been beyond all precedent. In this was the intention of the dulndiad may ns 1815, after the close of the Napoleonic wars, . gleaned from the other portions of the answer, the whole debt of France only amounted tu . — 1 og that he was (vying to deny that he raphe . had made the notes, although the attempt w: $253,230,540, In 851 it bad increased to . not successful. ‘ ' scans $1,069,127,460, and in 1858, according to! ,, n° denials of the two last counts are the pe ‘ : ame as the two first, except that they deny the latest reliable return to which we have the making and delivery of the writing fh pe access, it had: mounted up to $1,884,783,255, Junctive instead of the disjunctive. There is 3 mm. yp yale indeed there is in the denials Tue Privarnee Suwren.—The & +, . Of the first two counts—in which it is alleged Ranch : : T 6 st. Lous that the wnting obligatory is not the act and ispatch to the Peopie’s Associated Press, . deed of the defendent. It is not necessary to dated January 20th.says: “Advices from decide a a denial that a promissory note

A ? ; isa party’s ac P ‘ i Europe inform us that the privateer Sumter . Le ffir oct a agnee sd ryder a was sunk off the harbor of Cadiz, just after not make it, or whether any probable meaning whatever can be attached’ to the expression leaving that port, by an American armed . steamer, used in such connection, as I think the delivery . of the notes is denied in the conjunctive clause above referred to. When a party denies that he made and delivered an instrument, I should be inclined to hold that neither the making nor elivery was put in is-ue, if it were not for the case of Blankman ys, Vallejo, 15 Cal., in which it is held that such a denial admits the making but denies the delivery. It is contended by counsel for plaintiffs that their possession of the notes is sufficient proof of their delivery; but the possession is only prima facie evidence of delivery, and is rebutted by the testimony of James Ryan and. Madden, which fully shows that the notes.were neither. made nor. Guaty.-The Farmer thinks that the loos of or about 30,000 sacks, but if it reach fifty . thousand or even one hundred thousand sacks there willbe left in. the State not far . from three hundred thousand sacks beyond @ fair supply to carry us through the next harvest! livered. by defendant, but were made and delivered by a company of which he was not a merhber, an . 4 ST. PATRICK'S BALL, i t his knowledge or consent. wee the ae views I contltide there-. A at as a matter of oat that oy — “4 = . : ies th ing and delivery of the fendant denies the making ee ede! t forth in the two ; : . potas and denies the delivery of the notes . On Monday Evening,’ March 17th, and as a matTICKETS, FIVE DOLDARs, set forth in the two last counts; ar ae ter of fact, deduced from the papas at} Supper at Withington’s Hall, rst two notes were not made or delivered, ae, he last two were fiot delivered by defendt. Tt follows, therefore, that the defendant, John . Ryan, should have judgment for his costs of suit against plaintifis; and the Clerk will enter judgment accordingly. Done in open court A. Dig 1862. TO BE GIVEN AT TEMPERANCE HAL, In the City of Nevada, MUsic BY Piumuorr & SCHMIPTSCHNEIDER The public are respectfully invited to attend, NICHOLAS FLYNN den. 6, 1002, tran gla NN, this 1st day of Jannary,, BROAD STREET DRUG STORE, T. B. McFaRLAND, } District Judge. Lake County.—A correspondent of the Sacramento Union, writing from Upper . Ciear Lake recently, says: Like nearly every other part of the State, Lake county, in some of her parts, has also suffered severely. The present snow storm will bring the lake all over the entire Lake country. We have already the water three feet higher . than any of the earliest inhabitants have ever) seen it. There is no one but a very old, grayhaired (Bushika) Indian who has ever seen the lake as high as it nowis. That there is some-. thing still severer to come we can see, as the Indians are moving on to very high ridges. The . greater portion of valuable farms is entirely in. undated with the back water from the lake, . which is stil] on the rise, and may not go down . for the next three or four months; so there will . be but tittle chance left to our farmers for rais. ing much of a crop this season. NO. 57 BROAD CORNER PINE St., Nevada. _ & Broad Sts, aa@FRESH -@4 Garden and Field Seeds! GROWTH OF 1861, JUST RECEIVED, AND FOR SALE BY C. M. BATES, SEVERAL cases of small pox, of a mild type, . AT THB BROAD STREET DRUG stone. have made their appearance at Suisun. . MARRIED. In this city on the 29th inst., at the residence of . the bride, by Rev. B. Brierly, G, E. Wituincton and ; Annin E, Sanps, both of Nevada. . We acknowledge the receipt of cake and wine, for . which the newly married couple will please accept . our thanks, wishing them along, happy and prosHAY FOR SALE! perous journey through life. “. At No, 20 Broad Street, Nevada. BIRTHS. In this city, om the 30th ult., to the wife of W. S, McRoberts, a daughter. In this city, on the 30th ult., to the wife ofT. W. Sigourney, a daughter, In this city, on the 30th ult., to the wife of T. T. Davenport, a son. VALENTINES DAY, FEB. 14, 1862. Nevada, Jan. 30, 1862A. SANFORD. . . PIONEER SASH FACTORY. CAYOTE STREET, NEVADA. ‘Seeond Door above the Gas Works.) VALESTINES, AVING PURCHASED THE ABOVE establishment of 8S. R. Perry, I would inform the VALENTINES, . citizens of Nevada and vicinity that I intend to keep: . On hand a stock of all kinds of VALENTINES, . Sash, Doors, Blinds, Mouldings, &c. VALENTINES. . Glazing and Carpenter Work done at short notice ami on reasonable terms. B. E. HOAGLAND. Notwithstanding the Great Storm, Just Received, a Large Lot of PLAIN AND FANCY VALENTINESE!: . SUITED TO ANY AND EVERY THE PRICE OF DRUGS & MEDICINES, STATION IN LIFE, AT THE HAS NOT BEEN ADVANCED Broad Street Bouk Store, by A. P. CHURCH & CO, Kerosene Lamps at $1,25 & Upwards! . A FINE ASSORTMENT JUST RECEIVED, 4LSO, THE VERY BEST Quality of Dorner Kerosene For Sale. W. H, CRAWFORD & CO., aa Main st., Opposite the Express Offices. —@@ OWNER WANTED. . A BUNCH OF FRUIT TREES, breught up from Eliza and let® at the store of Weaver & Newman, The owner can have them by calling at the store and paying charges. keb, 1, 1862. LIST OF LETTERS. J pep merit IN 1HE POST-OFFICE t Nevada City, California FEBRUARY 1st, 1862. Published officially in the Navana Democrat, having the targest circulation of any paper published in the county. LADIES’ Miss Rose Hay, Mrs. Martha P, Days, GENTLEMEN’S LIST. Abalos Dr T Mullen Themas Acors Jacob MeMurry J R(2) LIST. Miss Bridget Vlarity, . Gregory Clark Gray Morris Baily Robt Hamilton Wm H Orndoff Wilfam . Beal William Harrison John Pearce Orin A . Belcher Danforth Harris Dr Pollard Chas J . Benton RS Hatch Wesley Pryor Geo W Cavran H G Helmings MarthinRatlitt John W Carpenter Rich’d Hollister Wm 8 Carlisle Wm L Hopkins Wm L Carroll Denis Hooker Van B Clark JQ A Huff Wiliam Coe Gilbert Johnson BG G Cooley Charles Kilmer H C Cox Elias Green Korwin Isaac Cranston Wm Lindsey Richard Riley James Rigondet M Ritihot Moyse Shorda John Shultz J Sherdon Frank Snell Albert (2) Skillman V P Days M P Lynn James Z Taft Chas J Davis Gardner Luther James 0 Tolles John W } Denler 'T Mackey James WhiteMC ~* . Doliver Edward MervinJean Bapt Wilson P } Dollar RH Madison Merrill Woods G W . Faton Thomas Markhoom HE Woodhouse John Eaton Chas F Merriman Timoth Woedin H EF Enoron Wm Mean Thomas Williamson Levi Evans Jas P Franklin Ben) Frock Isaae 8 Gilman Edwin Mohr John Moor William Maints Liberty Mills Edward FOREIGN LETTERS. Mons, A. Ls. Bomotah, Sor, Fredrich Geche, Giobata Machavetto, Wiseman Lemuel Williams Johnson Wilber Hollis Sig. Giaccomo Glocchime, . Francisco Gulliardo, Mr. Aubert, will please say *‘ADVERTISED,”’ E. F. BEAN, P. . one hundred dollars of assessed value. “ : . to extra charges as per Ordinance made aad . Ag Persons calling for apy of the above letters . ded. ne AT SPENCE’S DRUG STORE, Jan, 24, 1862. No. 47 Broad street. BRIDGE BUILDING. RICE, Q. Bridge Builder, Millwright, AND DESIGNER. ” .o ABOUT TO ERECT BRIDges, Quartz Milk and! like structures, willide well to give me a caléand enamine my designs. Having made arrangements with oneef the most reliable Patent Attorneys im Washington City I'also MAIN ST., NEVADA: . will attend to the Making of Drawings, Specifications, AND PROCURING PATENT RIGHTS. Orrice—On Maimstseet, Opposite Mayer & Coe’s Boot & Shoe Store—up stairs, Nevada City, Jan. 14, 1862. THE UNION SALOON. NO. 46 PINE STREET, NEVADA CITY. OHN GRIMES WOULD INFORM HIS many friends, and the public at large, that he keeps his Saloon supplied with The Finest Liquors, Cigars, &c. Pevsons wishing to indulge in a ‘light summer . drink”? or take something ‘straight’? can be accom . modated by calling at the UNION, Nevada, Dec. 5, 1861. CITY TAXES. Crry Mansnar’s Orrice, . Nevada, January 16, 1862. } Nv IS HEREBY GIVEN THAT by virtue of an Ordinance enacted by the Trus1862, a tax property — tees of the City of Nevada, January 7th, was levied upon all assessed and taxable . within the city limits, of seventy cents upon ech Said taxes are now due and payable, and from and after this date, I will be found at my office in Flagg’s he im building, over Harrington’s Saloon, from 10 o’cloe ‘ A. M. to 4 o'clock P. M., of each day for the puryos ' of receiving the same. Property holders are further . notified that the ordinance in regard to t he coliection roperty om All prol "Ss adver~ ubject yrovin U. 8 GREGORY, Marshal and Ex-officio Tax Collects. Jan. 16, 1962. of taxes will be strictly enforced. which taxes shall remain due and unpaic Third Monday of February, a. p, 1862, will be tised according to law as delinquent, and be *