:: ■' ;v: U iW: ■ : : , •' :■ ■■■ J;;jf'"*'/>i■';i;?f DATE DUE HIGHSMITH 45-220 EMORY UNIVERSITY iliillflilliiitll 11211788 A DIGEST OF THE STATUTE LAWS OF THE STATE OF GEORGIA, IN FORCE PRIOR TO THE SESSION OF THE GENEEi^gSEMBLY OF 1851, WITH EXPLANATORY' NOTE'S AND REFERENCES; i \ *■■■ ; \ -■ .. AND ALSO, ^ * v <» , . ' - . r' WITH NOTES, GIVING THE EXPOSITION OE THE STATUTES, BY THE SUPREME COURT OE THE STATE; TOGETHER WITH AN APPENDIX, CONTAINING THE CONSTITUTION OF THE UNITED STATES; THE CONSTITUTION OF THE STATE OF GEORGIA; THE STATUTE OF FRAUDS AND PERJURIES; THE HABEAS CORPUS ACT ; THE JUDICIARY ACT OF 1199; and THE LOCAL LAWS APPLICABLE TO EACH COUNTY. COMPILED AND PUBLISHED UNDER THE AUTHORITY OF THE GENERAL ASSEMBLY, BY THOMAS R R COBB. ATHENS, OA. PUBLISHED BY CHRISTY; KELSEA & BURKE, 1851, Entered according to the Act of Congress, in the year 2851, by THOMAS R. R. COBB, in the Clerk's Office of the District Court for the Northern District of Georgia. Power Press of Christy, Keleea & Burke,—Athens, PREFACE. The Compiler presents to the people of Georgia a Digest of their own Statute Laws—published and borpM within the limits of their own State. The fact that this is the first effort to publish such a book at home, will be a suf¬ ficient apology for such typographical defects as may attract the attention of the practised eye. Injustice to himself and the Printer, he must remark that the punctuation and structure of sentences are given as found. Obvi¬ ous errors are sometimes corrected in brackets; but many have been noticed of such a character as would render such a correction improper—in some cases impossible. For the more important and less easily remedied defects in the work itself, which the scrutinizing and laborious investigation of able counsel may make manifest, (and such there doubtless are,) the Compiler can render no plea save that which the justice and charity of every mind would suggest, that perfect accuracy in digesting the mass of Legislation which our Acts of the General Assembly present, is an object diligently to be sought, but scarcely hoped to be attained. In the thousand cases of doubt which have arisen, it has been thought best rather to err in inserting doubtful law, than in omit¬ ting what may be law, leavingit to the properly constituted tribunal finally to decide the question. The Compiler congratulates himself and the people that such a tribunal now exists—and that he has the good fortune now to give in his work—that, the necessity of which his predecessor (Mr. Prince) lamented without being able to supply—its authoritative construction of our Statutes. In the preparation of this work, he was, to some extent, pledged to the Legislature to follow the arrangement and plan of Mr. Prince. He has done so, in some instances against his owii sense of propriety. In all cases he has retained the two prominent characteristics of that plan—the alphabetical arrangement of the titles, and the chronological order of the Statutes. He has been forced, however, from the great increase in the volume of our Stat¬ utes, to adopt, under many titles, a system of subdivisions, and thus, in sep¬ arate Articles, to collect the legislation more immediately having reference to the same subject matter. For instance, when, in 1820, Mr. Prince adopt¬ ed "Judiciary" as a title, the Act of 1799, with a few amendments, made that title compact and of easy reference. In 1837, Mr. Prince's second edi¬ tion, giving the additional amendments to the Act of 1799, rendered the title rather an involved one, and the reference more difficult. To have retained all the legislation on that subject under the general title, in this work, without subdivision, would have made the "Judiciary" a Cretan labyrinth to the young IV PREFACE. lawyer, or the more unskilled officer. The same may be said of other titles. The system of subdivision into Articles, removes this difficulty. In carry¬ ing it out, the Compiler has avoided, as far as possible, the dividing or cut¬ ting up of Statutes. In the case of the Judiciary Act of 1799, this was im¬ possible. He has sought to remedy this difficulty by inserting that Act in full in the "Appendix," (page 1135.) Another feature in the plan of the work, requires a passing notice. Such Statutes as are omitted from the text, as obsolete, repealed or superseded, are referred to at the end of each title, and the place where they may be found—thus giving at one view all the legislation on the subject, as well that not in force, as that of force. The Compiler asks from the profession and the public, a patient examina¬ tion of his work—sufficient to see clearly his plan and the execution of it. If after that is done, their judgment condemns, he will not appeal from the verdict. His thanks are due and tendered to the many friends whose generous and liberal counsel and aid, have tended to lighten his labors. Athens, June 24, 1851. Athens, Oct. 15th, 1850. To his Excellency Geo. W. Towns: Sir,—Pursuant to Executive appointment, we have examined the Digest of the Statutes of Georgia, now being prepared by Thomas R. R. Cobb, Esq. In discharging this duty we have carefully looked over the digests and compilations of our Statutes, from the settlement of the Colony to the year eighteen hundred and thirty-seven, and the pamphlets of the laws from that year to the present. We have omitted all laws which, in our judgment, are obsolete, superseded or repealed, but where doubts exist whether a Statute is of force, it has been retained. And we think, we can safely say that there is no Statute of Georgia of general operation, now of force, which will not be found in the Digest. The plan and arrangement of the work is simple, plain and intelligible, presenting all laws under appropriate heads, so as to make them readily ac¬ cessible almost without the aid of an index. And the whole execution of the work bears abundant testimony to the accuracy, ability and carefulness of the Compiler. In recommending it to your Excellency, we hazard nothing, we think, in saying that it will more than realize the expectations of your Excellency, the Legislature, and the People. (Signed,) Francis H. Cone, 4 Junius Hillyer, > Committee. Edmund H. Worrill, ) TITLES AND SUBDIVISIONS. ACADEMIES AND FREE SCHOOLS,. 1 AFFIRMATION, 8 AGRICULTURE AND COMMERCE. Art. I. Agricultural Board, 9 '' II. Beef, Pork, Naval Stores, &c i® " III. Boats and Crews, ^ " IV. Cattle, 17 " V. Cotton Seed,... ^8 " VI. Fences, 18 " VII. Flour, 19 " VIII. Indigo Weed, 2^ " IX. Lumber, 22 " X. Millers, 25 " XI. Rice Dams 2^ " XII. Seamen and Mariners, 39 " XIII. Shipping and Pilotage, 33 " XIV. Tobacco, 53 " XV. Turpentine Business, " XVI. Weights and Measures, ATTACHMENT AND -GARNISHMENTS, 69 ATTORNEYS, 89 AUCTIONS, 92 BANKS' AND BANKING. Art. I. General Laws,. 97 " II. Central Bank, ^23 " III. Private Corporations, '*7 BASTARDY, *48 BOUNDARY, 150 CESSIONS TO THE UNITED STATES,. • 153 COAST SURVEY, 155 COINS AND CURRENCY, 157 CONVEYANCES AND REGISTRY,.... 158 COUNTIES,. 182 COUNTY FUNDS AND RECORDS, 190 COUNTY OFFICERS, 197 DEAF AND DUMB, 219 DIVOR-CES ' .. 223 DOWER...... . .227 VI TABLE OF TITLES AND SUBDIVISIONS. ELECTIONS, 232 ESCHEATS, ....249 ESTRAYS, 256 EVIDENCE. Art. I. Interrogatories and Testimony de bene esse, 264 " II. Records, and Documentary and Written Evidence 270 " III. Witnesses and Oral Evidence, 276 EXECUTORS AND ADMINISTRATORS, COURTS OP ORDINARY, POOR, MARRIAGE LICENSES, &c. Art. I. Courts of Ordinary, 281 " II. Distribution of Estates, 287 " III. Executors, Administrators and Guardians'Duties, 299 " IV. Idiots and Lunatics, 342 " V. Poor Laws, 346 VI. Wills, 347 FEES, 349 FOREIGNERS, 364 HEALTH AND QUARANTINE LAWS, ....369 INDIANS, ..377 INSOLVENT DEBTORS, 379 INTEREST, 392 INTERNAL TRANSPORTATION. Art. I. Railroads, 1. General Laws, 395 2. State Road, 400 3. Private Corporations, 423 Art. II. Steamboat and Canal Companies, 1. General Laws, 426 2. Private Corporations, 430 Art. III. Turnpike and Plank Road Companies. 1. General Laws, 431 2. Private Corporations, 434 JOINT STOCK COMPANIES. Art. I. General Laws, 436 " II. Private Corporations. 1. Insurance and Trust Companies, 441 2. Land and Lumber " 441 3. Manufacturing " 4. Mining, " 443 5. Steam Mill " 443 6. Miscellaneous, 443 JUDICIARY. COURTS OF GENERAL JURISDICTION, SUPREME COURT FOR THE CORRECTION OF ERRORS,... .446 SUPERIOR AND INFERIOR COURTS. Art. I. Judges, Sessions and Adjournments, " II. Jurisdiction. 1. Common Law, TABLE OF TITLES AND SUBDIVISIONS. vn 2. Equity and Equity Practice, 467 Art. III. Action. 1. Commencement, Abatement and Dismissal—Sci. fa. to make parties, .470 2. Bail in Civil Cases, 477 3. Parties, .483 4. Pleadings and Proceedings pending Action and herein of Amend¬ ment, Arbitration, Set-olf, &c 485 5. Verdict, Judgment, Stay of Execution and Appeal, 493 6. New Trials, - 503 7. Costs in Civil Cases, 504 8. Execution, Illegality, Sale and Writ of Possession, 508 Art. IV. Bills of Exchange, Notes, &c 519 " V. Certiorari, Injunction and Ne Exeat, 523 " VI. Citizenship and Residence, 530 " VII. Claims and Forthcomimg Bonds, 531 " VIII. Computation of Time, 536 " IX. Coroners and Inquests, 536 " X. Corporations, - 540 " XI. Habeas Corpus, 543 " XII. Joint Tenants, 545 " XIII. Juries, 545 " XIV. Liens, 554 " XV. Limitation of Actions, 559 " XVI. Mortgages, Foreclosure, &c 570 " XVII. Officers of Court, 573 " XVIII. Partition, 581 " XIX. Partners and Partnerships, 584 " XX. Possessory Warrants, &c 590 " XXI. Sureties and Endorsers, 592 " XXII. Usury, 600 COURTS OF SPECIAL JURISDICTION. Art. I. City Court of Augusta, 602 " II. City Court of Savannah, 617 " III. City Court of Darien, ^ 634 " IV. Police Court of Savannah, 636 JUSTICES OF THE PEACE, * 637 LAND. Art. I. Ancient Grants, 655 " II. Errors in Grants, 656 " III. Head Rights, Land Courts, &c 660 " IV. Lotteries, Reverted Lots, Reserves, 681 " V. Processioning, 716 LAWS, (Compilation and Revival of,) 719 LOTTERIES AND GAMING, 725 LUNATIC ASYLUM, 729 MAGNETIC TELEGRAPH, 735 MILITIA, 736 ™ TABLE OF TITLES AND SUBDIVISIONS. PEDDLERS, 773 PENAL LAWS. Art. I. The Code and Amendments, 778 f£ II. Offences not embraced in the Code. 1. Burying Grounds, 846 2. Change Bills, 847 3. Deadly Weapons, 848 4. Fraudulent Leries, 5. Gunpowder Packages, 850 6. Interference with Rail Roads, ..850 7. Interference with Religious Worship, 851 8. Vagrants, 852 9. Vice and Immorality. 853 Art. III. Acts Relative to Criminal Proceedings not embraced in the Code 855 PENITENTIARY, .*866 PHYSICIANS, .886 PUBLIC DEBT, .893 RELIGIOUS SOCIETIES, 899 RENT, 900 RIVERS. Art. I. Generally, ^ 903 " II. Savannah and Tributaries, 905 " III. Ogeechee and Tributaries, 916 " IV. Altamaha and Tributaries, 921 " V. Chattahoochee, Flint, &c 931 " VI. Coosa and Tributaries, 938 " VII. Big Satilla, 941 " VIII. Notify, 942 ROADS, BRIDGES AND FERRIES, 943 SEAL OF GEORGIA, 959 SERVANTS NOT SLAVES, --961 SLAVES, PATROLS AND FREE PERSONS OF COLOR, 964 STATE OFFICERS, 1022 TAVERN AND RETAIL LICENSES, 1037 TAX, 1040 UNIVERSITY AND COLLEGES,......."!"."**.".".... 1082 APPENDIX. I. CONSTITUTION OF TPIE UNITED STATES, 1097 II. CONSTITUTION OF GEORGIA, 1111 III. STATUTE OF FRAUDS, 1127 IV. HABEAS CORPUS ACT, - U31 V. JUDICIARY ACT OF 1799, 1135 VI. LOCAL LAWS H44 DIGEST OF THE LAWS OF THE STATE OF GEORGIA. ACADEMIES AND FREE SCHOOLS.8 Sec, 1. Property exempt from Taxation,. " 2. Withholding Academy Funds. " 3. Defaulting Commissioners. " 4. Surplus County Funds. " 5. Teachers' Accounts. " 6. Supervision of Grand Jury. " 7. Common School Fund. " 8. Poor School Tax. Sec. 9. Duty of Inferior Court. " 10. Education Fund. " 11. Annual Distribution. " 12. Previous Accounts. " 13. Judges to charge. " 14. Notice of Receipt. " 15. Ages of Beneficiaries. " 16. Counties not making returns. An Act to exempt from Taxation the Real Estate belonging to the Academies of this State.—Passed 18th Dec. 1820. Vol. IV. 5. Sec. I. From and immediately after the passing of this Act, all Reaiestate the real estate belonging to, or attached to the different Academies of this State, shall be exempt from taxation, together with all such from taxa* Academies as may hereafter be established—any law or usage to thetlon' contrary notwithstanding. An Act to amend an Act entitled an Act to point out the mode under which property reverting to this State shall be disposed of and for the promotion of Literature, and for the encouragement of the County Academies.f—Passed Dec. 21, 1820. Yol. IY. 246.—[Ob¬ solete.] *For Act declaring valid certain deeds made by Commissioners of Academies, see " Conveyances and Registry," sec. 4-1. fThe compiler -would note that he has omitted the Acts of 1792, and 8th Dec. 1810, authorizing the Commissioners of the several Academies to purchase one thousand pounds value of confiscated property, as being no longer of practical use or importance, lie has also omitted the various Acts appropriating money, and the Act of 1808, reserv¬ ing Lots Nos. 10 and 100 in each Dist. in certain Counties, for the education of the Poor, conceiving that the following statement of the present condition of the Poor School Fund, derived from the Executive Office, would be more satisfactory and useful. The only Poor School fund now subject to distribution by the State, is the fund rais¬ ed by the Act of 1843. (See sect. 3 of that Act.) ALL the fund is now distributed in proportion to the number of poor children returned, as provided in that Act. In 1848, sixty-six Counties made returns—number of children, 23,106 ; fund to be distributed, $20,041 00. In 1849, seventy-nine Counties made returns—number of children, 30,- 862 ; fund to be distributed, $19,278 15. 1 ACADEMIES AND FREE SCHOOLS.—1821-'25. Poor School Puncl.—Penalty on Defaulters. An Act for the permanent endowment of County Academics, and to increase the funds heretofore set apart for the encouragement and. support of Free Schools, and for the internal improvement of the State.—Passed Dec. 21, 1821. Yol. IV. 9.—[Obsolete.] An Act to dispose of and distribute the Bank Dividends and other net proceeds of the Poor School Fund among the different Coun¬ ties of this State.—Passed Dec. 23, 1822. Vol. IV. 11.—[Obso¬ lete.] An Act to distribute certain funds among the several Counties in the State, for the use of Academies, and to provide a method of ob¬ taining further information concerning endoivments heretofore granted. [1]—Passed Dec. 23, 1822. Vol. IV. 2.—[Obsolete.] An Act to be entitled an Act to alter and amend an Act passed the twenty-third day of December, eighteen hundred and twenty-two, to distribute the Bank Dividend and other net proceeds of the Poor School Fund among the different Counties in this State.— Passed Dec. 22, 1823. Vol. IV. 14.—[Obsolete.] An Act to compel persons holding Academy funds in their hands, to pay interest in certain cases.—Passed Dec. 20, 1824. Vol. IV. 22. 2. Sec. I. All and every person or persons, who now has, or withhold- hereafter may have, in his or their hands, any money belonging to ["s academies, other than the trustees of said academies, or persons en- u? pa^Va titled by law to have the same, which has arisen from the sales of per cent, confiscated property or otherwise, shall pay at and after rate of twen- pcr annum ± r J J i J per cent, per annum, until they shall have settled and paid the same to the trustees of academies, or other persons entitled by law to have and receive the same. 3. Sec, II. Any person or persons, whether trustees, commission- u „ ers,# or agents of any academy in this State, who shall refuse, when vuITJlO ()l . * Oommis- required by a majority of the trustees or commissioners of said acad- sioners, emy, to pay over to the treasurer or other person appointed by said commissioners or trustees as aforesaid, within ten days after demand¬ ed, all sums belonging to said academies in their hands, shall be li¬ able to pay the same interest, until paid, as persons in the first sec¬ tion of this Act subjected to, for holding funds, unaccounted for, any law to the contrary notwithstanding. An Act to authorize the Justices of the Inferior Court of the differ¬ ent Counties in this State, in certain cases to draw for emd dis¬ pose of the Dividends of the Poor School Fund to which their Counties may be respectively entitled.—Passed June 11, 1825. Vol. IV. 31.—[Superseded by Act of 1843.] *For mode of appointment of Commissioners, see " County Officers," sec. 26. [3.] Incorporated Academics are private corporations, although supported in part by State. 3 Kdly, 333. ACADEMIES AND FREE SCHOOLS.—1827-'33. 3 Surplus County Funds—Teachers' Accounts. An Act for the relief of the several Counties in this State, in which the Commissioners of the Poor School Fund shall have failed to make their returns in conformity with the law.—Passed Dec. 21, 1827. Vol. IV. 43.—[Superseded by Act of 1843.] An Act to he entitled An Act for the better distribution and applica¬ tion of the Poor S :hool Fund, and to point out the mode of ac¬ counting for the disbursement of the Academy and Poor School Funds*.—Passed Dec. 22, 1828. Vol. IV. 49.—[Superseded by Act of 1843. except section 10.] Inferior 4. Sec. X. The Justices of the Inferior Courts throughout this State shall have power to order an appropriation of any part or por- surplus tion of the surplus County Funds in aid of the provisions now, or which may hereafter be made, for the benefit of County Academies, academies or the education of poor children. children All laws militating against this Act are hereby repealed. iteneuiinrj An Act more effectually to define the duty of the Trustees of the Poor School Fund, in the respective Counties of this State.— Passed Dec. 22, 1829. Vol. IV. 56.—[Superseded by Act of 1843.] An Act to provide for the more equal distribution of the Academic Fund among the several Counties of this, State.— -Passed Dec. 24, 1832. Pain. 20.—[Superseded by Act of 1843..] Ail Act to amend an Art entitled an Act to distribute certain funds among the several Counties in this State, for the■ use of Acade¬ mics, and to provide a more equitable method for the distribution of said funds.—Passed Dec. 23, 1833. Pam. 9.—[Superseded by subsequent legislation.] An Act to amend an Act entitled an Act for the better distribution of Poor School Funds, and to point out the mode of accounting for the disbursement of the Academy and Poor School Funds, passed 22d December, 1828.—Passed Dec. 23, 1833. Pam. '237. 5. Sec. I. From and after the passage of this Act, the Trustees of the Poor Schools in the several Counties of this State he required Teacher's to reject flic account of any teacher of a poor child or children, un- less the same shall set forth the number of days each child was so the numte; taught, and to require the same to be proven before some Justice of 0I' the Peace, or Justice of the Inferior Court. * Uii'lc? Act of 18 43, distribution is made 1st January each year among; the counties v»irraims have In-.-n ir.aUt. See sec. IV. of that Act. See, also7 note to sec. I. of till: lil'e. 4 ACADEMIES AND FREE SCHOOLS.—1834-'40. Trustees'Accounts—Poor School System. accounts to ^EC' ^ shall be the duty of the Trustees of the" Poor go to Gr'nd School Funds in each County," to submit to the Grand Jury of their Jury. respective Counties, at the fall term of the Superior Court, an ab¬ stract containing the receipts and disbursements of. the moneys drawn by him as;Trustee, which shall be accompanied by the necessary vouchers.* ' Sec. III. All laws militating against this Act are hereby repealed. An Act to amend the several laws of this State on the subject of the Poor School Fund so far as relates to the times of disbursement by the Trustees.—Passed Dec. 20, 1834. Pam. 167.—[Super¬ seded by Act of 1843.] An Act to amend an Act, 'passed the 20th December, 1834, on the subject of the Poor School Fund, so far as relates to the arrears to be paid out of the Poor* School Fund.—This Act passed De¬ cember 26, 1835. Pam. 171.—[Superseded.] An Act to appropriate and set fapart one-third of the surplus fund to be derived to this State from the United States,"as a permanent * Free School and Education Fund, and to authorize the appoint¬ ment of yd Committee to prepare and report a plan of Free Schools, fyc. to the next Legislature^—Approved Dec. 23, 1836. Pam. 138.—[Temporary and superseded.] .. . . An Act to repeal an Act entitled 11 An Act to establish a General System of Education by Common Schools," assented to the 26th *day of December, 1837; also, an Act to amend an Act to estab¬ lish a General System of Education by Common Schools, assent¬ ed to the 29th day of December, 1838; and also to change the Common School Fund in the State of Georgia to a Poor School Fund and to provide for distributing the same.-—Assented to Dec. 10,%1840. Pam. 61. school fund L Sec. I. • Be it enacted, That from and after the passage of changed to this Act, the fund heretofore set apart and now known as a Common poorse* 90 pun(j for the State of Georgia, and such other funds as may be hereafter set apart for teaching tthe poor, shall become and com¬ pose a Poor School Fund for the State of Georgia.—[Remainder of this Act superseded by Act of 1843.] An Act to authorize his Excellency the Governor of the State of Georgia to cause to be paid over to the proper authorities of the several Counties of the State all money due the Academic or Poor School Fund of said Counties, under the Act of 1837, 1838, or any previous Acts.—Assented to Dec. 22, 1840. Pam. 59. [Temporary.] * See Act of 1843, see. 8. f In 1837, an Act -was passed " to establish a Genera I of Education by Com- 'troix Schools," by which the Academic .and Poor Schoo. I •>, - vxe consolidated and made & Common School Fund. In 1838, this'Act vt and in 1840, re¬ pealed. ' ■ - ACADEMIES AND FREE SCHOOLS.—1841-43. 5 Payment of Accounts—Act to provide for the Education of the Poor. An Act to authorize the Commissioners of the Poor School Fund in the several Counties of this State, to pay out of said Fund arrearages due teachers for teaching poor children in the years eighteen hundred and thirty-seven, eighteen hundred and thirty-eight, and eighteen hundred and thirty-nine,-—Assented to Dec. 7, 1841. Pam. 83.—[Temporary.] An Act to amend an Act of this State, assented to the 10th Decem¬ ber, 1840, in relation to Common Schools.—Assented to Dec. 28, 1842. Pam. 54.—[Temporary.] An Act to provide for the Education of the Poor.—Assented to Dec. 27, 1843. Pam. 43. 8. Sec. I. Be it enacted, That from and after the passage of this Act, it shall be lawful for the Justices of the Inferior Courts of thorized to the several Counties in this State, and they are hereby authorized to levy and collect an extra tax in their respective Counties, sufficient, together with such funds as may be received from other sources, to 0n recom- educate the poor children of their respective Counties—Provided, mendation such tax shall not be levied without the recommendation of the jury!"1 Grand Jury of the first Court in each year, and that said fund shall _ o6Dtir&t8 ■be kept separate from all other County funds and used for no other fund, purpose whatsoever. 9. Sec. II. Said Justices of the Inferior Court are hereby au- thorized and empowered to require the Justices of the Peace, or oth-of children er persons in the several militia districts of their respective Counties, anlne.1* 8 to furnish them, at such times as they may require, with a list of such children, between the ages of eight* and sixteen, in their seve- inferior ral districts, as may need total or partial assistance in obtaining their Courts to education; to apportion the funds among them at their discretion, the funds, according to their respective necessities ; to appoint Commissioners Appoint or such other persons as they may deem proper, without compensa- Commis- tion, to superintend the proper application of the fund and the edu- p°s^eaiiand cation of the poor ; and to pass and enforce such rules and regula- rules and tions as they may deem best calculated to promote the objects of this nee|eisar°y!S Act—Provided, the same are not repugnant to the laws of this State. 10. Sec. III. For the purpose of aiding in the education of the Education poor, as herein before provided, seventeen hundred and thirty-three Fund' shares of the capital stock of the Bank of the State of Georgia, Annual j eight hundred and ninety shares of the Bank of Augusta, and all of come to be the available assets of the Central Bank, after the payment of its dlstpbut.ed ' t • to Inferior debts, be and tne same are hereby set apart and appropriated, as a Courts in permanent education fund, the annual income whereof shall be dis- to poofcHi- tributed to the several Counties of this State, and paid to the Jus- dren re- tices of the Inferior Courts thereof rateably, in proportion to theturned' * Six, by Act of 18-50. Sec. 15. 6 ACADEMIES AND FREE SCHOOLS.—1817. Education Fund.—How Disbursed.—Dufios of Inferior Courts as to Education Fund. number of poor children therein, as herein set forth*. And the state Trea-scrip for the bank stock aforesaid shall be delivered to the Treasu- inanage rer of the State, and said stock shall henceforth be under his man- stock. agement and control, for the purposes aforesaid. Inferior x1- S ec. IV. To facilitate the distribution contemplated in the Court tore-preceding section, it shall be the duty of the Justices of the Inferior (Governor Courts of each County to report to his Excellency the Governor, on before 1st or before the first Monday in November of each year, the number Novdthein°^ Poor children in their respective Counties, between the ages of number of eightf and sixteen years, whose parents are unable to educate them, children. tQ ascertainec[ fo foe nmnner pointed out in the second section of ^onEt'1 t"1^s ^ct' an(^ li shall be the duty of his Excellency the Governor January to make the said distribution before the first day of January thereaf- among the ^er_ am0ng the Counties whose Inferior Courts actually make returns comities ' making as aforesaid, before such distribution shall take place. The distribu- retums, tivc share of each County may be paid to any person presenting a Paid to or- certified copy of an order of the Inferior Court authorizing such pay- der of the , inf. Court, ment. 12. Sec. V. The Justices of the Inferior Courts of each County, Previous shall as soon as practicable, ascertain the amount due to teachers of accounts to . ' be paid, poor children in their respective Counties for services rendered in the year 1842 and 1843, in strict compliance with the Act assented to on the 10th December, 1840, regulating that subject, and report the same to his Excellency the Governor, who shall cause the same to How. be paid as soon as practicable out of the proceeds of the sales of public lands that revert to the State, which payments shall be made by the agency of the Justices of the Inferior Courts in the several Counties. The said Justices of the Inferior Courts may in their dis¬ cretion apply the funds received under and by virtue of the third section of this Act, to the extinguishment of any such claims which shall be reimbursed in the manner pointed out in this section. supSCourt • ^EC- VI- I* be ^e duty of the Judges of the Superior to give this Courts of this State, at the first term of the Superior Court of each (Ear"c. County, in each year, to give this Act in charge to the Grand Jury. Sec. VII. [Temporary.] Sec. VIII. All laws and parts of laws heretofore passed, be and the same are hereby repealed, so far as they conflict with the provi¬ sions of this Act. An Act to*be entitled an Act to amend an Act entitled an Act to pro¬ vide for the Education of the Poor.—Approved Dec. 29, 1847. Pam. 248. f^ot're"ef t ^EC* Be H enacted, That the Justices of the Inferior !ifnicCihncL Court of the several Counties be and they are hereby required, with¬ in ten days after they have received their proportionable part of Poor School Fund, to advertise the same at the court house and three oth- * See note to Act of 1820, page 1. See Central Bank, sec. 63. f Six, by Act of 1850, sec. 15. ACADEMIES AND FREE SCHOOLS.—1850. 7 Ages of Children—Defaulting Counties. er public places in their County, that they have received the same for distribution. An Act to amend the second and fourth sections of an Act to pro¬ vide for the Education of the Poor, assented to 27th of December, 1843.—Approved Feb. 14, 1850. Pam. 154. 15. Sec. I. Be it enacted, That from and after the passage of p^cha. this Act, the ages of the children required by the second section of or otherwise, in any cause, civil or criminal, and shall make as perjury, and distinctly repeat a solemn and conscientious declaration and af¬ firmation, according to the form of his profession, in any matter, cause or thing, wherein an oath is required by law, in the following words: " I, A B, do swear, in the presence of Almighty God, as I shall answer at the great and awful day of judgment, that, (as the case may be.) So help me God." And such solemn and conscien¬ tious declaration and affirmation shall be deemed, held, adjudged, and taken to be valid and effectual to all intents, constructions, and pur¬ poses whatsoever, in the same manner as if such person had taken an oath on the holy evangelists of Almighty God. And that all and every such person and persons, as shall be convicted of falsely and corruptly affirming and declaring any matter or thing, which (if the same had been an oath taken on the holy evangelists,) would bylaw amount to wilful and corrupt perjury, shall incur the same penalties, disabilities, and forfeitures, as persons convicted of wilful perjury do incur by the laws of Great Britain. AGRICULTURE AND COMMERCE—Agricul. Board.—1837. 9 Board of Agriculture. AGRICULTURE AND COMMERCE.' ART. I. AGRICULTURAL BOARD. II. BEEF, PORK, STORES, &c. III. BOATS AND CREWS. IV. CATTLE. Y. COTTON SEED. YI. FENCES. VII. FLOUR. YIH. INDIGO WEED. ART. IX. LUMBER. X. MILLERS. XI. RICE DAMS. XH. SEAMEN & MARINERS. XID. SHIPPING & PILOTAGE. XIV. TOBACCO. XV. TURPENTINE BUSINESS. XVI. WEIGHTS & MEASURES. ART. I.—AGRICULTURAL BOARD. Sec. 1. Board established. " 2. Vacancies. " 3. Annual Meeting. " 4. Delegates. " 5. Duty of Board. Sec. 6. Place of Meeting. " 7. By-Laws. " 8. Quorum. " 9. Absentees. An Act to incorporate the Board of Agriculture and Rural Econ¬ omy of the State of Georgia. Approved Dec. 26,1837. Pam. 22. Whereas, the use of organized societies for the cultivation of art and science, have been abundantly tested by the experience of all civilized nations; And whereas, agricultural husbandry "has ever been, and must con¬ tinue to be, the great source of national and individual wealth to the State of Georgia; the position, benefit and fruits of which fail to be greatly augmented by a liberal diffusion of that knowledge, which may be required by the most experienced and successful of our own, and the farmers of other countries; And whereas, for the purpose indicated, it is deemed expedient to establish an institution, under the auspices of the State Govern¬ ment ; 1. Sec. I. Be it enacted, That (naming four persons from each Judicial district,) be, and they are, hereby created a body corporate, Boardof to be known and styled the Board of Agriculture and Rural Econ- Agricui- omy, for the State of Georgia, to be entitled to the use of a common seal, and invested with the usual powers and privileges of corporate ea. bodies, subject, however, to the modifications and restrictions pre¬ scribed by this Act. 2. Sec. II. The said Corporation shall have perpetual succession, and shall have power to fill all vacancies that may be occasioned by V acancies, death, removal, or otherwise, of its own members, and to appointtow ^edi *The compiler has collected, under this general head, various titles scattered through the previous Digest, believing that they would be hereby more easy of reference, under the system of subdivisions adopted by him. In 1838, an Act was passed " to promote the culture of silk," giving liberal premiums. (Tarn. 222.) It was repealed in 1839. (Pam. 210.) Both Acts are omitted. For Act authorizing formation of joint stock companies, for the encouragement of direct trade, see title " Joint Stock Companies." Act in relation to gunpowder, see " Penal Laws," sec. 383. 2 10 AGRICULTURE AND COMM EKCE—Beef, Pork, &c.—1700. Delegates—Duty—Powers—Quorum. such officers and agents as it may deem necessary, to the service for which said Board is created. Provided, that no person shall lie eli¬ gible to appointment as a member of said. Board, whose usual place of residence is within the limits of any Judicial Circuit or District, in which as many as four members at that time reside. Annual Sec. III. Said Board shall hold a stated meeting on the 3d meeting. Monday in November, at the seat of the State Government, in each year, and at such other times and places as it may direct. 4. Sec. IY. Each Agricultural Society or Club, in this State, by cuituVaf11" whatever name called, shall be authorized to send one delegate to Society to the stated meetings of said Board, which delegates shall be entitled delegate6 to seats; an^ to a participancy in the deliberations and discussions of said Board, but not to a vote in the determination of any ques¬ tion. 5. Sec. V. It shall be the duty of said Board to inquire into the Duty of state and condition of agricultural husbandry throughout the State, Board. and into every subject and matter connected with the interests there¬ of, and from time to time make such communication touching the same, to the General Assembly and to the public, as said Board may deem will be for the general benefit. 6. Sec. VI. It shall be the duty of his Excellency, the Gover- Apartment nor, for the time being, to assign an apartment in the State House, House*46 or some °tfier public building at the seat of the State Government, suitably furnished for the accommodation of said Board. By-laws. 7- Sec. YII. Said Board shall have power to pass all by-laws, rules and regulations for its own government, not repugnant to the Laws and Constitution of this State. Quorum. Sec. VIII. The presence of ten members, at any stated or adjourned meeting, shall constitute and form a quorum for the trans¬ action of business. 9. Sec. IX. Said Board shall have power and authority to de¬ clare the seat of any member vacant, and to fill the same by a new Absentees . ' * ^'appointment, who shall, without giving cause of excuse, absent him¬ self from two successive annual stated meetings of said Board. ART. II.—BEEF, Sec. 1. Beef and Pork Casks. " 2. Inspection. " 3. Contents of barrel. " 4. Fraud. Proceedings. *' 5. Inspectors' Oath. " 6. Fees. " 7. Improper Marking. PORK, NAVAL STORES, &c.* Sec. 8. Cord of fire-wood. " 9. Continuation of Act. " 10. Barrels, how made. " 11. Contents. " .12. Brand. " 13. Continuation of Act. An Act to prevent frauds and deceits in selling beef, pork, pitch, tar, turpentine, a?id firewood.—Approved March, 6, 1766. Vol. 1, 245. Whereas, the preventing frauds and deceits in the packing of beef and pork, and in selling pitch, tar, turpentine, and firewood, will *Tliese Statutes, as many others under this general head, might be almost declared obsolete. Having, however, been retained in all the Digests heretofore, the compiler does not feel at liberty to omit them. AGRICULTURE AND COMMERCE—Beef, Pork, &c.—L766. 11 Contents of Cask and Barrel—Inspection—Fraud. greatly increase the credit and repute of those commodities of this province, and also he for the particular benefit and emolument of the purchasers or exporters of the same : 1. Sec. I. Beit enacted,, $*c.Thatfrom and after the first day ofdescrip- February next, all and every cask or casks, in which any beef or ^ of^£cf pork shall be packed and exposed to sale within this province, shall casks. he made of sound, dry, and well seasoned white oak timber, free from sap, the heads as well as bodies- of which casks shall be made tight, so as to hold pickle, and the said casks shall be proved before the same shall be packed with any beef or pork, and shall gauge thirty gallons.* Sec. II. [Repealed by sec. 12.] , 2. Sec. III. From and after the said first day of February afore- To be in_ said, no merchant, factor, trader, or other persons shall ship for ex-spectedim¬ portation on board any ship or vessel whatever, any beef or pork for of twenty7 a foreign market, before the same be packed by some packer or in- shillings, spector of the port or place where the same is intended to be shipped, and by the said packer or inspector branded, under pain of such per¬ son so shipping forfeiting the sum of twenty shillings sterling for every such cask so shipped, to be recovered and applied as hereinaf¬ ter directed. 3. Sec. IY. From and after the said first day of February afore- Contents said, every barrel of pitch which shall be made and sold in this prov- barrel of ince, shall contain 322 pounds gross weight, and the staves of the Pitch> said barrels not to exceed half an inch in thickness ; every barrel of ^ tar made and sold as aforesaid, shall contain at least thirty-two gal- ' Ions, clear of dirt, dross, chips, or water ; and every barrel of turpen- Turpen¬ tine so made and sold as aforesaid, shall weigh 460' pounds gross, tine, clear of dirt, sand, or water ; and no merchant, factor, trader, or oth¬ er person whatever, shall ship, or put on board any ship or vessel, for fh°pp1;,r]gfor exportation from this province, any tar, pitch, or turpentine, before unmarked, the same is marked by some packer or inspector, under pain of for¬ feiting for every barrel so shipped the sum of five shillings sterling, to be recovered and applied as hereinafter directed. 4. Sec. V. If any fraud or abuse shall be suspected in any bar-Barrels of rel or barrels of pitch, which shall be brought to market or exposedbeopeneli to sale, the person who shall treat for the purchase of such pitch on suspi- shall be at liberty to cut open as many barrels of the same as he shall think proper, which shall be liable to be viewed, judged, and forfeit¬ ed, as hereinafter directed ; and where any pitch shall be condemned if con- as fraudulent by the person or persons empowered to view and judge shaU be' the same, all such condemned pitch shall be forfeited and sold by the forfeited, _ treasurer, and applied to such uses as are hereinafter directed, and the shillings owner or person exposing such pitch to sale shall also forfeit the sum Per tjai"reI of five shillings sterling, for each barrel so fraudulently brought to market and exposed to sale, and the same may be recovered against him, ast is provided by the Act for the more easy and speedy recovery of small debts and damages, and shall be applied to uses as hereinaf¬ ter directed. Provided always, that when any pitch shall be order- *Thirty-two, sec. 11. 12 AGRICULTURE AND COMMERCE—Beef, Pork, &c.—1766. Inspectors—Oath—Fees—Brand—Size of cord of firewood. dcrened011"e(^ to CUt °Pen as af°resaid, without the consent of the owner, or shah beta-person offering or exposing the same to sale, the same shall be done opener at°at Person wh° shall cause such pitch to be so cut market& open ; that is to say, if such pitch shall not be condemned as fraud- pnee. ulent by the person or persons empowered to view and judge the same, that then the person who caused the pitch to be so cut open and examined, shall take to himself every such barrel so cut open which shall not be condemned as aforesaid, and shall pay to the own¬ er or person offering the same to sale, the current sum or price which good pitch shall then bear at that port or place, anything herein con¬ tained to the contrary notwithstanding. Inspectors 5. Sec. VI. Such persons as shall be appointed packers or in- sworn. spectors, by ordinance or otherwise, of the Governor, Council, and Commons' House of Assembly, in General Assembly met, shall be, and they are hereby directed, before they enter into the execution of their offices, severally and respectively, to take the following oath before some Justice of the Peace for the parish where such port shall be, who shall grant such packer and .inspector a certificate thereof: The oath. u j ^ g do solemnly swear, that I will faithfully and impartially execute the business and duty of a packer and inspector, in the town and port of , to the best of my skill and judgment, without fa¬ vor or prejudice, and without any delay, agreeable to the Act of the General Assembly of this province, entitled [see title of this Act.] So help me God." andPpac°kS' ®EC" packers and inspectors so to be appointed, shall ers' fees, receive for their trouble from the seller or owner of any beef, pork, pitch, tar, or turpentine, the sum of sixpence for every barrel of beef or pork, and the sum of two pence for every barrel of pitch, tar, or turpentine, which they shall view, inspect, mark, or brand as afore- Must said. And the said packers and inspectors are hereby severally di- barreLa11 recte(^to have and make use of a separate brand, with the initial let- with their ters of the name of such packer and inspector, and in case of refusal under^en-or neglect to do and perform any of the duties by this Act required aity of 10 to be done and performed by such packer and inspector, he or they shillings. go refusing or neglecting, after he or they shall have accepted such office, shall for every such offence forfeit the sum of ten shillings. For mark- ^' ^EC- "VIII. If any packer or inspector shall mark or brand any ingim- beef, pork, pitch, tar, or turpentine, not weighing or containing the toforfelt weights or measures directed by this Act, such packer or inspector forty shil- shall, for every barrel so marked or branded, forfeit the sum of for- ngs" ty shillings sterling, to be recovered and applied as hereinafter di¬ rected. And whereas, many frauds are committed in the sale of firewood, Firewood ^EC' Be ^ enacted, $fc. That from and after the first day size of the of February aforesaid, every cord of firewood which shall be sold in cord- this province, shall measure eight feet in length, four feet in height, and four feet in breadth, and in case any person or persons whatev¬ er, having any firewood sold and delivered them by the cord, as aforesaid, shall suspect a deficiency therein, every such person or persons shall and may apply to any of the packers and inspectors to be appointed as aforesaid, to cord and measure the same; and in AGRICULTURE AND COMMERCE—Beef, &c.—1766,-'68. 13 Penalty for deficiency—Size of barrels—Contents. case any deficiency shall appear, the person or persons selling the ^[.s°n]ess same shall, for every cord that shall be so deficient, forfeit the sum than f cord of ten shillings , and the packer and inspector measuring the same, shall be paid the sum of sixpence for every cord so measured by the for every seller thereof, in case of deficiency, and in case no deficiency shallsuch cord- appear, then to be paid the sum of sixpence by the person or persons applying. Sec. X. [Superseded by constitution.] 9. Sec. XL This Act shall continue and be in force for and du-continua- ring the term of three years, and from thence to the end of the next of tb® session of the General Assembly, and no longer.* An Act for amending the foregoing.—Approved December 24, 1768. Yol. I. 248. Whereas, the Act of the General Assembly, passed the sixth day of March, in the year of our Lord, 1766, entitled, [see title of last Act,] is found to be deficient in respect to the regulations therein di¬ rected, as to the packing and inspecting beef and pork, for remedy whereof, 10. Sec. I. Be it enacted, That from and after the first day of ban-els for May next ensuing, every barrel in which beef or pork shall be packed b®®[_ and exposed for sale in this province, shall contain and gauge thirty- to be'madl, two gallons, and be made of seasoned timber, as directed by the said Apatity1 recited Act, and shall have on each barrel not less than twelve sound and sufficient hoops. 11. Sec. II. From and after the said first day of May, every bar- what rel of beef or pork, packed and sold in the province, shall contain bright and description 220 pounds weight, of wholesome, well cured meat in the same, af- 0f meat in ter being salted at least ten days, and carefully packed with a suffi- bai'~ cient quantity of dry salt, and well pickled, and not more than one shank, half the neck, and no head, in each barrel of beef, and not more than two heads in each barrel of pork. 12. Sec. III. The brands to be used by the several packers andMust be inspectors, according to the directions of the said Act, shall have the branded name of the parish where the beef or pork is inspected under that of name^f the province, and also the names of the inspectors at full length ; andtbe inspec- such inspectors and packers are hereby directed to furnish themselves the parish with such brands, and to brand the several barrels of beef and pork at fud by them inspected, on the head, according to the directions of, and under the penalty in the said Act mentioned and inflicted. 13. Sec. IV. The before-recited Act and this Act, shall continue contmua- and be in force for and during the term of three years, and from ti°n of tbis thence to the end of the then next session of the General Assembly d and no longer, anything contained in the said recited Act to the con¬ trary notwithstanding.* ♦Revived. "Laws," sec. 1. 14 AGRICULTURE AND COMMERCE—Boats & Chews.—1815-16. Bill of Lading—Thefts. ART. III.—BOATS AND CHEWS. Sec. 1. Bill of Lading. " 2. Penalty for Neglect. " 3. Liability of Owners. " 4. Restriction on Slaves. " 5. Penalty. Sec. 6., Act of 1816 extended. " 7. And its Penalties. " 8. Venue of Offences. " 9. Articles owned by Slaves. " 10. Publication of Acts. An Act for the better regulation of Boats and Boats' Crews f navi¬ gating the Savannah River, from the city of Augusta to the head waters of said river.—Approved Dec. 4, 1815. Yol. III. 112. Whereas, the inhabitants of this State, residing on or near Savan¬ nah river, complain of serious injuries inflicted on their rights and property, by boats' crews navigating the waters aforesaid; for reme¬ dy whereof, Each boat ^EC' ^ ^ enacted, fc. That from and after the first day to have a of January next, it shall be the duty of all owners or agents of boats bill of lad- employed in the navigation of the aforesaid waters, to grant to each and every boat respectively, previous to its departure from the land- ■whichshading or wharf, a certificate or bill of lading, showing its destination, subiectV!toS c°Rtents, the name of its patroon anil consignee ; which certificate or examina- bill of lading shall, at all times, be subject to the examination of any t1011' free white person or persons requiring the same. Penalty for Sec. D- R" ail7 owner or agent, as aforesaid, shall neglect or not giving refuse to furnish the certificate or bill of lading, required by this Act, hlding^or*or tbc patroon, upon application, or being required by any free white person as aforesaid, shall refuse to exhibit his certificate or bill ol whence- lading as aforesaid, the owner of such boat or boats shall, for every quired, such refusal or neglect, be liable to indictment in the Superior Courts 10 dollar^ ^ns State ; and on conviction thereof, forfeit and pay the sum of fifty dollars, one half thereof to the use of the informer, and the other half to the use of the County where such conviction shall take Owners ofPlaCG- boats lia- 3. Sec. III. Owners of boats, navigating the waters aforesaid, 'tketts &c s'laP liable, and compelled to pay for all pillages and thefts com- ' mitted by their respective crews, 011 conviction of the offender or of¬ fenders. An A.ct to prevent Boat-owners or Patroons from permitting boat, hands, or other negroes, from trafficking in corn, or other produce, or from carrying the same to market, on board of the boats accus¬ tomed to navigate the river Savannah, between Augusta and Sa¬ vannah.—Approved Dec. 13, 1816. Yol. III. 113. Whereas, the practice of permitting negroes on board of the boats navigating the river Savannah, to carry corn, cotton, or ether pro- *No person of color allowed to be a natrocn of a boat between .'•bivunvvi —. j v ta. Vol. H. 332. * ' AGRICULTURE AND COMMERCE—BOATS & CREWS.—1816. 15 Boat hands trading—Act of 1816 extended. duce to market, as their own property, has been found by fatal ex¬ perience, to be an encouragement of theft; and whereas, it is right and proper that such encouragement should not any longer be held out to this description of persons ; for remedy whereof, 4. Sec. I. Be it enacted, Sfc. That, from and after the passing j^Tis' be. of this Act, it shall not be lawful for any owner or patroon of a boat, ing slaves, to suffer or permit any boat hand, or negro, being a slave, to put on ^'Vrodiice board their boat, whereof he is owner or patroon, any com, cotton, of their peas, or other articles of produce, as the property of such boat hand, market, or negro, for the purpose of carrying the same to Savannah, or else¬ where, to market, or for sa,le nor shall such owner or patroon suf- ^®[htr^ceb fer the boat hands, or other negroes, being slaves as aforesaid, on other, board of their boat or boats, to barter or trade the one with the oth¬ er, in any articles of produce, as before enumerated, under any pretext whatever. 5. Sec. II. Any owner or patroon, offending against the provis- downer* ions of the first section of this Act, shall be subject to indictment in or patroon. the Superior Court of the County in which the offence shall be com¬ mitted ; and upon conviction thereof, shall be fined and imprisoned, or both, at the discretion of the Court before whom such indictment shall or may be tried. An Act to alter and extend the foregoing.—Approved Dec. 10, 1817. Yol. III. 114. 6. Sec. I. From and immediately after the passing of this Act, tended16 that the before recited Act shall be held, deemed, and considered in to all navi- full force, from Augusta to the head navigation of Savannah and ble 1Tvers!> Broad rivers, and in all the rivers that now are, or hereafter may be, made navigable in this State. ^ 7. Sec. IX. If any owner or patroon of any boat, accustomed to aUieTiT-11" navigate between the head navigation of said Savannah and Broad flicted- rivers, to Augusta, or in any other river that now is or hereafter may be made navigable in this State, shall offend against the first section of the before recited Act, he shall be subject to all the pains and pen¬ alties contained in the second section of said Act. 8. Sec. III. All or any offence against this Act. or the one to j cj / m w which it is amendatory, shall be tried and punished in any or either countiC3 of the Counties in this State, adjoiniug the water-course on which bieUslla" the offence was committed. ■ Sec. IY. The aforesaid Act shall be held, deemed, and consider- Act or isis ed, as extending to all rivers that now are, or hereafter may be made tfndcd To navigable in this State. ail naviga¬ ble rivers. *But. see sec. 10. 16 AGRICULTURE AND COMMERCE—BOATS & CREWS.—1836. Articles shipped by Slaves. An Act to amend, explain, and cause to be enforced, lite several acts of the General Assembly of the State of Georgia, assented to the Ath of December, 1815, and that of the 13th of December, 1816, and an Act amendatory of the last specified Act, assented, to the 10th day of December, 1817.—This Act assented to Dec. 26, 1836. Pam. 76. Preamble. 9. Whereas, the before recited Acts, require that each boat navi¬ gating the Savannah and Broad rivers, and all the rivers that are made navigable in this State, shall be required to keep a white pat- roon thereon, and are further required to furnish and exhibit to any free white person or persons that may wish an examination, a bill of lading, showing the contents, the name of the patroon and consignee of said cargo, and forbid such boat owner or their patroons, to sulfer or permit any boat-hand, being a slave, to put on board of their boat, any corn, cotton, peas, or other article of produce, as the prop¬ erty of such boat-hand, to be carried to market; yet the aforesaid Acts do not prohibit the trafficking in stock of any or all kinds, poultry, and other articles prohibited by law, for slaves to sell or vend; for remedy whereof, Articles Sec. I. Be it enacted, That from and immediately after the pass- shvcs^haii a§e this Act, it shall not be lawful for a boat owner or patroon, be in the navigating either of the navigable rivers within this State, to suffer tog °f the boat hands to take with them, any kind of stock whatever, poul¬ try of any kind, or other articles that are by law, prohibited, to them to traffic in, except the same shall be stated in such bill of lading of the owner of said boat or his agent, and that no stock, poultry, or other articles as aforesaid, shall be permitted to go on board of a boat, unless it is immediately under the direction of such owner or patroon, or the agent of the owner, and specified in the bill of lading. Every offender against the provisions of this Act shall be liable to like punishment and fine, as pointed out in the foregoing Acts. Courts*of I®* ®EC- ^ be th® duty of the Inferior Courts of the the proper several Counties of this State, bordering on, or which navigable wa- sha™ pub- ters shall pass through, to cause to be published in various parts of lish the said County, the provisions of the foregoing Acts ; and in the Coun- subjecchlS ties bordering on navigable waters which are on the borders of the State, the Inferior Courts of the several Counties bordering on such water courses, that are navigable, shall cause to be published in one or more of the public gazettes, the provisions of this and the foregoing Acts, for the information of those in the adjoining States, who are engaged in navigating such water courses, and the expenses thereof to be defrayed out of the County funds. AGRICULTURE AND COMMERCE—Cattle.—1792. 17 Recording Marks and Brands. ART. IY.—CATTLE.—1773. Sec. 1. Marks and Brands recorded. I Sec. 3. Clerk's duty and fees. " 2. Where two have the same mark. | An Act to prevent the stealing of horses and neat cattle, and unlaw¬ fully branding, marking, killing, or driving the same.—Approv¬ ed Sept. 29, 1773. Vol. I. 52. Prince, 146.—[Obsolete.] An Act to revise and amend " An Act for recording Marks and Brands in this State"—Approved Dec. 8, 1792. Yol. I. 347. 1. Sec. I. From and after the passing of this Act, it shall and may Marks and be lawful for all persons residing within this State, to record their be recorded marks and brands in the Clerk's office of the Superior Court of the j?le^.e of County in which such person resides ; and if any person or persons fice. shall neglect to record the same, then and in that case, whenever any property shall or may happen to be in dispute between the par- ty so recording his marks and brands and any other person not hav- to belong ing recorded as aforesaid, both having one and the same marks °r son finstre^ brands, the property being found in the possession of the person cording his complying with this Act, the party so claiming any such property in marks'&0* dispute as aforesaid, shall not be allowed to take the same out of the hand of the person found in that possession, without such claim¬ ant can prove, by disinterested testimony, such property so in dis¬ pute, and that the same is his property, such proof, when the value of the property is under five pounds, to be made before any Justice of the Peace in the County where such property may be found, and if above that value, before any Court having jurisdiction thereof. 2. Sec. II. Where two or more persons shall have the same Two per- marks and brands, each of them recorded; in such case the oldest ing th^aV" record shall be evidence of right, so far as to compel the other partysame to prove his property by disinterested testimony, in the manner here- first re- * inbefore pointed out: Provided, That nothing in this Act contained C01"ded j® shall compel such person or persons as have already had their brands tie evi- and marks recorded in the Secretary's office, to record the same in ^[te of the Clerk's office aforesaid, but such record in the Secretary's office Prtmso. shall be good and valid. 3. Sec. III. It shall be the duty of the Clerks of the Superior ^e1^kdsha11 Courts, upon the application of any person or persons, to record all marks, marks and brands in books to be kept by them for that purpose, andbrands,&e- give certificates thereof when thereunto required, by any person or persons, and for which they shall receive the fees pointed out by the His fees- Act to revise and amend " an Act for ascertaining the fees of the public officers of this State." 3 18 AGRICULTURE AND COMMERCE—Cotton Sf.ed, Ac.—1803. Lawful Fence—Paling—Cattle breaking through. ABT. Y.—COTTON SEED.® An Act to compel the owners or occupiers of Cotton Machines with¬ in this State, to enclose the same, and in particular situations to remove the seed therefrom.—Approved Dec. 10, 1803. Vol. II. 135. Prince, 168.—[Obsolete.] ALT. VL—FENCES. Sec. 1. Lawful Fences. I Sec. 3. Title to Land. " 2. Cattle Killed. | An Act for the better regulating Fences in the Province of Georgia. —Approved March 27, 1759. Vol. I. 235. Whereas, an Act passed the 7th day of March, 1755, in the first session of the first General Assembly of this province entitled " An Act to regulate Fences in the province of Georgia," has been found very ineffectual for the purposes thereby intended : And whereas, the fixing and establishing fit and proper dimensions for all fences and enclosures to be erected and made in and about the several plantations and settlements of this province, would not only prevent the several owners and occupiers thereof, so fenced and enclosed, from receiving any damage from the irruption, straying, or breaking in of cattle, horses, sheep, goats, or swine, but would likewise obvi¬ ate any doubts or disputes happening or arising as to the strength and sufficiency of such fences and enclosures, in case of any irrup¬ tion or trespass to be committed within the same, Saitb* ^EC- I- Be it enacted, That from and after the 29th day of March, 1759, ail fences or enclosures, commonly called worm fences, that shall be erected and made around or about any garden, orch¬ ard, rice ground, indigo field, plantation, or settlement, in this pro¬ vince, shall be six feet high when staked and ridered, and from the ground to the height of three feet of every such fence or enclosure, the rails thereof shall not be more than four inches distant from each other ; and that all fences or enclosures that shall consist of paling, shall likewise be five feet high from the ground, and the pales there¬ of not more than two inches asunder : Provided always, that where any fence or enclosure shall be made with a ditch or trench, the same shall be four feet wide, and in that case the fence shall be six feet high from the bottom of the ditch, cattie^otf Sec. II. If any trespass or damage shall be committed in any liable for garden, orchard, rice ground, indigo field, plantation, or settlement, age foi,m" not being fenced and enclosed in manner as hereinbefore is directed, throuuf ky the irruption, breaking in, or straying of any cattle, horses, unlawful sheep, goats, or swine, the owner of such cattle, horses, sheep, fences. goats, or swine, shall not be liable to answer for such trespass, or to lawful. Worm fences. Paling. Ditch. *See " "Weights and Measures," art. XYI. under tlxis title, sees. (3 to 11, as to fare or draft on Cotton. See also 13. AGRICULTURE AND COMMERCE—Fences.—1759. 19 . Cattle breaking through—Flour Inspection. make good or satisfy any damage or injury that shall happen or he committed by reason thereof; and in case any person or persons shall kill, maim, hurt, or destroy, or cause to be killed, maimed, hurt, or destroyed, any cattle, horses, sheep, goats, or swine, so tres¬ passing, straying, or breaking into any garden, orchard, rice ground, indigo field, plantation, or settlement, not fenced and enclosed in manner as by this Act is directed, all and every such person and persons shall answer and make good to the owner or owners thereof all such injur]'" and damages as he or they shall sustain thereby, the same to be recovered on due proof thereof, before any two Justices of the Peace for the district where the offence shall be committed, and to he levied by warrant of distress and sale of the offender's goods. ~ Sec. III. and IY. [Direct Justices of the Peace to appoint three freeholders to assess the damages, which the Justices are to levy by distress and sale. These two sections, as well as such parts of this and all other Acts as give the Justices power to assess damages, are repealed by the present Constitution, and the Judicial Act of 1799.] Sec. Y. [Superseded by Penal Cede and obsolete.] 3. Sec. YI. Provided always, and be it further enacted, That in all trials to he had before one or more Justices of the Peace by virtue ^ of this Act, the right of the party to the lands on which the trespass or to be damage shall be said to be done, shall not be brought into ques- q™ m tion, but the same shall be taken for granted to all intents and purpo¬ ses whatsoever. Sec. YII. [Repeals the Act of 1755.] ART. YII.—FLOUR. Sec. 1. Inspection established. " 2. Inspectors appointed. " 3. Vacancies. " 4. Merchantable Flour. " 5. Barrels. " 6. Mode of Inspection. Sec. 7. Penalty. " 8. Restriction on Inspector. " 9. Exporting uninspected Flour. " 10. Inspectors' Oath. " 11. Indictment. " 12. Restriction on Boats. An Act to establish and regulate the inspection of Flour *—Ap-^ proved Nov. 22, 1814. Yol. III. 329 Whereas, experience has shown, that the establishment of flour in¬ spections, under proper regulations, will advance and promote the interest of this State ; inspec- 1. Sec. I. Be it enacted, lyc. That there shall be a flour inspec- SKd. tion established in the Town of Petersburg, and Cities of Augusta and Savannah. inspectors 2. Sec. IL • The Inferior Courts in the several Counties aforesaid, at the first term of said Courts after the passing of this Act, and the int. biennially thereafter, shall appoint one person of good repute, and a Cl)Uits- *The Act of 1801, Yol. II. 27, was repealed by that cf loth Dec. 1811, (Yol. III. 323.) This last was repealed on the 9th Dec. 1812, (Vol. III. 820,) -which, reinstated the Act of 1S01 from the date of the last Act, (9th Dec. 1812,) to six months after the date of this. 20 AGRICULTURE AND COMMERCE—Flour—1814. Inspectors' Duty—Size of Barrels—Brands. skilful judge of the quality of flour, to be inspector of flour at the before-mentioned places—that is to say, the Inferior Court of the County of Elbert shall appoint one inspector for the Town of Peters¬ burg ; the Inferior Court for the County of Richmond, one inspector for the City of Augusta; and the Inferior Court of Chatham County, one for the City of Savannah. Vacancies ®EC- case °f death of any person so appointed, or how filled! in the event of his refusing or neglecting to act, the Justices of the Inferior Court of said County shall, as soon as conveniently may be court fails thereafter, meet and appoint some other suitable person to fill such to appoint, vacancy, who shall execute the duties of inspector until the succeed- ations may ing election; and if the Inferior Court shall neglect to make ap- d° it. pointments, it shall and may be lawful for the City Council or corpo¬ ration of the before-mentioned Counties to appoint an inspector. 4. Sec. IY. All bolted wheat flour, and every cask thereof, ^^grsha11 brought to the places before mentioned for sale or exportation, shall chantabie be made by the miller or manufacturer thereof merchantable, and of quality. due fineness, and without mixture of coarser flour, or the flour of any other grain than wheat, hw made ®EC' ^ flour barrels, packed with flour, brought to the be- and fore-mentioned places for sale or exportation, shall be well made, and marked. 0f g00c[ materials, twenty-seven inches in length, tightened with at To contain ^east ten k°0Ps; an scantling and boards, shall be deemed merchantable only when able. made, shaped, formed, and conditioned as is hereinafter directed, that is to say, all ranging timber, scantling and boards, shall have square cayedf &c. edges, be sound, and without decay ; Nevertheless, if any scantling countedMn 01* boards to measured and inspected under and by virtue of this measure- Act, shall be split, decayed, or fractured more than two feet, and less mcnt. than six feet from the end thereof, in that case, such split, decayed, frac¬ tured part shall be left out, and not counted in the said measurement. what k'nd ^rst Part ^ie secti°n repealed. See sec. 10.] of heading Heading to be two and a half feet long, six inches broad, an inch and shin- thick on one edge, and not less than three quarters of an inch . S, 0, iO, 11. 32 AGRICULTURE AND COMMERCE—Seamen & Mariners-! 813. Abduction—Aiding to desert Harboring, secreting, &c. fenm™en r"ier' not having a certificate of discharge as directed by this Act, them over he shall, upon conviction thereof, before any one of his Majesty's Justi- without ces 0f thg Peace for the parish where such offence was committed, for- such, certi* ■*- fieate, for- feit five pounds sterling, to be recovered by warrant of distress, and ieit £5. gaje 0f t^e 0ffeil(jer's goods,* and be to his Majesty, to and for the use of any person or persons informing of and suing for the same. Continua- Sec. IX. This Act shall be and continue in force for and du¬ ring the term of three years, and from thence to the end of the next session of the General Assembly, and no longer, f An Act to define the offences of abducting and harboring seamen, and to punish the same, and for other purposes therein mentioned.— Assented to Dec. 27, 1843. Pam. 136. Entering 8- Sec. 1. Be it enacted, That from and after the passing of this hitcnt'to1 ^Ct' ^ any Person °r persons shall board any ship or vessel, in any port abduct and or harbor, or on any of the waters of this State, with intent to inveigle, cied^sea- entice? convey away, abuuet, with or without violence, or secretly men to de- carry off any articled seaman, or mariner, or apprentice, from such Bert- ship or vessel, or shall afford any conveyance or facility to such sea¬ man, or mariner, or apprentice, to desert or leave such ship or vessel, then and in each of such cases, such person or persons so offending, shall be liable on conviction to fine or imprisonment, at the discre¬ tion of the Court. a mt abs 8ec. 2. If any person or persons shall aid or assist in any way or duct on & manner, any articled seaman or mariner, or apprentice, to desert from desertion, p-s or vessel, while within the waters of this State, or shall in¬ veigle, entice, convey away, abduct, or carry, with or without vio¬ lence, or secretly carry off any articled seaman, or mariner, or ap¬ prentice, from any such ship or vessel, such person or persons so offending, shall on conviction, be liable to fine or imprisonment, at the discretion of the Court. Harboring. 10. Sec. 3. If any person or persons shall harbor, secrete, enter¬ tain, lodge or keep, or shall directly or indirectly suffer to be har¬ bored, secreted, entertained, lodged or kept, in or about his house or premises, any articled seaman or mariner, or apprentice, knowing the said seaman, or mariner, or apprentice, to have deserted from his Fine $500 ship or vessel, such person or persons shall on conviction, be fined in oiiment1S~ a sum not more than five hundred dollars, or imprisoned at the discretion of the Court. Repealing 11. Sec. 4. The fourth section of an Act entitled an Act to clause. punish seamen or mariners neglecting or deserting their duty on board their respective ships or vessels, and for preventing seamen or mariners from being harbored or running in debt, approved March the sixth, in the year of our Lord one thousand seven hundred and sixty-six, be and the same is hereby repealed. # See Constitution, art. HI, sec. 1. See Insolvent Debtors, sec. 7, as to security for ail fees. •fKevived, see " Laws," sec. 1. AGRICULTURE AND COMMERCE—Shipping, &c.—1799. 33 Commissioners of Pilotage—Pilots' License. ART. XIII—SHIPP: Sec. 1. Commissioners. " 2. License to Pilots. " 3. Bond and oath. " 4. Disputes—how determined. " 5. Damages for unskilfuln ess. " 6. Removal of Pilots. " 7. Masters refusing to receive. " 8. Rate3 fixed. " 9. Pilots' preference. " 10. Mooring vessel. " 11. Piloting to another port. " 12, What vessel shall pay. " 13. Fines appropriated. " 14. Security for fees. " 15. Plea. " 16. Citizens only pilots. " 17. Fees. " 18. Health Officer. " 19. Compensation—Tonnage duties. " 20. Rates of Dockage, &c. " 21. Preamble. " 22. Unlicensed Pilots. " 23. Proceedings against. " 24. Bond. " 25. Recovery of Penalties, " 26. Commissioners for Savannah. « 27. Oath. " 28. Appeal—Trial. " 29. Pilots' qualification. " 30. Depositions. . 7G AND PILOTAGE. Sec. 31. Repealing clause. 32. Further Bonds. 33. Subpoenas.' 34. Attaching Witnesses. 35. Interrogatories. 36. Officers' Fees. 37. Who liable for pilotage. 38. Redress in case stated. 39. Advance on fees. 40. Com. may reduce. 41. Chamber of Commerce. 42. New members. 43. Privileges. 44. Wharves—examination of. 45. Rafts. 46. Unseaworthy vessels. - 47. Removal of. 48. Obstructions in Rivers. 49. Injurious erections. 50. Erections on Shoals. 51. Name of Board. 52. Ballast and Rubbish. 53. Proceedings against offenders. 54. Resisting execution of this Act. 55. Collection of Fines. 56. Appropriation of. 57. Meeting—Powers. 58. Wharf lines. 59. Vested rights reserved. An Act to regulate the pilotage of vessels to and from the several ports of this State.—Approved Dec. 6, 1799. Vol. 1. 592. Whereas, it is highly necessary for the safety of all ships and ves¬ sels bound inward to and outward from the several ports of this State, that there should be a sufficient number of skilful, and able pilots constituted and appointed for the bringing in and carrying out the same; for the more expeditious and effectual performance of which, 1. Sec. I. Be it enacted, &"c. That the several persons hereinaf- „ • Commis- ter named, be commissioners for the regulation of pilots, rates, and all sioners af matters relating to the pilotage for the ports hereinafter mentioned, viz : For the bar of Tybee and river Savannah, and for the several of Tybee, bars and inlets lying to the northward of Saint Catharine's bar,*&e- [five persons named;] for the bar of Saint Catharine's and river Med- Bar of st way, and for the several bars and inlets to the southward of Saint Cath'rines, Catharine's bar as far as Turtle river,* [five persons;] and for the bar &c' of St. Mary's, and for all the bars and inlets south of the said Tur- Barofst. tie river, [also five persons.] Three of each respectively are hereby Mary'^,&c. declared to be a quorum,f and who are hereby" empowered to nomi- f0rm aiany nate, appoint, and license such person or persons as they shall think board- to be most fit and competent]: to act as pilots for the conducting ccnse pi- * For Savannah, see note 1, and for Daricn, see note 2, at the end of this title. ^ots< t But see sec. 26. J See sec. 16, 29. 5 34 AGRICULTURE AND COMMERCE—Shipping, &c.—1799. Pilots' Pond—Oath—Differences between Masters and Pilots, s- * of vessels inward to and outward from the several ports for which they shall be licensed during their good behavior severally and re- Vaeancies spectively. And if there shall happen to he a deficiency of the said mission°fil- number of five commissioners respectively, by death, resignation, or led by the departure out of this State, the surviving or remaining number, in inemor. gucp case^ s}iap apply to the Governor or Commander-in-Chief for the time being, who is hereby empowered to appoint a new commission¬ er or commissioners to fill any vacancy that shall so happen, and so on from time to time, and at all times hereafter, whensoever there shall be a deficiency of the said number of five commissioners for each district. isTo person Sec. II. From and after the passing of this Act, no person to act »s shall be entitled to receive any fee, gratuity, or reward, for conducting lessUcensNor piloting any vessel inward to or outward from any of the ports or ed- harbors for which a pilot shall be licensed, unless such person is properly nominated, appointed, and licensed by the commissioners of the port where such vessel is bound to or going from, and that no person may meddle, interfere, or disturb the licensed pilots in the way of their duty. Sec. III. [Repealed by Act of 1830, see sec. 31.] mots _ 3. Sec. IY. Every pilot or pilots, warranted or to be warranted, bond and or licensed as aforesaid, shall enter into bond with the commissioners security, of pilotage, with two or more securities, in the penalty of $'2000 to his honor the Governor, and his successors, for the due execution of their office,* and shall take and subscribe the following oath, to be tendered by the said commissioners, or any quorum of them, for the time being, before the said pilot or pilots shall be entitled to receive And take any fee or reward in that capacity ; viz : " I, AR, appointed pilot for tins oath. t^e p0r{. an(j jiar]-)0r 0f ^ j0 solemnly and sincerely swear that I will well and truly execute and discharge the business and duty of a pilot in the said port and harbor of , according to the best of my skill and knowledge ; and that I will at all times, (wind and weather permitting,) use my best endeavors to repair on board all ships and vessels that I shall conceive to be bound for, corning into, or going out of the said port or harbor of , that appears to want a pilot; and do further swear, that I will from time to time, and at all times, make the best dispatch in my power to carry safely out, or bring over the bar , and to the place of discharge, every ship or vessel com¬ mitted to my care; and that I will from time to time truly observe, fulfil, and follow, to the best of my skill, ability, and knowledge, all such orders as I shall from time to time receive from the commission¬ ers of pilotage, or the major part of them, in all matters and things re¬ lating to the business of a pilot." Differences 4. Sec. Y. In case any damage, dispute, complaint, or difference bet™pi- shall happen to arise, or be made against or between any master or masters cf pilot for or concerning the pilotage of any ship or vessel, or any oth- vesseis, er matter incident or relative to the business or care of a pilot, in any XlCAV tO 06 detcrmin'd of the said harbors, all s.uch damages, disputes, complaints, or diifer- ences, (when the claim does not exceed $100,) are hereby ordered to *See see. 24. AGRICULTURE AND COMMERCE—Shipping, &c.—1799. 35 ■ Pilots' liability—ltemoval. be heard and determined by the commissioners, or a majority of them, appointed for the care of the pilotage, where such damage or dispute shall happen, who, by their decree, arbitrament, or order, shall and may lawfully decide, adjust, and regulate every such damage, dis¬ pute, complaint, or difference ; and if either of the said parties, mas¬ ter or pilot, shall refuse to abide by, fulfil, or perform the decree or order, or other adjudication of the said commissioners, or a majority of them, who shall hear and determine the same, the party so refus¬ ing shall be subject, in addition to the former award, to the penalty of not exceeding $>100, as the said commissioners, or a majority of them, shall think proper to adjudge, the whole to be levied by war¬ rant of distress, under the hand and seal of the said commissioners, or any three of them, and sale of the offender's goods, and such part of the said award and penalty so inflicted and recovered as the commission¬ ers inflicting the same shall think reasonable to satisfy any damage the party aggrieved shall suffer by such neglect, act, matter, or thing as aforesaid, shall be paid to the party aggrieved, and the remainder to be applied for improving the navigation of the port and harbor where such penalty is recovered ; and in case of default of payment of such award and penalty, and no property to be found belonging to the party offending, then, and in that case, an attachment shall go in like manner under the hand and seal of the said commission¬ ers, or any three of them, against the person of the party so refusing, who is hereby to be kept in prison for a term not exceeding six months, without bail or mainprize, anything in this or any former Act to the contrary notwithstanding.* 5. Sec. VI. If any ship or vessel whatsoever, or the cargo and pilots an- freight therein contained, shall happen to receive any damage or rnis- yvc,::iDlc o 5 XI ^ / o for ciama* carriage, or be lost through the neglect, insulnciency, or default ofges, nap- or in any of the pilots for any of the said harbors, after such pilot {volant takes charge of the same, and the claim exceeds $100, the said pilot of skill shall in such case, on conviction thereof in any Court of Record in this State, be obliged to answer and make good to the sufferers, or the master of such ship or vessel, all and every the damages and loss¬ es which he or they shall sustain through the said pilot's neglect or default in any manner or wise whatsoever. 6. Sec. VII. If any of the pilots for the ports aforesaid, for the Comm;s. time being, shall be found not sufficiently skilled, or shall become sioners incapable of acting, or shall be negligent or misbehave in his duty ^ore pi- towards the commissioners, or any one of them, then, and in such *'^efrom case, the commissioners* of the port or harbor for which such pilot is licensed, shall annul or revoke the warrant or license of every such incapable or offending pilot, who shall thenceforth be totally sus¬ pended, and be deemed incapable to receive and take any fee, gra¬ tuity, or reward, for the guiding or piloting of any ship or vessel in¬ ward to or outward from, any of the said ports. [The rest of the section, and the words in italics, repealed by Act of 1830, see sec. 31-J 7. Sec. VIII. Any person, master, or commander, that shall bring •But see sec. 21. 36 AGRICULTURE AND COMMERCE—Shipping, &c.—1799. Rates of Charges—Pilot's preferences—Duty. Masters ofally g^jp or vessel to any of the bars or the coast of any of the said vessels re- fusing to harbors, and shall refuse to receive on board any warranted or licensed pilot on1 pb°h the said person, master or commander, so refusing, and after- board shall wards bringing in the said ship or vessel into any of the ports afore- hLue™ said, shall, and is hereby made liable to pay the pilot first offering to come on board such ship or vessel without the bar, to take charge thereof as pilot, the same rates, dues, and payments, as are hereinafter particularly expressed and provided, and to be paid in the same man¬ ner as if the said pilot had actually piloted the same ship or vessel in¬ to any of the said ports or harbors. Shall pay Sec. ^he master or commander of any ship or vessel, the rates for the consideration of the pilotage of the said ship or .vessel inward the com- to or outward from any of the ports or harbors aforesaid, shall pay sioners of unto the licensed pilot that shall take charge of the same, the several pilotage. gum ancj sums 0f money, rates and prices as are established by the board of commissioners,* as full and ample satisfaction unto the said Penalty for pilot, for his care and charge in bringing in or carrying out every overcharge such or vessel; and if any licensed pilot shall ask or demand more fees for his services than is specified in the rates of pilotage, on due proof thereof before the commissioners, or a majority of them, he shall forfeit double the amount of such vessel's pilotage. The pilot 9. Sec. X. To encourage as much as may be, pilots to attend a vesseHn- t^ie bars> that all and every licensed pilot, bringing any vessel safe to port has from sea, shall have the preference of bringing such ship or vessel eiu^to" UP an(l down the river, and to sea again, provided they give their at- conductit tendance and are duly qualified, and if any master or owner of any out' vessel in the port, employ any other pilot to carry his vessel down the river, or to the sea, but the pilot who brought her in, or one be¬ longing to the same boat, unless good and sufficient cause shall appear therefor, on due proof thereof before the commissioners, shall be liable to a fine not exceeding 100 dollars, one half to the pilot claiming the pilotage of the vessel; but should such pilot neglect or refuse to at¬ tend, and carry down said ship or vessel when ready for sea, (wind, weather, and tide permitting,) and thereunto required by the master, owner, or consignee, shall, on conviction thereof before the board of commissioners, forfeit the upper pilotage of such vessel, and be lia¬ ble to a fine not exceeding 100 dollars ; and every pilot acting on board such vessel where he has no right, shall be liable to the same penalty, provided the commissioners have not sufficient evidence of the necessity of his acting. moor the?11 ®EC> ^ anc^ everY P^ot E1 anY °f f^e harbors aforesaid, vessels, when he has • brought any ship or vessel to anchor, in any of the aforesaid harbors, shall, and is hereby directed and required to moor such ship or vessel, or to give proper direction for the mooring of the same, and for their safe riding at such mooring. Maybe 11. Sec. XII. If any pilot or pilots belonging to any port in this to pTiotto State, shall meet at sea with any vessel or vessels bound to another por°tther Port wiffiin the same, such pilot or pilots shall, if capable and there¬ unto required, take charge of and pilot the same into such port, and *See sec. 17. AGRICULTURE AND COMMERCE^-Pilotage, &c.—1815. 37 Yessels liable—Pilots, citizens U. S. shall be paid two dollars per day for every day such pilot shall be on board such vessel at sea without the bar, over and above the usual rates of pilotage ; and no other pilot shall interfere while the first is willing to continue his services. 12. Sec. XIII. , All vessels entering and clearing within this State what Yes- shall pay the several rates -of pilotage, if a licensed pilot is offered, p®1® ®j[a£ except the constant coasting vessels to and from Charleston, and they age. shall pay half pilotage up, if a pilot is offered without the bar, if they take no pilot, and whole pilotage if they take one, any law, custom, or usage to the contrary notwithstanding ; but vessels coasting from one port to another within the .State, shall not be liable to pay pilot¬ age, unless-a pilot is .required to act on board. 13. Sec. XIY. All fines or parts of fines that may be recovered Fines ap- under this Act, which shall not be awarded by the commissioners to propriated- the party complainirfg, shall go to the fund for improving the navi¬ gation of the port. And whereas, there have been instances of captains of vessels refus¬ ing to pay the pilots agreeable to rates, after getting to sea, in which case the said pilots have no remedy: 14. Sec. XY. Be it enacted, That the captains of such vessels as Masters have no owner or consignee in the port, shall be obliged,• if requested by the pilot acting on board, to give security for the faithful pay- give secur- ment of the pilotage before said vessel leaves such port. outward16 15. Sec. XYI. If any person or persons authorized to carry this f^s- Act into execution, shall be sued or prosecuted for any matter or ai iss^f61" thing to be done in pursuance thereof, it shall and may be lawful for Ir.ay such person or persons to plead the general issue, and give this Act and the special matter in evidence. Sec. XY1I. [Repeals all farmer-Acts respecting pilots and pilot¬ age.] An Act supplementary to the foregoing.-—Approved Dec. 12, 1815. Yol III. pam. of 1815, p. 6. 16. Sec. I. It shall not be lawful for any person to be commis-None but a sioned as a pilot but a citizen of the United States, and whose usual [}\eZ{jng,f residence has been therein, and who shall furnish good recommend- shall be a ation of his character, capability, and attachment to our govern-p)lot' ment.* 17. Sec. II. The compensation for outward pilotage shall be the mots' same as .inward, and that the sum of two dollars .per day be allowed compensa- for each day that any pilot may be detained on board of any vessel bound out, from head wind or other detention. [The remaining• two sections relate to Savannah exclusively.] • And see sec. 29. 38 AGRICULTURE AND COMMERCE—Shipping, &c.—1823-20. Health Officer—Tonnage duties. An Act to vest in the Mayor and Aldermen of the City of Savannah,, the right to appoint the Health Officer for the port of Savannah, and to regulate the compensation to bcalloiced the said Health Of¬ ficer, and the harbor-master of said port, for their services ; and to repeal the several laics imposing a duty on tonnage in the river and harbor of Savannah ; and to appropriate the funds unexpended in the hands of the Commissioners heretofore authorized to receive the same.—Approved Dec. 19, 1823. . Vol IV. 452. Mayor and 18. Sec. I. The Mayor and Aldermen of the City of Savannah of Savan^ shall, on the first regular meeting in December next, (1823,) and an- nah annu- nually on their first regular meeting in December thereafter, proceed aheaithof-by ballot to elect a health officer for the port of Savannah, who shall ficerforthebe under the direction and control of the said Mayor and Aldermen, vannah.ha" all '^eri Commissioners of Pilotage, for the port and har- missioners bor of Savannah, shall be elected by the Mayor and Alderman of the aLPll0t City of Savannah, at their first regular meeting in January next; Six make a any six of whom shall constitute a quorum to transact businessf; quorum an(j nQ owner or part owner Gf a pilot boat, shall be eligible to the Tacancies. app0jntrnent of a Commissioner of Pilotage. All vacancies occur¬ ring, shall be filled by the said Mayor and Aldermen; and six * See sec. 32. t See sec. 57. AGRICULTURE AND COMMERCE—Shipping, &c.—1830. 43 Commissioners—Oath—Appeal—Pilot's QuahaefiMon—Interrogatories. months' absence shall be considered to vacate the seat of a Commis¬ sioner of Pilotage. 27. Sec. VI. Every Commissioner of Pilotage, before he enters Oath of on his duty as such, shall take and subscribe the following oath or affirmation, to wit:—" I, A B, do solemnly swear, (or affirm, as the pilotage, case may be,) that I.am a citizen of the United States, and an in¬ habitant of the State of Georgia : and that I-will truly and faithfully discharge the duty of a Commissioner of Pilotage, without fear, fa¬ vor, or affection, so help me God." 28. Sec. VII. In any case when a pilot'shall be suspended, or Pilots may when any fine exceeding the sum of twenty dollars shall be im-jj^®^ posed, by any sentence, judgment, or decision of the said board of commis- Commissioners; or when the license or warrant of such pilot shall thTsuperi- be annulled or revoked by any sentence, judgment or decision, of the ™ Court, said board of Commissioners, then and in such case, the person so fined, or pilot so suspended, or whose license or warrant shall be re¬ voked, may petition the Judge of the Superior Court of the County in which such sentence of judgment shall be passed or made, setting forth on oath the circumstances of the case : a copy of which peti¬ tion shall be served on the acting Chairman of said Board, or oy the Secretary thereof, at least three days before the return of any rule thereon, and if upon the reading such petition, and upon the return of the rule nisi which he shall grant in such case, the said Judge shall be of opinion that there is sufficient cause for the allowance of an appeal, he shall thereon direct an issue to be made up, between the said Commissioners of Pilotage and the said appellant; which burned by shall be tried by a special Jury to be selected from the panel of the special Grand Jury, in the usual manner, at the next term of the said Court my' thereafter, unless good cause be shown for a continuance ; and if upon such trial, a verdict shall be returned in favor of the appellant, then and in such case, the said Judge is hereby authorized and re¬ quired to make an order, remitting such fine, or restoring the said suspended pilot, or the pilot whose warrant or license has been re¬ voked as aforesaid, and which order shall be final in the case. 29. Sec. VIII. No person shall receive a certificate to act as pilot, until he shall have served two full years in a decked boat, and tions. have given satisfactory evidence of character and skill. Every cer¬ tificate pilot shall serve eighteen months, before he shall be entitled to an increased authority : Provided, That in case of emergency, Additional the Commissioners of Pilotage shall, by and with the advice andpilot3' consent of the Mayor of the City of Savannah, appoint such addition¬ al pilots as the said Mayor shall deem expedient; the restrictions contained in this section to the contrary notwithstanding. 30. Sec. IX. When the evidence of any person not a resident Interroga- in ibe County wherein.an appeal may be allowed, or whose present examine0 attendance in Court cannot conveniently be had, may be required in w*taesses. any suit or proceeding in said Court, under this Act, it shall be law¬ ful for the Clerk of said Court, to issue a commission to two or more persons therein to be named, authorizing them to examine such per¬ son in the manner usually pursued in the Superior Court: Provided, the party seeking such evidence, shall serve the adverse party, or his 44 AGRICULTURE AND COMMERCE—SHIPPING, &C. 1S30~'32. Additional Bond. Notice. or their attorney, with a copy of the interrogatories to he exhibited to the witness, at least three days before the issuing of the commis¬ sion : and the examination of such witness shall be read on the trial of said case*. Repealing 31. Sec. X. The whole of the third section, and the words, "or TRirts of tlie act of 1799. any one of them," which follow the words, "in his duty to the Commissioners," in the first sentence of the seventh section, and the latter clause of the said seventh section, of the Act passed the sixth of December, 1799, beginning with the words, " if such suspended pilot shall under any pretence," and all laws and parts of laws mili¬ tating against this Act, be, and the same are hereby repealed. An Act to amend the several laws of force in this State, regulating the pilotage of vessels to and from the ports and harbors of this State ; and more distinctly to define the powers and jurisdiction of the Commissioners of Pilotage, for the several ports and harbors thereof; passed Dec. 23d, 1830 ; and to vest certain powers in said Commissioners of Pilotage.—Approved Dec. 24th, 1832. •Pam. 145. 32. Whereas, in and by said Act, it is enacted, that every pilot to be licensed, shall give to the Commissioners of Pilotage, a bond with two or more sufficient securities, to be approved of by said Commissioners, and made payable to the Governor, in the sum of two thousand dollars, conditioned for the due execution of their of¬ fice, and for their abiding by the decrees, arbitraments and awards of the Commissioners of Pilotage, made in pursuance .of the authority vested in them by law ; and whereas, there is no provision made in said Act, or in the Acts to regulate the pilotage of vessels, passed previous to said Acts, to compel said pilots in case their securities be¬ come insolvent or depart this life, to execute other bonds with new securities : and ivhereas, certain other powers delegated to the Com¬ missioners of Pilotage for the several ports of this State, in and by the several Acts of force in this State, regulating the pilotage of ves¬ sels to and from the several ports of the same, are inadequate for the purposes contemplated ; for remedy whereof, Commis'rs Be it enacted, That whenever all or any of the securities of any cu^reTfniTf pilots of the several ports and harbors of this State, now li¬ fers further censed or hereafter to be licensed, shall have or may hereafter, in the security!1' opinion of the Commissioners of Pilotage for said several ports and harbors, become insolvent or depart this life, it shall be the duty of said Commissioners of Pilotage, to require said pilot or pilots, whose securities or any one of them, shall have or may hereafter become in¬ solvent, or shall have or may hereafter depart this life, to give other bonds with other securities, in the form and mode prescribed and re¬ quired by the Act aforementioned, passed Dec. 23d, 1830 ; and on their refusing so to do, after thirty days' notice to be given by said Commissioners through their messenger to said pilots, that said Com- * See sec. 33 and 36. AGRICULTURE AND COMMERCE—Shipping, &c.—1832. 45 Subpoenas—Defaulting Witnesses—Interrogatories. missioners shall be, and are hereby required to revoke the warrant or license of every such pilot so refusing to giye such new bond with such new securities, and said pilots so refusing, shall thenceforth [be] or suspend totally suspended, and be deemed incapable to receive and take anythem- fee, gratuity or reward, for the guiding or piloting of any ship or ves¬ sel, inward to, or outward of the said ports. 33. And be it further enacted, That where the attendance of Mayissue any person shall be required as a witness before the Commissionerssabp'' all donations, gifts and grants privileges and immunities, whatsoev¬ er, which may be conveyed or transferred to said corporation, to and buy have and to hold, buy, sell, and use the same for the proper use and and sell, benefit 0f ^4 corporation : Provided, the corporators aforesaid shall pass 110 by-laws infringing the rights and privileges of any person or persons who may buy or sell in, or trade to Savannah ; but said by¬ laws shall exclusively relate to and govern the intercourse between merchant and merchant, and between domestic and foreign mer¬ chants ; and provided further, that nothing herein contained shall turf11may Prevent any future Legislature from altering, amending, or abolish- aiter er ab- ing this incorporation, whenever they shall find the public good re- °hsh. quires it. Sec. IY. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to amend the laws of this State regulating Pilotage, and defining the powers of the Commissioners of Pilotage, and fur¬ ther to protect the navigation of the Savannah river, so far as the bar of Tybee and port of Savannah are concerned—to authorize the Judge of the Superior Court of Chatham County to hold special Courts in certain cases, and for other purposes.—Approv¬ ed Dec. 30, 1847. Pam. 238. . Wharves 44. Sec. I. Be it enacted, That it shall be the duty of the Com- CTtobe an-missioners of Pilotage to examine annually in the month of June, andnedei" aT1(^ a* suc'1 ot^er tbnes as they may deem proper, the several wharves now constructed or hereafter to be constructed on either bank of the Savannah river, from Ray's Hall to the ocean, or along the%hores of Hutchison's Island, and should any of such wharves seem to them to require repair, or be found in such situation as in their opinion to threaten injury to the river, they shall cause the same to be inspect- AGRICULTURE AND COMMERCE—Shipping, &c.—1847. 49 Inspection of Wharves—Obstructions in River. ed by an Alderman of the City of Savannah, a wharf owner, and a inspectors master carpenter or wharf builder; and if said surveyors shall be of opinion that such wharves, or any one of them, require repair or al¬ teration, or are, or is, in a situation to threaten injury to the river, then the owner or owners or tenant or tenants of said wharves or wharf shall, within one week after notice to that effect shall have Repair by been served upon her, him or them, begin to repair and continue in owneis- good faith and with reasonable diligence, to alter or repair said wharf, or place the same in proper condition ; and if he, she or they shall 0n refusal neglect or refuse so to do, it shall be the duty of the Commissioners bJ'. c.om; of Pilotage to cause the same to be done, and they may recover 1S' against the owner or tenant of said wharf or wharves, his or her agent or representatives the expenses incurred by them in effecting said ob¬ ject, together with the sum of two hundred dollars in the nature of 200 dolls damages, the whole to be recovered in a special action of the case, to damages, be brought by said Commissioners of Pilotage in the Superior Court of Chatham County, and the judgment of said Court shall operate as a lien on said wharf or wharves from the time of the institution of said action, so as to cut out all liens on said wharf or wharves, and Lien, all conveyances of the same, which may have accrued or been exe¬ cuted intermediate the institution of said suit and the filing of said judgment. 45. Sec. II. Nothing in the above and foregoing Act shall be so rafts, construed as to prevent rafts of any kind from lying in the Savannah river forty-eight hours at or near the wharves on the Savannah. 46. Sec. III. If any vessel, wreck, or hulk, hauled up as unsea- Breaking worthy, shall be broken up, or attempted to be broken up, elsewhere ^r^s®.a" in the Savannah river between Ray's Hall and the ocean than at aseis. ^es spot designated by the Chairman of the Commissioners of Pilotage, the person or persons breaking up the same shall be guilty of a mis¬ demeanor, and on conviction thereof before the Superior Court of Chatham County shall be fined in the sum of five hundred dollars, and the- master, owner or consignee of such vessel, wreck or hulk Fine_ shall forfeit to said Commissioners a sum not exceeding two hundred dollars, to be assessed by them, and to be recovered by action of debt in the Superior Court of Chatham County. 47. Sec. .IV. Whenever any vessel, wreck or hulk in said river Such ves_ shall be deemed by said Commissioners to be unseaworthy or liable sels> to sink, it shall be the duty of said Commissioners to give notice to the owner, consignee, master, or person having charge thereof, or any one of them, to remove the same, within three days, to such spot as shall be designated in said notice ; and in case of the failure of such person or persons so to remove the same, it shall be the duty shall of said Commissioners to cause the same to be removed as aforesaid, and the owner, consignee, master, or other person, shall forfeit and pay to said Commissioners a penalty not exceeding five hundred dol- penaity, lars, to be assessed by said Commissioners, and to be recovered by action of debt in the Superior Court of Chatham County. 48. Sec. V. If any vessel, boat, flat, hulk, wreck, raft or other obstrue- erection or obstruction of any kind, shall be sunk, or permitted orti■-« -rd i _r; jje0es a ad. subject to the same penalties as Commissioners AGRICULTURE AND COMMERCE.—1Tobacco—1786-'91. 53 Inspectors not to sell. are now allowed. Fees to be the same as at Savannah bar. Non-residents not to be appointed. Note 3. The Act of Congress of 1789, [1 Gjrayd. Digt. 280] directs (sec. 4,) that all pilots in the United States shall be regulated in conformity with the laws of the States respectively, until further legislative provision shall be made by Congress. ART. XIV.—'TOBACCO. Sec. 1. Restriction on Inspectors. " 2. Tobacco Inspection. " 3. Duty of master of vessel. " 4. Scales and Weights. " 5. Inspectors—appointment and re-1 moval. " 6. Inspectors' duty. " 7. Size of Hogshead. " 8. Printed receipts, &c. 9. Refused Tobacco. " 10. Tobacco Transfer. " 11. Order from Owner. " 12. No additional fees. " 13. Lost receipts. " 14. Inspectors' fees. " 15. Transfer Tobacco. " 16. Hogsheads' Weights. Sec. 17. Warehouses. 18. Light crop Tobacco. 19. Pickers and Coopers. 20. Brand. 21. Coopers' fees. 22. Pickers' fees. 23. Weights adjusted. 24. Inspectors may cooper. 25. Appointment of. 26. Restrictions on. 27. Pickers' oath. 28. Inspectors' liability. 29. Refused Tobacco. 30. Quality of Tobacco. 31. Marks of Hogsheads. 32. Inspectors' oath. 33. Rates of Storage. An Act to regulate the inspection of Tobacco.—-Approved Feb. 14, 1786. Yol. I. 544. And whereas, it is highly improper that the same person should he inspector and vender of tobacco : 1. Sec. XIY. Be it enacted, Sfc. That no person to be appointed inspector of tobacco by virtue of this Act shall be allowed to sell inspectors tobacco as aforesaid,* unless the same shall be of the growth and no tobacco, manufacture of his own plantation or plantations, and then he shall sudl as 'till- 0y m.R'v produce a certificate signed by two or more of the inspectors to be raise them- appointed as aforesaid of its being so ; and any person who shall sell selves> in violation hereof, on conviction before the Superior Court of the County in which he shall reside, shall be discharged from acting as inspector, and the said Court shall proceed to apooint another in his p!}in.of i ' J. ajl dismission stead, and the persons so offending shall be liable to a fine not exceed- and fifty ing the sum of fifty pounds, which shall be sued for and recovered poundsfine in any Court of Record in this State., and paid into the public treas- H0wrec0v. ury thereof; and the person or persons making information against ered and such offender, shall be entitled to one half the amount of said fine. applietl" [All the rest of this Act repealed or re-enacted by the following Act of 1791.] An Act for regulating the inspection of Tobacco.—Approved Dec. 23, 1791. Yol I. 545. Whereas, it has been found by experience that the several laws now in force for regulating the inspection of tobacco throughout this State, are unequal to the purpose for which they were intended: *Nor purchase. Sec sec. 26. 54 AGRICULTURE AND COMMERCE.—TOBACCO—1701. Inspected before exported—Manifests. No tobacco 2. Sec. I. Be it enacted, &'c. That from and immediately after to bo ex- ' ported' the passing of this Act, no person shall put 011 board or receive into spection'at airy ship, brigaiitine, schooner, sloop, bylander, boat, or ether vessel, someestab-in order to be exported therein, any tobacco which shall not have warehouse. ^een Packed in hogsheads or casks, upon any pretence whatever, before the same shall have been viewed and inspected according to the directions of this Act; that all tobacco whatever to be received or taken on board any ship, brigaiitine, schooner, sloop, bylander, or other vessel, and to be therein exported, or to be carried and put on board any other ship, brigaiitine, schooner, sloop, bylander, or other vessel for exportation as aforesaid, shall be received or taken on board at the several warehouses for that purpose hereinafter men¬ tioned, or some or one of them, and at 110 other place or places what- vors of cus-soever : -A-iid any master, mate, or boatswain of any ship or other toms to ad-vessel, which shall arrive in this State in order to load with tobacco aii'oaths to during the continuance of this Act, shall, before the said ship or vessel masters, be permitted to take on board any tobacco whatever, make oath before tobacco!118 ^ie collector of the customs of the port where such ship or vessel shall arrive, which oath the said collector is hereby empowered and required to administer, that they will not permit any tobacco whatso¬ ever to be taken on board their respective ships or other vessels, except the same be packed in hogsheads or casks, stamped by some inspector legally thereunto appointed, which oath they shall subscribe in a Meters of book t0 pe kept for that purpose by the said collector. And if any causingim-master shall cause any person who is not really and bona fide mate sons'toPer"or boatswain, to come on shore and take such oath, he shall for said take this otfence forfeit and pay five hundred pounds ; and if any commander or felt£t.500>r"master °f any ship or vessel shall take on board, or sulfer to be taken and for put- on board the ship or vessel whereof he is master,, any tobacco brought bonrd to- from any other place than such public place herein mentioned, or bacco, con- any hogshead or cask of tobacco not stamped by such lawful in- this act, spector, or shall suffer to be brought on board any tobacco except in twenty hogsheads or casks stamped as aforesaid, every such commander or pounds tor each hogs- master, shall forfeit and pay twenty pounds for each hogshead, one head. moiety thereof to the use of the informer, and the other moiety to the use of the State, to be recovered by bill, plaint, or information before any Court of Record, vessel"iaf ^EC' -^very master °f a sbip or vessel wherein tobacco den with shall be laden, shall at the time of clearing out deliver to the collector* deliver0' t0 a manifest of all the tobacco 011 board his ship or vessel, express- manifests ing the marks and numbers of every hogshead, and the tare and net th^coiiec- weight stamped thereon, the person by whom shipped, and from what tor to be warehouse, and shall make oath thereto, that the same is a just and Treasurer" true account of the marks, numbers, tare, and net weight of each respective hogshead, as the same was taken down by the person or persons appointed by him to take the same, before the said tobacco was stowed away ; and no ship or vessel shall be cleared by the col¬ lector before he shall have received such list or manifest, which shall by the said collector be transmitted to the Treasurer of this State for the time being. AGRICULTURE AND COMMERCE.—Tobacco—1791. 55 S a cs and Weight;—Warehouses and Inspectors—Inspectors' Duties. Sec. III. [The first part of this section is local, and the rest re¬ pealed by sec. 33.] 4. Sec. IV. There shall be kept at the several warehouses herein Scales and appointed, and all ethers hereafter to be appointed,* a good and suf-be'prowi-0 ficient pair of scales with weights sufficient to weigh 1,500 weight at edby the least, and a set of small weights, the same that are or ought to be of "ware"13 provided for the standard weights of each County ,f and the proprie- houses, tors of such warehouses provide the same. 5. Sec. V. All tobacco brought to any of the public warehouses, judges of shall be viewed, inspected, and examined by two persons thereunto Court^o^ appointed, who shall be called, inspectors, which said inspectors shall appoint m- be appointed in the following manner, that is to say : The judges of sPect01s- the Inferior Courts in the several Counties in which inspectors are appointed]: (except as hereinafter is excepted) shall, at then- County Courts to be held between-the first day of May and the first day of September in each year, nominate and appoint three fit and proper persons for inspectors at each of their several warehouses within their respective Counties, who shall be commissioned by the Governor ; the two first in the nomination shall be considered as the acting inspectors for the ensuing year, and in case of sickness, death, or inability of Third in- either of the two first inspectors, the third shall act, and also on the spector to disagreement of the said inspectors, the third shall be called in to tam cases? decide on such hogshead or hogsheads of tobacco, and the said Judges shall have power on complaint in writing being lodged in the office of the Clerk of the Inferior Court, and being duly notified thereof by such Clerk, such Justices, or any three of them, shall within three days after such notice to them given, summon the inspec¬ tor before them, first ordering a copy of the complaint to be served Inf c&urt on him or them, and within five days thereafter, such Justices shall dis¬ consider such complaint, and may continue or dismiss from office ? poor's, him or them, as the Court shall judge just; and such Courts shall fill up a]J vacancies that may happen at any of their said Courts, to continue to the end of the then inspection : Provided always, and On death he it enacted, That the third inspector, on the death or removal of any inspector in' the same nomination, shall be considered as inspec- tor, and shall act accordingly : And provided, nevertheless, That spector where the Inferior Courts shall fail to nominate persons for inspectors,sha11 act* the Governor is hereby empowered to make such appointments, [ex- Shan give ception as to Augusta repealed—see sec. 25,] and that every person security in so appointed inspector by virtue of this Act, shall, before he enters 500 pounds on the execution of his office, give bond with security in the penalty of five hundred pounds, payable to the Governor for the time being, and his successors in office ; conditioned for the true and faithful performance of his duty according to the directions of this Act, and liable to be put in suit upon any neglect of duty, which bond shall be given or entered into before the Inferior Court, or any Judge thereof, and lodged in the Clerk's office of the County. Inspector-* 6. Sec. VI. All inspectors to be appointed by virtue of this Act])erui at (he warehou.- ^'For the Acts locating warehouses, see v d. I, 543, 553 to 559. vol. II, 121, 246. SCS* fSec " Weights and Measures" under this title, art. XVI. 56 AGRICULTURE AND COMMERCE—Tobacco—1701. Receipts—Size and weight of Hogshead. shall constantly attend their duty at the warehouse or warehouses under their charge, from the first day of October till the first day of August yearly, (except Sundays,) and the holidays observed at Christmas, Easter, and Whitsuntide, or when hindered by sickness; and afterwards they, or one of them, shall constantly attend at the same, except Sundays, to deliver tobacco for exportation, until all the tobacco remaining there the said first day of August be deliver¬ ed, and no inspector shall be obliged to view any tobacco between How habie the said first day of August and the said first day of October; and or neglect jnSpector neglecting to attend as aforesaid, shall forfeit and pay to the party aggrieved, five shillings for every neglect, or shall be li¬ able to an action to recover all such damages as he or they shall have sustained by occasion of dvery such neglect, together with his Their duty, or their full costs, at the direction of such party ; and that all per- be inspect" sons having tobacco at the public warehouses may have equal jus- edin turn, tice, the inspectors shall enter into a book, to be kept for that pur¬ pose, the marks and owners' names of all tobacco brought to their spected" respective warehouses for inspection, as the same shall be brought in, and shall view and inspect the same in due turn as it shall be entered in such book, without favor or partiality, and uncase and if sound, break every hogshead or cask of tobacco brought to them to be in- lbs^/ight0 sPecteh as aforesaid ; and if they shall' agree that the same is good, shall issue sound, well conditioned, merchantable, and clear of trash, then such a receipt. topacco gpajj pe weighed in scales with weights of the lawful stand¬ ard, and the hogshead or cask shall be stamped in the presence of the said inspectors, or one of them, with the name of the warehouse at which inspected, and also the tare of the hogshead or cask, and quantity of net tobacco therein contained; and the inspectors at such warehouse shall issue a receipt for each hogshead of tobacco they shall pass, if required by the owner, if the same weighs 950, which receipt shall be in form following, to-wit :* River, Warehouse, the —day of -, 179 Form of ~ ' Sweet Scented. Leaf. the receipt. Mark. No. Oronoeo. Gross. I Tare. I Net. Stemmed Leaf. Gross. I Tare. I Net. Gross. | Tare. | Net. Received of , hogshead of crop tobacco, marks, numbers, weights, and species, as per above, to be delivered by us to the said , for exportation, when demanded. Witness our hands, the day of , 179 . Size and 7. Sec. YII. The size of the hogshead or cask shall not exceed weight of forty-nine inches in length, and thirty-one inches in the raising head, hogshea s. ^ weigh 950 pounds net at least. Receipts to 8. Sec. YIII. No inspector or inspectors shall, under any pre- be Prjn^ tence whatever, issue a receipt any other than such as shall be print- penedtyof ed, in which the date shall be inserted at full length ; and if any in- 20 pounds. Spector or inspectors shall presume to issue a receipt in any other manner than is hereby expressed, he or they, for such offence, shall *But sec sec. 30. AGRICULTURE AND COMMERCE—Tobacco—1791. 57 Disputes—Refused Tobacco—Transfer Tobacco. forfeit and pay twenty pounds, to be recovered with costs by any person who may sue for the same in any Court within this State having cognizance thereof; which receipts as aforesaid shall be fur- On disa- nished by the proprietor of the warehouse ; but if the said two inspect- fn passing ors shall at any time disagree concerning the quality of tobacco ^batc£°'d brought for their inspection to any warehouse under their charge, inspector they shall, as soon as conveniently may be, call in an additional in- ^eed in¬ spector appointed to attend such warehouse, who shall determine, and es it! heSS* pass or reject such tobacco ; and if he shall pass the same, his name ?ha11 enter x J j x j IllS XLR3B6* shall be entered in a book kept by the inspectors appointed, opposite the mark, number, and weight of the hogshead by him passed, togeth¬ er with the name of the inspector at such warehouse who shall offi¬ ciate with him ; and the inspectors at each of the warehouses estab- b^kfp/at lished by this Act, shall constantly keep so many able hands at theirthe waxe- respective warehouses, not less than two, for the purpose of taking ouse* care of all tobacco brought to such warehouse, and stowing it away n0 inspec- after the same shall be inspected and stamped ; and it shall be law- tor to be concerned ful for the inspectors to employ the said hands in the yard when not in picking, otherwise sufficiently employed by this Act; and no inspector shall, pg,.^^ by himself, his servant, or any other person, either directly or indi- disquaUfi- rectly, be concerned in picking any refused tobacco (unless it be hiscatl0n- own property) on any pretence whatever, under the penalty of being forever thereafter disabled from holding the office of inspector. 9. Sec. IX. When any tobacco shall be refused by the inspector, Refused the proprietor thereof shall be at liberty to separate the good from hmv to°be the bad • but if he refuses or neglects to do so within,'one month ofPicked- such refusal, the inspectors shall employ one of the pickers attending to the warehouse, to pick and separate such refused tobacco, and give the owner credit for so much thereof as shall be found merchantable, after paying the pickers one-tenth part of the quantity saved. [The rest of the section directing refused tobacco to be burned, repealed. See sec. 43.] 10. Sec. X. When any tobacco shall be brought to any warehouse Transfer for the discharge of any public or private debt or contract, in bulk ortobacco- casks, the inspectors, or one of them, after they have received, ex¬ amined, and weighed the said tobacco according to the directions of this Act, shall deliver to the person bringing the same as many re¬ ceipts under the hands of the said inspectors, as shall be required for the full quantity of tobacco so received by them, in which shall be expressed whether the tobacco received be sweet scented, Oronoko leaf, or stemmed, which receipt shall be in the form following, to wit: River Warehouse, the day of Received of , pounds of transfer tobacco, to be delivered on demand to him or his order. notU)deF 11. Sec. XI. From and after the passing of this Act, if any in- ver out to- spector shall presume to deliver any tobacco in his warehouse without an order from the owner or proprietor of such tobacco, every inspect- from the or so offending, and being thereof duly convicted in the Superior ^"penalty Court or the Inferior Court of any County, shall be incapable of serv- ofdisquain ing ever after as an inspector in this State, and shall moreover be £50 fine. 5S AGRICULTURE AND COMMERCE.—'Tow a coo—1791. Lost ltcccipts—Inspector'' Foe.'—Transfer Tolnuxo. liable to pay a penalty of fifty pounds, one half to the informer, and the other half to the use of the State, to be recovered by bill, plaint or information. Shall re- 12. Sec. XII. No inspector shall accept or receive, directly or additional indirectly, any gratuity, fee, or reward for any thing by him to be fee on pain done in pursuance of this Act,' other than his said allowance or fees pounds ^ct a^owe(l: such inspector, being thereof convicted, shall forfeit and pay one hundred pounds, to be recovered with costs by any person who shall inform and sue for the same. And be it also cnact- Persons ed, That if any person hereafter shall make a fire within any of the fircs'in or public warehouses, or within fifty yards of such warehouse, other near a ware than in a room for the use of the inspectors, or in some house having toJT' a chimney, such person or persons shall for every such offence, forfeit punished, twenty pounds, to be recovered with costs by information, to the use of the informer ; and if a servant or slave, he or she shall, by order of some Justice of the Peace, receive on his or her bare back twenty- five lashes for every such offence. Sec. XIII. [Inflicting penalties for forging receipts, stamps, &c. of inspectors ; superseded by the Penal Code. See Penal Laws, 11 div. of the code.] Sec. XIV. [Also superseded by the Penal Code.] Lost 13. Sec. XV. If any inspector's receipt be actually lost, mislaid, receipts, or destroyed, the person or persons entitled to receive the tobacco by li^hed! a "virtue of any such receipt, shall make oath before any Justice of the Peace of the County where the same is payable, to the number and date of every such receipt, to whom and where payable, and for what quantity of tobacco the same was given, and that such receipt is lost, mislaid, or destroyed, and that he, she, or they, at the time such re¬ ceipt was lost, mislaid, or destroyed, was lawfully entitled to receive the tobacco therein mentioned ; and shall take a certificate thereof from such Justice, and upon producing a certificate thereof, the in¬ spectors who signed such receipt and lodging the same with them, the inspectors shall and they are hereby required and directed to pay and deliver to the person obtaining such certificate the tobacco for which any such receipt was given, if the same or any part thereof shall not have been before by them paid by virtue of the said receipt, and shall be thereby discharged from all actions, suits, and demands on account of such receipt, and if any person shall be convicted of making a false oath, or producing a forged certificate, in the case aforesaid, such person shall suffer as in case of wilful and corrupt perjury or forgery as the case may be. ,14. Sec. XVI. The inspectors at the several warehouses, except fees.eC °rS Gall's, Richmond,* and Augusta,* shall be and they are hereby enti¬ tled to receive for each hogshead of tobacco by them inspected, the sum of two shillings, which shall be paid the inspectors by the mer¬ chants, or other persons to whom the same shall be delivered. [For the oath of the inspectors, see sec. 32.] 15. Sec. XVII. The inspectors at the different warehouses in this State shall, and they are hereby required to prize up all such * But see sec. 23. AGRICULTURE AND COMMERCE.—Tobacco—1791. 59 Regulations as to Warehouses and Hogsheads. py reels of transfer tobacco as shall or may be lodged in their respec- transfer tivo warehouses, into crop hogsheads to contain 950 pounds net, or when to' be up wards each, within two months after the date of the receipt pass- ed or given by the inspectors for such tobacco, and the said inspect-heads. ° ors shall keep a book to be called a transfer book, in which an exact and particular account of all such parcels of tobacco shall be kept ; arid where any person or persons holding such transfer receipts to the And how amount of 950 pounds, and producing the same to such inspectors, such trans- they shall deliver to such owner or proprietor a crop hogshead or hogs- iTto°beCC° heads of tobacco to the amount of such receipts, first deducting from such receipts the sum of eight per centum, for cask, shrinkage, and priz¬ ing the same, for which they shall pass their receipts or notes ; and the several inspectors at each of the warehouses within this State, shall proceed to sell all the transfer tobacco that may remain in their pos¬ session on the second Monday in September annually at the ware- he rise in the respective Counties, and the inspectors selling such transfer tobacco shall be accountable to the owner or owners of such transfer tobacco for the moneys arising from such sales, deducting at the rate of eight per centum for wastage, cask, prizing, and cooper¬ age. 1(5. Sec. XVIII. Every hogshead of tobacco shall have at least Hogsheads six good hoops, and the owner or owners of such tobacco failing to hooped, have his, heryor their tobacco in such state, shall he obliged to pay the inspectors for finding such hoop or hoops the sum- of twopence per hoop, before the delivery of such tobacco: And the Inferior Weights at Court of the County in which such tobacco inspections may be, is houses to hereby directed to appoint some fit and discreet person or persons to examine the weights at the different inspections on the first Mon- inferior days in October and January in each year, and regulate the same0tlurt' agreeably to the standard of this State.* 17. Sec. XIX. Every proprietor or owner of a warehouse shall Ware- keep the same ill repair, and shall always have a sufficient shelter or b°kepUn house-room to secure all tobacco which shall be brought to the same, good repair the doors to be well secured by good locks, bolts, or bars ; in default proprietor whereof the owner or proprietor shall be accountable, and pay to the or they person or persons whose tobacco shall be lost or damaged, all damages fnr& aiiratile and costs, which may be recovered by action in either of the Superior damages, or Inferior Courts : And the Courts of the several Counties within this To be ex- State wherein any warehouse for the inspection of tobacco now is, or may hereafter be established, shall, and they are hereby required at the infnor their first meeting annually to appoint three of their number to ex-Court* amine from time to time into the state and condition of such ware¬ houses, and whether they are built and secured according to this Act, and the Justices so appointed, or any two or more of them, finding that the said warehouses are not in good and sufficient repair, shall within ten days, give notice in writing to the proprietor or proprietors fails of such warehouse or warehouses to repair the same, and if such to repair, proprietor or proprietors, having notice as aforesaid, shall refuse or count"01 neglect so to do within two months from the time of such notice, ithave u . doue, ItSJnn << Woirrhta nilfi iVIPUSlirOS. tills LlLil". Ui.. 60 AGRICULTURE AND COMMERCE—Tobacco—1701-'93. Pickers and Coopers—Fees—Brands. shall and may be lawful for the Justices so appointed, or any two or more of them, to let such repairs to the lowest bidder, taking bond with sufficient security of the undertaker, in double the sum to be paid him for such repairs, conditioned for the due performance there- and the > an(^ the inspectors at any warehouse wanting repairs as aforesaid, inspector are hereby empowered and directed to stop in their hands the amount storagcto °f the sum so to be paid for such repairs, out of the moneys arising ♦he on storage, which money so stopped as aforesaid shall be paid into 311101111' the hands or to the order of the Justices letting such repairs, to be by them paid to the undertaker thereof. Hogsheads 18. Sec. XX. From and after the passing of this Act, any per- less'than son or Persons bringing to any of the aforesaid warehouses, any hogs- 950 lbs head or hogsheads of tobacco, and the inspectors on weighing the transfer aS same shall judge it good and merchantable, according to the direc- hogsheads tions of this Act, and under 950 pounds net, such tobacco shall be kept by the inspector, marked in their transfer book as light crop tobacco, but no receipt or note shall be given for the same in less than two months, except the owner or proprietor thereof shall require the same, and the owner or proprietor of any such hogshead may at any time within two months prize into such light hogshead so much other tobacco as will make the same 950 pounds net or up¬ wards, in which case the inspectors shall pass their receipt for the same as crop tobacco, and mark it on their books as such: And if the owner or proprietor of such tobacco shall neglect or refuse to prize the same within two months, the inspectors shall and may con¬ sider the same as transfer, and shall be allowed the same per centum thereon as on other transfer tobacco ; and whenever, from the situation and condition of any hogshead of tobacco, the inspectors find it ne¬ cessary, they shall have the same repacked, and for every such hogs- Aiiowance head the pickers shall be entitled to receive for their services, in priz- to pickers. anq C00pering the same, the sum of five shillings, except it be done by the owner of such tobacco. Pickers 19. Sec. XXI- No person shall attend any warehouse to pick and coop- refused tobacco, or act as a cooper, except he shall have been ap¬ pointed pointed by the Court and approved of by a majority of the inspectors by the at such warehouse. [Their oath, sec. 27.] And the pickers and coopers so appointed shall be under the directions of the inspectors: But the Provided, that nothing herein contained shall be construed to pre- "'ckeanday veilt ^ie planter from picking or coopering his own tobacco ; and cooperhis the planters shall at all times have the free use of prizes for that pur- pose. tobacco. Hogsheads 20. Sec. XXII. The several inspectors appointed by this Act coopered! s^a^ t>e obliged to deliver each hogshead to the person shipping the & branded same, well coopered, with at least six good hoops ; and every hogs- wordthe head of tobacco, before it be removed from any warehouse within "Georgia." this State, shall be branded with the word " Georgia," in letters of one inch long, which brand shall be provided at the expense of the owner or owners of each respective warehouse. Coopers' 21. Sec. XXIII. From and after the first day of October next, fees. the coopers at each of the several warehouses shall have and receive for each hogshead by them coopered, and for finding nails, the sum AGRICULTURE AND COMMERCE—Tobacco.—1791-'98. 61 Weights—Inspectors—Appointment—Privileges. of one shilling and sixpence, and no more, to be paid by the owner thereof; and if any cooper or coopers shall demand or receive any greater fee or reward for such services, he or they shall for every Penalty for such offence forfeit and pay fourfold to the. .party aggrieved, to be re- °^ge. covered before a Justice of the Peace in the County where such of¬ fence is committed ; and on being convicted thereof, shall be render¬ ed incapable of acting as a cooper at any of the warehouses thereaf¬ ter. 22. Sec. XXIV. From and after the passing of this Act, the pickers' pickers at the several warehouses shall have and receive for their ti°0™pensas trouble in picking any refused tobacco, one-tenth part of all such to¬ bacco by them saved. [The rest of this section repealed. See sec. 24. Sec. XXV. and XXVI. [Repealed by Act of 1793, See vol. I. 555.] Sec. XXVII. [Repeals all laws repugnant to this.] An Act to establish an inspection of Tobacco on the Savannah River, " at the mouth oj Lightwood-Log Creek.—Approved Dec. 19, 1793. Vol. I. 555. 23. Sec. IV. The inspectors at the warehouses, known by the inspectors name of Richmond and Augusta warehouses, shall be entitled to re- Richmond ceive the same price for each hogshead of tobacco by them inspected, and as are allowed by law to the inspectors of other warehouses within k£^lusta t0 this State,* which shall be paid at the time of shipment. customary Sec. V. The weights at the several warehouses within this State ®es' shall be adjusted in the manner pointed out in a former law regulat- When to^be ing the inspection of tobacco, on the first Monday in January and adjusted. October annually.f [The rest of the Act local.] An Act to establish an inspection of Tobacco on the Savannah River, at the mouth of Cold Water Creek.—Approved Feb. 11, 1796.— Vol. I. 555. 24. Sec. III. It shall and may be lawful for the several inspect¬ ors of tobacco within this State, either by themselves or persons by ec ors them employed to cooper the tobacco which may be brought to their several inspections, who shall be entitled to receive the same fee which is allowed by law in this State for the coopering of tobacco,]; any law or custom to the contrary notwithstanding. [The rest of the Act local.] An Act for the better regulation of the inspection of Tobacco in this State, and for other purposes.—Approved Feb. 2, 1798. Vol. I. 553. Whereas, it has been found to be injurious to the interest of the * See sec. 14. t See 16. J See 21. 02 agriculture and oommlkol3—i obacco— *no te> any warehouse, shall presume to purchase or manufacture any facture tobacco within the time for which he or they is or are appointed, end painof1'°nbeing thereof convicted upon indictment in the Superior Court of disqualifiy the County he or they shall be incapable of ever after serving as i;.i- szsspeetor or .picker, (as the case may be,) in this State, and shall more- fine. over he fined in a sum not exceeding live hundred dollars, one half to the informer, who shall prosecute, and the other half to the County, inspectors 27. Sec. ii. Each inspector and picker, before entering an lite andpickers duties of his appointment, shall take and subscribe the following until respectively; viz. [for inspector's oath, see sec. 32.] Picker's oath : " i do solemnly swear, that i will carefully pick such refused tobac¬ co that i may have charge of, and will faithfully and truly make a return of the net proceeds thereof, without waste or embezzlement, to my knowledge ; and that i will not purchase any tobacco during the time that i am appointed picker ; and that i will not be concern¬ ed in the manufacturing of tobacco, either directly or indirectly: So help me God." Sec. iii. [Warehouse fees—superseded, sec. 33.] inbnfo0" 23. Ssc. iv. The inspectors of warehouses shall he liable for low or any loss, damage, or injury, which the owner of any hogshead of k;co.f tobacco deposited in the warehouse may sustain, at the suit of the snail oe sworn. Pickers* oath. AGRICULTURE AND COMMERCE—Tobacco—IS 15. 63 lie^cipts—Oath—Kates o;' St rage. party injured, unless it shall be made appear by the defendant, that the loss, damage, or injury was sustained by unavoidable accident. And if any loss, damage, or injury shall be suffered or sustaine i by And the inspectors from any neglept or omission by the proprietors in not ijaMe!to°r providing good and secure houses for the safe keeping of all tobacco.the deposited, the said proprietors shall be liable for such loss, damage, orinsPector"* injury to the inspectors. Sec. Y. [Repeals all repugnant Acts.] An Act to regulate the inspection of Tobacco in this State.—Ap- ' proved Nov. 30, 1815. Vol. III. 334. 29. Sec. I. From and after the first day of January nest, it shall Refused not be lawful for any inspector of tobacco in this State to burn ortobacco cause to be burned any tobacco, in pursuance of any law heretofore burned, passed in this State. 30. Sec. II. From and after the first day of January next, it shall The be the duty of the inspectors of tobacco within this State to inspect "^jC^ors any hogshead or hogsheads, cask'or casks of tobacco brought to the their rc. warehouse, at which they are already, or may hereafter be appointed distinguish inspector or inspectors, by qualities ; to wit: first, second, third, and the quality fourth qualities ; which qualities shall be fairly expressed in the face tobacco as of the receipt or manifest, which shall be given by the inspector who 1st, 2d, 3d, may inspect such tobacco. quality. 31. Sec. III. It shall be the duty of the inspectors aforesaid re-How hogs- spectively, at or before the issuing such receipt or manifest, fairly £eads are and plauly to mark or stamp on each head of each hogshead or cask marked, so inspected" as aforesaid the quality of the tobacco contained in such hogshead or cask ; and it shall also he the duty of the said inspectors Quality- fairly and plainly to mark or stamp on each hogshead and cask as ^Veisht- aforesaid the number, tare, and net weight, together with the initials Owner's of the name of the owner. initials. 32. Sec. IY. Before any inspector of tobacco shall proceed to inspect tobacco in pursuance of this Act, they shall respectively take and subscribe the following oath or affirmation, to wit:, "I, A B, inspectors' do solemnly swear or affirm, that I will diligently and carefully view, examine, and inspect all tobacco brought to the warehouse whereof I am appointed inspector, according to quality, and that not separate and apart from, but in the presence of my fellow : and I will not change, alter, or give cut any todacco, ether than such hogsheads or casks for which the receipts to be taken was given ; but that I will in all things well and faithfully discharge my duty in the office of an inspector, to the best of my skill and judgment, according to the directions of this Act, without fear, favor, affection, or the hope of reward, malice, or partiality: So help me God." 33. Sec. V. The proprietor of each warehouse shall be, and he Rate,. of is hereby entitled to demand and receive the sum of fifty cents, for storage the storage oi each hogshead of tobacco inspected at his warehouse, provided, the said tobacco does not lie longer in such warehouse than twelve m nut us, and for every month after, the proprietor or owner of 64 AGRICULTURE AND COMMERCE.—TURPENTINE—1847. Protection of Turpentine Business. To be paid such tobacco shall pay the rate of twelve and a half cents per month ; movai and whi°h duty or storage shall be paid to the several inspectors before the iuspec-the same be removed from the said warehouse, who shall be answer- table^01111' a^e t0 die owner or proprietor thereof, for the full amount of each storage by them received. Sec. VI. [Repeals all Acts repugnant to this.] An Act to establish a Tobacco Inspection in the Town of Athens, and to provide for the appointment of Inspectors.—Assented to Dec. 9th, 1841. Pam. 199. [Local.] An Act to establish a Tobacco Inspection in the Town of Rome, and to provide for the appointment of Inspectors.—Assented to Dec. 23, 1842. Pam. 176. [Local.] [Statutes omitted as obsolete, repealed, or superseded. Act of 1789. Vol. I. 554.] ART. XV.—1TURPENTINE BUSINESS.* Sec. 1. Time of firing woods. I Sec. 3. Punishment for "Whites. " 2. Three days' Notice. | " 4. For Slaves. An Act to protect those engaged in the " Turpentine Business f and to prevent the setting fire to woods or lands, except at certain times and under certain circymstances, so far as the Counties of Cam¬ den, Glynn, Mcintosh, Scriven, Jefferson and Washington are concerned.—Approved Dec. 29, 1847. Pam. 296. 1. Sec. I. Beit enacted, That from and after the passage of this Woods to Act, it shall not be lawful for any person to set on fire, or cause to only1 at set 011 fire? anY woods, lands, or marshes, in the Counties of Cam- certain den, Glynn, Mcintosh, Scriven, Jefferson and Washington, except times, t}le same be done between the first day of March and the first day of May in each and every year. 2. Sec. II. Any person in the Counties aforesaid, wishing or Then on 3 having intention to set on fire, or cause to be set on fire, any woods, days n°- lancjS; or marshes, adjoining the land of a person or persons engaged in the "Turpentine Business," shall give three days' previous no¬ tice to the occupant or occupants of said adjoining land, of his in¬ tention, and in all cases shall take effectual care to extinguish or as¬ sist in extinguishing said fire, to prevent its reaching said land ad¬ joining. Punish' 3* Sec. III. If any white person offend against the provisions of mentof this Act, he shall be indicted for a misdemeanor, and on conviction sonJ PGI> thereof, shall be fined a sum not exceeding fifty dollars, and imprison- *See " Beef, Pork, &c." sec. 3. AGRICULTURE AND COMMERCE—Weights, &c.—1803. 65 W. and M. to be marked by Clerk—Fees-. ed for a time not longer than three months, at the discretion of the Court. 4. Sec. IV. In case any slave or free colored person shall offend Slaves, against the provisions of this Act, he shall, on conviction before a Justice of the Peace, receive thirty-nine lashes. Sec. V. [Repealing clause.] 1. Secs. I. and II. [repealed by Act of 1839, except the following :] penaity f0r And if any person or persons whosoever, shall sell or attempt to sell selling by any article or thing by any other or less weight or measure than that than°iaw- so established, he, she, or they, so offending, shall forfeit and pay ^1dst'illr other produce are weighed or sold, he, she, or they shall be- liable to a penalty, civil or criminal, in a fourfold amount. Sec. VII. All laws and pirts of laws militating against this Act,, be, and the same are hereby repealed. 68 AGRICULTURE AND COMMERCE—Weights, &c.—1847. Tare on Cotton. An Act to abolish the allowance of tare or gross weight on bales of unmanufactured cotton.*—Approved Dec. 30th, 1847. Pam. 294. draft on ^EC- ^ Be it enacted, That from and after the pass ige of cotton this Act, the custom of making a deduction from the actual weight abolished. unmanufactured bales of cotton, as an allowance for tare or draft thereon, be, and the same is hereby abolished, and that hereafter all contracts made in relation to such cotton, shall be deemed and taken as referring to the true and actual weight thereof, without deduction for any such tare or draft, offender 16. Sec. II. Any purchaser or purchasers of cotton in this State, indict- who shall hereafter violate the provisions of this Act, shall be subject nient. to indictment in the Superior Court of the County where the offence was committed ; and on conviction thereof, shall be fined in a sum not less than five dollars for each and every bag or bale of cotton, from the actual weight of which such deduction shall have been made, or imprisoned in the County jail, at the discretion of the Court, not to exceed sixty days : Provided, That nothing in this Act contained shall prevent the usual deduction of two pounds from be¬ ing made from the weight of each bag of cotton having knobs or tugs thereon. * A former Act on this subject, vol. II. 346. ATTACHMENT AND GARNISHMENT—1799. 69 Grounds for Attachment. ATTACHMENT* AND GARNISHMENTS.—1799. Sec. 1. " 2. Attachment by Agent or Attorney. Issuing and proceedings on Attach¬ ment. Proceedings after return. Property in different Counties. Claims to Personalty. Attachment and Claims to Land.' Property returned by Garnishee. Making parties. In justices' Courts. Interrogatories. Lien of Attachments. As against Judgments. Defendant may replevy or plead. Debts not due. Third person as friend. Attachment by surety. Judgment for debt not due. Replevy. Act of 1799 in force. Attachment pending suit. Set-off. Garnishments, perld. lite. After Judgment. When Served. Failure to answer. Lien of Judgments. City Courts included. Garnishee in the County. Out of the County. Answer at 1st Term. Claims to Lands. Sec. 32. 33. 31. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. And negroes—from Justices' At¬ tachments. Replevy. Oath of Jury. Attachment vs Insurance Company. Agent garnisheed. Dissolved by Bond. Judgment vs. Garnishee. Issue as to value. Banks, &c., Garnisheed. Personal service. Attachment Bond. Rule Nisi vs. Garnishee. Subsequent proceedings. Garnishment in all cases. Attachment by Agent or Attorney. Claim Bonds. Attachment, how directed. Effect of Judgment. Property exempt. Parties to claims. Declaration in Attachment. Attachment vs. Bail. Affidavit of non-resident. Parties to Garnishment. Administrator de bonis non. Pursuit of property. Garnishment in any County. Attachment by Indorsers. Mechanics, &c. wages. Bank Officer's salaries. Other Officers. An Act to regulate Attachments in this State.- -Passed February 18, 1799. Yol. I. 39. Whereas, it is just and proper that provision should be made for the recovery of debts, where the same cannot be done by the ordi¬ nary process of law ; there fore,f 1. Sec. I. Be it enacted, &fc. That in case of non-residence, or in what ca- where both debtor and creditor shall reside without the limits of this agemor State,J it shall and may be lawful for such creditor, by himself, his attorney agent, 01* attorney, to attach the property, || both real or personal, a " which may be found in the State, of such debtor, in the same man¬ ner, and under the like restrictions, as are or shall be usual in case of absconding debtors, or where the debtor alone resides out of the State. 2. Sec. II. It shall and may be lawful for the Judges of the *For Act authorizing creditor to take out grant in order to levy attachment, see Land," sec. 88. t For general provisions as to attachments, in Justice Courts, see '• Justices of the Peace," sec. 8. See also same title, sec. 1, giving authority to Justices of the Peace to issue attachments returnable to Superior and Inferior Courts. For attach¬ ments against shows not licensed, see " Counties," 14. Jin all cases, by Act of 29th Dec. 1836, see 46 of this title. (j Certain property of poor debtors exempted, see sec. 50 this title. Also " Insolvent Debtors," sec. 16 and note. 70 ATTACHMENT AND GARNISHMENT—1799. By whom issued and levied—Garnishment and Bond. Who may Superior, or Justices of the Inferior Court, or any one of them, and tachments, also for any Justice of the Peace, upon complaint made on oath,1 that andinwhat^jg debtor resides out of this State," or is actually removing without the limits of this State, or any County, or absconds,3 or conceals himself, or stands in defiance of a peace officer, so that the ordinary process of law cannot be served on him,* to grant an attachment To be lev agaillst estate of such debtor, or so much thereof as shall be of ie l by a sufficient value to satisfy the plaintiff's demand and costs, which at- shen'ff, or tachment shall be directed to, and served by the Sheriff of the Coiin- constable, * on the de- ty where the property may be found, or his deputy, or any Constable ; reaf or per-anc^ it shall be the duty of such Sheriff, his deputy, or any Con- sonai es- stable, to serve and levy the same, upon the estate, both real and the6hands personal, of such debtorf wherever the same may be found, either of gar- in the hands of any person indebted to, or having effects of such ms eea. debtor, and summon such person or persons to appear at the next Summons of gar- Court to be held for the said (bounty, and to which the said attach- nishees. ment may be returnable, there to answer on oath what he is indebt¬ ed to, or what effects of such party he hath in hand, or had at the time of levying such attachment, which, being returned executed, the Court may by order compel such person to appear and answer as aforesaid.! And where any person, in whose hands any debt or ef- issue may fects may be attached, shall deny owing any money to, or having in up on the his hands any effects of such debtor, it shall be lawful for the plain- return of tiff to traverse such denial, and thereupon an issue shall be made up, iCiaianV aiu^ ^le same be tried by a Jury ;-t and if found against such garnishee, judgment he, she, or they shall be subject to pay the plaintiff such sum as shall tbereon. pe g0 folm(f ? anc[ the Court shall order judgment to be entered there- Plain tiff a-gsiinst such garnishee, as in other cases: Provided, that the said shall give Judge, Justice of the Inferior Court, or Justice of the Peace, before bond. granting such attachment, shall take bond and security of the party Form of f°r wh°m the same may be granted, in double the sum to be attach- the condi- ed,<§> payable to the defendant, for satisfying and paying all costs tl0n" which may be incurred by the defendant, in case the plaintiff suing out such attachment shall discontinue or be cast in his suit, and also all damages which may be recovered against the said plaintiff for suing out the same f which bond shall be returned to the Court to -May issue on Sabbath, day in certain cases. See title " Judiciary," sep. 97. fService on " Corporations." See " Judiciary," sec. 80. JFor mode of proceeding, see sec. 43-44, this title. ^Double the amount sworn to. See sec. 42. [1.] A mistake in plaintiff's name in the affidavit will not vitiate, where it is idem sonans. 3 Kelly, 266. The affidavit must be attested by the officer officially. Bird-song # Sledge vs. McLaren. 8 Ga. Rep. 521. The truth of the affidavit cannot be denied by third persons. 8 Ga. Rep. 551. [2.] The property of a foreign corporation is liable to attachment. 5 Ga. Rep. 631. The non-residence of one of a firm is not sufficient. Wiley § Co. vs. Sledge, 8 Ga. Rep. 522. [3.] " Has absconded'''' insufficient. 7 Ga. Rep, 167. [4.] Either party may appeal. 4 Ga. Rep. 393. [5.] A condition that the plaintiff " shall prosecute his suit with effect at the term to which it is returnable," is a substantial compliance with the Act. 3 Kelly, 266. See 7 Ga. Rep. 167- A bond payable to members of a firm, instead of the firm itself, is insufficient. Birdsong & Sledge vs. McLaren. 8 Ga. Rep. 521. Either member of a firm may give the bond. Daniel Wilson, &c. vs. Smith & Co. 8 Ga. Rep. ATTACHMENT AND GARNISHMENT—1799. 71 Informal Attachment—Replevy—Proceedings on Attachment. which such attachment may be made returnable on or before the last day of the term; and the party entitled to such cost and damages may bring suit, and recover thereon ; and every attachment issued without such bond taken, or where no bond shall be returned as aforesaid, is hereby declared to be illegal, and shall be dismissed with costs : Provided, always, that every attachment which may be issued, How atteg_ as aforesaid, shall be atte'sted by the Judge of the Superior, or Justice ted of the Inferior Court, or Justice of the Peace, issuing the same, and be by the Sheriff, or person authorized to serve the same, publicly advertised at the Court house of the said County, at least thirty days tlsei before the sitting of the Court; and if any attachment shall be issued days, within thirty days of the next Court, such attachment shall be made returnable to the Court next after the expiration of the said thirty days, and not otherwise ;l and all attachments issued and returned in any other manner than is hereinbefore directed, shall be, and the informal same are declared to be null and void ; and all goods, chattels, lands ments and tenements, subject to such attachments, shall be repleviable by void- appearance and putting in special bail, or by the defendant's giving IisPlevr- bond, with good, and sufficient security, to the Sheriff, or other of¬ ficer serving the same ; which bond he is hereby empowered to take, compelling the defendants to appear at the Court to which such at¬ tachments shall be returnable, and to abide by and perform the order and judgment of such Court.* Provided, always, that all goods and effects attached and not replevied, as aforesaid, where the same shall Perishable appear to be of a perishable nature, on motion of the plaintiff, or his may be7 attorney, the Court, or, if not in term time, the Judge of the Superior, or~ or any two or more of the Justices of the Inferior Court, may, and Court, are hereby authorized and required to order a sale of such perishable property ; and the moneys arising from such sales shall be deposited in the Clerk's office by the Sheriff, or other officer selling the same, to answer the demands of the plaintiff, if established, and the bal¬ ance, if any, after satisfying such demands and costs, shall, by order of the said Court, be returned to the defendant or his attorney. 3. Sec. III. ..If any attachment shall be returned executed, andprocee and in cases where such note, obligation, or other prmclpal- instrument, to which there is or are security or securities, is, or are not due, and the principal debtor or debtors, in any such case, is or are removing, or is or are about to remove, or have removed without debt is not the limits of this State or any County ; and oath being made by the due- security or securities, his, her, or their agent, or attorney, in fact or at law, of the facts, and of his, her, or their liability on said note, obli¬ gation, or other instrument in writing, and that his, her, or their prin¬ cipal is, or are removing, or about to remove, or have removed, with¬ out the limits of this State, or any County therein, an attachment may issue against the property and effects of such principal debtor or debt¬ ors, in favor of such security or securities; and in cases where the How to debt has been paid by such security or securities before the issuing ^d^rnent° such attachment, the said security or securities shall be authorized to where the proceed to judgment on such attachment, and to recover judgment for been paid. *See ante. sec. 2 ; and also sec. 18. -(-Proceedings in such cases, see sec. 17. See also sec. 16, giving surety a remedy in such cases. jThe provisions of this Act extended to indorsers, by Act of 1842. See sec. 59. ^further protection afforded to sureties and indorsers by Acts of 1810, 1826, 1831, 1839, 1840, 1845. See title " Judiciary," subdivision " Sureties and Indorsers," sec. 430. [1.] No other ground will authorize it. 7 Ga. Rep. 167. 76 ATTACHMENT AND GARNISHMENT—1820. Att. pendente lite. dAt^s 1 ot ^1C amount t0 which the person suing out such attachment is entitled ; due, or is and in case of suing out such attachment by a security or securities, m suit. jn a case where a suit or suits may be pending, as aforesaid, or on a demand where the note, obligation, or other instrument of writing, is not due, such security or securities shall have alien upon the property and effects of the principal attached until such property is replevied, or the principal debtor or debtors shall give good and sufficient secu¬ rity to the person suing out such attachment, his, her, or their agent, or attorney, in fact, or at law, for the payment of such note, obliga¬ tion, or other instrument of writing, when it may or shall become due, or at the termination of said suit or suits ; and in case the pro- Establish- Perty shall not be replevied, the person attaching shall be admitted ment of to proceed to establish his demand as though the debt was due, or demand S t^ie su^ or suits determined ; and the property or effects of the prin¬ cipal debtor so attached by such security or securities, shall be dis- And dispo- posed of, in the manner pointed out in the attachment laws of this property6 State, and paid into the Clerk's office of the Court in which such attached, attachment may be pending, subject to be paid over, by order of said Court, to the original creditor or creditors, when such debt shall become due. judgment Sec. II. Where an attachment shall issue, under and by virtue may"be en- of the second section of the attachment law, passed on the 18th day debits not of December, in the year 1816,* that the plaintiff or plaintiffs in such due, with attachment shall be, and hereby is, and are authorized to proceed to execution, judgment, in the same manner as though the debt had been due at the time of issuing such attachment, with a stay of execution until the time the said debt should become due ; provided the same should not have become due before entering up judgment. Defend- 18. Sec. III. In all cases of attachment, the property or effects agentr&c3 t^ie defendant °r defendants in attachment may be replevied by m\y re- ' his, her, or themselves, his, her, or their agents, or attorneys, in fact cordmgTo or at law, in the manner pointed out in an Act, entitled " An Act to the act of regulate Attachments in this State," passed on the 18th day of Feb- 17"' ruary, in the year 1799. Act of 1799 19- Sec. IV. In all cases of the issuing of attachments, the in force, formalities and regulations provided in the said attachment laiv of where not t repugnant the year 1799, except as herein excepted and provided for, shall be to this act. jn force, which the plaintiff in attachment, his, her, or their agent, or attorney, in fact or at law, is hereby authorized to pursue. 20. Sec. Y. In all cases, wherein a suit or suits may have been Attach- • • ment may instituted, on any debt or demand, and pending such suit or suits, the issue pen- defendant or defendants may place themselves in any or either of the suit. d situations, in which the suing out an attachment by the laws of this State would be authorized, it shall be lawful for the plaintiff or plain¬ tiffs, his, her, or their agent, or attorney, in fact or at law, to sue out an attachment, notwithstanding the pendency of such suit or suits aforesaid ; and such suit or suits shall not be pleaded in bar to such attachment ; but the satisfaction received upon any such attachment may be given in evidence against any such pending suit or suits. ♦Ante. sec. 14. ATTACHMENT AND GARNISHMENT—1822. 77 Set-off—Summons of Garnishment in all cases—before and after Judgment. 21. Sec. VI. Any defendant against whom an attachment shall Set-offmay DC pi.6clCtC(i be sued out, under the provisions of this Act, may avail himself in in attach- hisplefeiice of any set-olf, properly pleadable by the laws of this State, notwithstanding such set-off may not be due at the time of due. suing out such attachment, or at the trial thereof. Sec. VII. [Repeals all Acts which are inconsistent with this.] An Act* to authorize parties'plaintiffs to issue Summons of Gar¬ nishment in certain cases, as in cases of Attachment.—Passed Dec. 23, 1822. Vol. IV. 208. 22. Sec I. In cases pendingf in any Court of this State, or whibh Summons may be here after commenced, it shall and may be l&wful for the plain- t tiff or his attorney to issue a summons of garnishment, to be directed to may iSSue any person or persons who may be indebted to the defendant, or who pffedent0 may have any money, effects, property, either real or personal, or any bonds, notes, or other evidences of debt whatsoever, in his, her, or their hands, belonging to said defendant or defendants, requiring said persons to be and appear at the next term of the Court in which said suit or suits may be pending,]; then and there to depose on oath what he, she, or they is or are indebted to the said defendant or de¬ fendants, and what money, effects, property, either real or personal, or evidence of debt belonging to said defendant or defendants, is or was in their hands or possession at the time the summons was served :x Provided, the plaintiff or his agent or attorney shall, Oath of before issuing the said summons, make an affidavit of the amount Plaintlff> iiis client of the debt or demand which he, she, or they believe to be due, and or attor- that he is apprehensive of the loss of the same or some part thereof, ney- unless such summons do issue, and shall file the same in the office of the Clerk of the Court where the suit is pending, or with the Justice of the Peace when within his jurisdiction. 23. Sec. II. In all cases where judgment has heretofore been ob-Or after tained, or may be hereafter obtained, it shall and may be lawful for judgment • J c obtained, the plaintiff, or his agent or attorney, to issue summons of garnish¬ ment, returnable to the Superior, Inferior, or Justices' Court, as the case may be, to be directed, and requiring the garnishee to depose in *This Act, and the succeeding one, amendatory of this, have no connection -with at¬ tachments. See also Acts of 1830,-1834, and 1841. fWhether the subject matter of the suit be a debt or not. See sec. 4-5. f Amended by next Act, (1823.) Further amended by Act of 9th Dec., 184b, sec. 58. For provision requiring bond, see sec. 30. [1.] Whether a garnishee shall pay interest, depends on the circumstances of each case. 1 Kelly, 38. The garnishment laws oust Chancery of its'jurisdiction, except in peculiar cases. 2 Kelly, 157. Collateral securities given to one creditor not liable to garnishment at the suit of others. 4 Ga. Rep. 428. Where the maker of a note not due is served with garnishment, and judgment goes against him, a subsequent transferee of the note with notice cannot recover. 5 Ga. Rep. 425. An attorney may be served with garnishment. 6 Ga. Rep. 580. A judgment against a garnishee, who is indebted by note, null not be a defence against a suit by a holder until it has been paid. Erannon vs. JYoble, 8 Ga. Rep. 549. 78 ATTACHMENT AND GARNISHMENT—1822-'23. Serving Summons—Contempt—City Courts. like manner, as in the preceding section ;* Provided, that the plain¬ tiff, or his agent or attorney shall, if required by the defendant or garnishee, or by any plaintiff holding a younger judgment or exe¬ cution, or his attorney, swear that he believes the sum apparently due and claimed on said judgment or execution is actually due; And provided, further, that the Sheriff, or his deputy, or Constable, shall enter 011 said execution that there is no property of the defend¬ ant to be found. When to 24. Sec. III. The said summons, when the same is returnable for theed to 't^ie Superior or Inferior Courts, shall be signed and served by the Superior or Sheriff or his deputy on the garnishee personally, twenty days before or Justices', t^ie Court to which he is directed to appear ; and when returnable to Court. the Justices' Court, shall be signed and served by a Constable on the garnishee personally, ten days before the Court to which he is di¬ rected to appear. Failing to 25. Sec. IV. When any person shall fail to appear and depose answer is a on being summoned as a garnishee, the Court, on application, shall contempt. procee(j agajnst him by attachment for contempt;f and when any person shall appear and depose, the after proceedings shall be as in cases of attachment; Provided, that any garnishee deposing and admiting that he is indebted to the defendant, or has in his hands and possession a sufficient amount to pay the plaintiff's demand, shall be deemed a compliance with this Act. Money to be 26. Sec. V. When any money shall be paid into Court, or shall paid over. ^ rajseq Sheriff or his deputy, or by a Constable, under this Act, the same shall be paid over to judgments or executions against the defendant, as in other cases, according to the priority established by law. city courts. 27. Sec. VI. This Act shall extend to proceedings in the May¬ or's Court in the City of Augusta and Darien, and the Court of Com¬ mon Pleas, and Oyer and Terminer, in the City of Savannah; and the summons shall be signed and served by the City Sheriff or Mar¬ shal, or his deputy, on the garnishee personally, ten days before the Court to which said garnishee is directed to appear; And provided also, that the benefits of this Act shall be extended to plaintiffs in any suit or judgment which may be pending or rendered in any Court hereafter established by the Legislature in any corporate Town in this State. An Act to amend an Act to authorize Parties Plaintiffs to issue Summons of Garnishment in certain cases as in cases of Attach¬ ment, passed December twenty-third, eighteen hundred and twenty- two.—This Act passed Dec. 20, 1823. Vol. IV. 212. 28. Sec. I. When parties plaintiffs, their agents, or attorneys, in¬ tending to avail themselves of the benefit of the above-recited Act, •By Act of 1834, proceeding by rule nisi and judgment for plaintiff's demand, sec. 43 and 44. tWhere the garnishee is a Bank or other corporation, the return must be under their corporate seal. See sec. 49. ATTACHMENT AND GARNISHMENT—1823. 79 Garnishment in same or other County2—Proceedings thereon. shall file his, her, or their affidavit of the amount of his, her, or their Proceedings * where the debt or demand, in the office of the Clerk of the Court, or Justice of #rnshee, ra¬ the Peace, in which the suit or suits is or are pending, or in which Count".lhe the judgment or execution was obtained on which garnishments are intended to issue,* it shall be the duty of the Clerk of such Court, or such Justice of the Peace, as the case may be, to deliver to such plaintiffs, their agents, or attorneys, a certified copy of such affidavit, which, when placed, in the hands of the Sheriff, or his deputy, or a Constable, in case such certified copy shall be signed by a Justice of the Peace, shall be sufficient to authorize said Sheriff, deputy Sheriff, or Constable, and they are hereby required forthwith to make out, sign, and serve a summons of garnishment on any person or persons who may be indebted to the defendant or defendants in such suit, judgment, or execution ;f Provided, that the person or persons in¬ tended to be garnisheed reside in the County in which such suit or suits is or are pending, or in which such judgment or execution is obtained. . _ 29. Sec. II. Where persons indebted to a defendant or defendants where he in any suit pending, or judgment or execution obtained, in. any of county?' the Courts of Law or Equity in this State, reside in a different County from the one in which suit is pending, or such judgment or execu¬ tion is obtained, the parties plaintiffs, their agent, or attorneys, shall make and file his, her, or their affidavits of the amount claimed to be due, in the office of the Clerk of the Court, or Justice of the Peace, where such suit is pending, or such judgment or execution is obtain¬ ed J and it shall be the duty of such Clerk or Justice of the Peace to deliver to such plaintiff, his agent, or attorney, a certified Copy of said affidavit, which shall be placed in the hands of the Sheriff', deputy Sheriff, or Constable, as the case may be, of the County in which the person or persons so indebted and intended to be garnisheed may reside ; and such Sheriff, deputy Sheriff, or Constable shall forthwith make out, sign, and serve a summons of garnishment on the person or persons so indebted, returnable to the next Superior, or Interior, or Justices' Court of the County or district in which such garnishee may reside, under the restrictions and in the manner point¬ ed out in the before-reeited Act; Provided, always, that such gar¬ nishment shall be made returnable to a Superior, Inferior, or Justice's Court, as it would have been had such garnishee resided in the County in which the suit is pending, or the judgment or execution was ob¬ tained on which such summons of garnishment is founded ; and any person or persons so garnisheed shall appear at the Court to which such summons of garnishment is returnable, agreeably to the provis¬ ions of the before-recited Act. 30. Sec. III. All persons duly summoned as garnishees under Garnishees this Act, or the one to which this is an amendment, shall be bound ^ there¬ to make their returns at the term to which such summons of garnish-turn terrn' ment shall be returnable ;% Provided, that in all cases when summons *:By Act of 9th Dec. 1811, this may be done in any County to which the execution ha sheen removed, sec. 53. fllanks and other corporations, subject to garnishment. See Act cf 1832, sec. 41. JSee sec. 43 and 44. 80 ATTACHMENT AND GARNISHMENT—1828. Claim to land and negroes in certain cases. garnishment °* garnishment shall issue, it shall be lawful for the defendant or de- may tie dis- fendants to dissolve said garnishment, by giving bond and security gK>lvcd. Ap- ~ ? J o o / pticant to for eventual condemnation money and cost of suit to the plaintiff, give bond. ^ agent^ or attorney ; and provided also, that in all cases the ap¬ plicant for summons of garnishment, his, her, or their agent, or at¬ torney at law, shall give bond and security as in cases of attach¬ ment.* Repealing Sec. IY. All laws and parts of laws, so far as they militate •lausp. against this Act, are hereby repealed. An Act to regulate the trial of claims to land and negroes when levi¬ ed on by attachments in the Justices' Courts in this Slate.—Ap¬ proved Dec. 20, 1828. Yol. IY. 223. claims to 31. Sec. I. From and after the passage of this Act, when any land levied attachment returnable to a Justice's Court in this State shall be levied on by Jus- tices'attach-on land which has been claimed by any person or persons not a party returned, to said attachment, it shall be the duty of the officer levying the same to return the claim papers to the Clerk of the next Superior Court of the County where the land lies, which Court shall cause the right of property to be tried in the same manner as in other claim cases. if levied on 32. Sec. II. When any attachment as aforesaid shall be levied negroes. on ally negro or negroes, which may be claimed as aforesaid, it shall be the duty of the levying officer to return the claim papers to the Clerk of the next Superior or Inferior Court c-f the County in which said attachment has issued; and it shall be the duty of the Courts aforesaid to cause the right of property to be tried in the same man¬ ner as in other cases of claims. Replevy. 33. gEC. JII. The person or persons claiming as aforesaid, shall present their claim in the same manner, and be entitled to a replevy under the same rules and regulations as in other cases of attachments and claims.f oath of the 34. Sec. IY. The Jury before the trial of any of the claims aforesaid, shall have administered unto them the following oath, to wit: "You do swear or affirm, that you will give to plaintiffs in at¬ tachments against claimants such damages as may seem reasonable and just, not less than ten per cent., provided it shall sufficiently ap¬ pear that the claim was intended for delay only ; so help me God." Sec. Y. All laws or parts of laws militating against this law are hereby repealed. *See sec. 43, as to amount of bond. tSee sees. 5, 6 and 47. jury, ATTACHMENT AND GARNISHMENT—1829. 81 Att. and Gar. vs. Insurance Companies. An Act to amend the several Attachment Laws of this State, so far as to permit persons whose property may be insured in Insurance Offices, carried on by Agents in the State of Georgia, whenever a dispute shall hereafter arise between the insurers and the insured, to issue an attachment against the goods, property, or effects of said Insurance Company, and to garnishee its Agent or Agents. Passed Dec. 19, 1829. Vol. IV. 228. Whereas, disputes have arisen and may hereafter arise between Preamble. Insurance Companies, whose business is carried on in this State by agents, as to the amount of loss which they may have sustained by fire or otherwise ; and whereas, when such disputes do arise, the in¬ sured is compelled at great expense and almost a total loss of his in¬ surance, to prosecute his rights in the country or State where the In¬ surance Company hath been incorporated, to the manifest injustice of the rights of the citizens of this State, and to their great incon¬ venience ; for remedy whereofj 35. Sec. I. Be it enacted, That from and after the passage of this Act, it shall and may be lawful for any person or persons, who the may hereafter insure his, her, or their property or etfects, in any In- insurer J in surance office or company, carried on by agents in the State of Geor- an" uEderes gia, when any dispute shall or may hereafter arise from any cause cumstances. whatsoever between the said insurers and the insured, either in rela¬ tion to the amount of loss claimed, or the justness of the claim or demand, after he, she, .or they shall have first complied with the rules and regulations of said insurance office or company contained in the policy, as to notice and loss, to issue an attachment against said company upon refusal or neglect to pay said loss to the amount claimed by the insured, so that the same do not exceed the amount ^ Xtroi- contained in the policy, in the same manner, and under the like re- strictions, as are pointed out in the attachment laws of this State, passed 18th day of February, 1799. 36. Sec. II. Upon said attachment being issued out as aforesaid, Jfharnyf®"^. it shall and may be lawful for the said plaintiff in attachment to ance office, summon the agent or agents of such insurance office or company in summoned8 writing, to appear at the term of Court to which the said attachment nLheeTun- shall be made returnable, under the penalty of an attachment for afdefo/an contempt,* then and there to answer upon oath, what he, she, or they are indebted to, or what effects of said office or company he or tempt to an- they had in his or their hands at the time of issuing said attachment,swer'&c' and hath or have at the time of making his, her, or their return un¬ der oath as aforesaid; and if the said agent or agents shall deny be¬ ing indebted to, or having in his, her, or their hands, any property or effects belonging to said office or company at the time of issuing the attachment, and at the time of making his return under oath as Issue. aforesaid, it shall and may be lawful for the said plaintiff in attach¬ ment to traverse such denial in the same manner, and under the like ♦See sees. 43 and 44 for proceedings against defaulting garnishee. 11 82 ATTACHMENT AND GARNISHMENT—1829-30. Proceedings vs. Garnishee. penalty, as is prescribed in the second section of the attachment law as aforesaid. How such 37. SEC. HI. It shall and may be lawful for the said COm- attachment , J . . may be dis-pany against whom said attachment may issue, or their agent or compinyto agents, upon the same being issued, to dissolve such attachment; give bond, (-1,0 said company against whom it shall issue giving bond and se¬ curity to the Sheriff or other officer authorized to receive the same, in double the amount claimed for the eventual condemnation money, Bond to be and all costs, which bond so given shall be, and is hereby declared dbeigna e. pe assignable by said Sheriff or other officer to the plaintiff in at¬ tachment, upon the said agent or agents of said company failing or refusing to pay or cause to be paid to the said plaintiff or his attorney, within thirty days after the rendition of a final judgment against said company or said claimant, the amount of said judgment and all suit, when costs ; and the said plaintiff in the said attachment is hereby authoriz- to be com- -in n menced on ed forthwith to commence an action of debt on said bond against on ' said company and its securities, and shall and may recover judgment on said bond for the amount of said original finding against said principal and securities as aforesaid, jointly or severally, according to the existing laws of this State in such cases made and provided. ci!use.ins Sec. XV. All laws or parts of laws militating against this law, are hereby repealed. An Act to authorize the several Courts of Law and Equity of this State, to award judgment against garnishees, in certain cases, and to point out the mode whereby such garnishees may be re¬ lieved from the operation of said judgment.—Passed Dec. 21, 1830. Pam. 62. bfeSi10 38. Sec. I. In all cases arising under the laws of this State, nf hee for which authorize summons of garnishment to be issued, when the what he ac- garnishee shall return on oath, that he or she hath in hand goods or he hasehiShi! effects of the debtor, he or she shall state in his or her deposition the hemaysur- vallje of the same, and the Court to which the same may be made dischargein returnable, shall proceed to award judgment against said garnishee, for the value of said effects, as stated in said deposition : Provided, nevertheless, That the said garnishee may discharge said judgment, by delivering to the officer, having the execution in hand, the goods or effects so by him or her deposed to be in his or her possession, issue maybe 39. SEc. II. The plaintiff at whose instance the said summons the value of shall have been sued out, may make up an issue on said deposition, feus.8 °r e which shall be submitted to a Jury, and the said Jury shall render a verdict for the value of such goods or effects as may be proved to be in the hands of the garnishee, or for the value of such goods or effects as may be by him or her, admitted to be in hand, and the Court shall proceed to give judgment accordingly, which said judgment may be discharged in the manner prescribed in the first section of this Act. 38. Sec. III. All laws and parts of laws, militating against this Act, are hereby repealed. ATTACHMENT AND GARNISHMENT—1832-34. 83 Garnishment to Banks and other Corporations—Service of Summons—Attachment Bond. An Act to make Banks and other corporations subject to Garnish¬ ment., and, to regulate proceedings against Garnishees, in certain cases.—Approved Dec. 24, 1832. Pam. 113. 40. Sec. I. From and after the passing of this Act, all banks, otherscorpo banking companies and other corporations in this State, shall be liable to garnishment both in cases of attachment and in cases at mcnt. Common Law ; and it shall be their duty to answer under their cor¬ porate seal by their presiding officer ; and in all cases a summons ad- How. served dressed to the corporation and served upon its presiding officer, shall be deemed and held sufficient. Sec. II. [Repealed by the Act of 1835, pam. 103.]* 41. Sec. III. Summonses in garnishment shall in all cases be f0Xnaiways served personally, otherwise they shall not be binding ; and in all Pl¬ eases where any corporation shall answer, the subsequent proceed- subsequent ings shall be the same as those now provided by law in cases ofproceedmgs other garnishees.! [Proviso repealed by Act of 1850, sec. 61.] An Act to amend and explain the second section of the Attachment law of this State, passed on the eighteenth oj February, seventeen hundred and ninety-nine.—Passed Dec.f 24, 1833. Pam. 36. Whereas, different constructions have been made in the Courts of this State in regard to the precise amount for which the attaching creditor's bond should be given ; for remedy whereof, 42. Sec. IV. Be it enacted, From and after the passage of this Act, all plaintiffs in attachment, their agents or attorneys at law, or£!u]|{®ttho in fact, shall give to the defendant in attachment, bond and security, sworn, at the time of issuing the attachment, in a sum at least equal to double the amount sworn to be due, or to become due, by the attaching creditor. Sec. V. All laws or parts of laws militating against this Act are hereby repealed. An Act to amend the several Acts relative to the issuing of sum¬ monses of garnishment, and proceedings against garnishees.—- Passed Dec. 22, 1834. Pam. 79. 43. Sec. I. From and after the passing of this Act, in all cases, defaulting in any of the Courts of this State, where any person or persons shall fubjccte«? fail to answer, after being duly summoned as garnishee or garnishees, ami tben'to the Court, upon motion of the plaintiff or his attorney, shall pass a rule or order requiring the garnishee or garnishees to answer at such shown. * This section provided for judgment against garnishee, immediately on failure to answer. fThis section was repealed by Act of 1834, pam. 45, and revived by Act of 1835, pam. 103. See Act of 1845, exempting wages of journeymen mechanics and day labor¬ ers from garnishment, sec. 60. 84 ATTACHMENT AND GARNISHMENT—1834-'36. Proceedings vs. Garnishee—Oath of Agent or Attorney—Bonds. time as the Court may direct, or show cause why judgment should not be entered against him, her, or them, for the amount of the plain¬ tiff's demand and costs, which rule shall be served by the Sheriff or his deputy; and if the garnishee or garnishees shall fail to answer or show cause at or by the time limited in the said rule or order, the Court shall enter judgment against the garnishee or garnishees for the amount of the plaintiff's judgment with costs. And costs. 44. Sec. II. The Clerk and Sheriff shall be entitled each to the sum of one dollar for the entry and service of such rule or order as is prescribed in the first section of this Act, which fees each garni¬ shee shall be compelled to pay before his answer is received by the Court; and when the garnishee shall answer to the summons of Subsequent garnishment, in compliance with the said rule or order, the same proceedings ' t ' t to bo as usu-proceedings shall be had as if he had answered in due time without a1' the passing of any such rule or order by the Court. Garnish- 45. Sec. III. In all cases whatsoever, either at Law or in Equity, ment m any ^ or complainant shall he permitted to issue summonses of garnishment upon complying with the terms of the law now of force, regulating the issuing of the same, whether the subject matter of the suit be a debt or not. Sec. IV. All laws and parts of laws militating against this Act, are hereby repealed. An Act to amend the several Acts regulating Attachments in this State, and to regulate proceedings in certain cases where the plaintiff shall die after rendition of Judgment.—Passed Dec. 29, 1836. Pam. 36. torneys°may 46. Sec. I. From and after the passage of this Act, in all cases sue out at- where attachments may issue, under the laws of force, it shall and tachments J > ' and give may be lawful for the same to issue upon the oath of the creditor, or his agent or attorney in fact or at law, by swearing, to the best of his belief,*1 from the evidence in his possession, and the said agent or attorney in fact or at law shall be, and is hereby authorized to exe¬ cute, in the name of the creditor, the bond now required by law. tobemindou- 47. Sec. II. In all cases where any property levied on by an bie the value attachment shall be claimed, such claimant or claimants shall give of the proper- '>

n. persons who have, or may hereafter issue or have m circulation any change bill or bills of any kind, issued or put in circulation without a charter, there shall be levied a tax of fifty per cent, on the amount issued and in circulation on the first of August in each year.Jf *Sse next Act. See also Act of 1841, declaring the issuing of change bills a misde¬ meanor, and subjecting the offender to fine and imprisonment, title "Penal Laws," sec. 332. +For the several Acts laying a tax on "private bankers, brokers, &c.," and especially as to change bills, see title " Tax," sees. 89, 90, 92, and notes. See also general tax on banks, "Tax," sees. 76, 99, 111, 117, 121. BANKS AND BANKING.—General Laws—1830-'32. 99 Penalty—Bills under 4jj>5—Penalty. Sec. II. [Remits all penalties thus far incurred, excepting those who may hav6 failed to comply with the second section of the said Tax Act of 1829, vol. IY. 425.] 5. Sec. III. In addition to the penalties imposed by the first sec- issuing c 1 • 1 1 1 11 • 1 i Ml T 11 change bills tion ot this Act, every person who shall issue changeimiis or bills of penalty from ^50 to &5Q0 any denomination, without legislative grant, shall for each offence be fined in a sum not less than fifty nor more than five hundred dollars, one half of said penalty to go to the prosecutor. 6. Sec. IY. It shall be the duty of the Grand Jurors of the sev- j^d0,furies eral Counties of this State, at each term of the Superior Court, to [°n'dnq^re make diligent inquiry and present all violations of the third sectionan pre°e of this Act. Sec. Y. [Repeals all repugnant laws.] An Act to prevent the circulation of Bank Bills, under the denomi¬ nation of five dollars, within this State.*—Passed Dec. 24, 1832. Pam. 26. Whereas, the circulation of bank bills of a small denomination, has been productive of fraud and loss to the public, and has a ten¬ dency to prevent or retard the general and speedy restoration of a specie currency; 7. Sec. I. Be it therefore enacted, That from and after the first Nobank day of September next, it shall not be lawful for any bank, or body than $5 toebe corporate, invested with banking privileges, or person or persons cirv-ulated- whomsoever, within the limits of this State, to issue, emit, pay away, pass or circulate, any bank bill, note, ticket, or paper, purport¬ ing to be a bank note, or of the nature, character, or appearance of a bank note, or calculated for circulation as a' bank note, either of the banks of this State or of any other State, of a less denomina¬ tion than five dollars. Provided, that nothing herein contained shall Proviso, be so construed, as to make it unlawful for any corporation or person or persons whomsoever, to present for payment or In any other mode, transmit for redemption to any bank either of this or any other State, any bill or bills of such bank, of the denomination aforesaid, remain¬ ing in circulation after the time aforesaid, with the view and in the mode to stop the future circulation thereof. 8. Sec. II. Any bank or corporate body, or person or persons ^J0alty whomsoever, offending against the provisions of the first section of this Act, shall forfeit the sum of one hundred dollars, to be sued for in the name of the State, by any licensed attorney, on the application of any informer cognizant of such offence, who shall be a competent witness on the trial, and recovered by an action of debt or on the case, in any Court of competent jurisdiction in this State, with full costs, one half whereof when recovered shall be paid to the use of the State, and the other half to the use of the informer. *See Act of Dec. 22, 1835, amendatory of this Act. See title "Central Bank," sec. 71. By Act of 1842, all "specie-paying, solvent banks" allowed to issue bills un¬ der $0 to an amount not exceeding five per centum of their capital stock. See sec. 86 100 BANKS AND BANKING.—General Laws—1832. Banks failing to pay Specie—Semi-annual returns. antwof-ue Sec. III. Each and every issuing, passing, paying away, or fence circulating of each and every such bank bill or note, as is specified in the first section of this Act, contrary to the spirit, true intent and meaning thereof, shall constitute a new, separate and distinct offence, and shall Le IHlble to a new, separate and distinct penalty. An Act to regulate the intercourse between Batiks and private indi¬ viduals, so as to subject Banks to payment of damages, if they refuse or fail to pay specie id hen demanded, under certain cir¬ cumstances.—Passed Dec. 24, 1832. Pam. 29. ing^pay1 10. When any bank now incorporated, or which may hereafter tTCae' ioWe incorporated in this State, shall refuse or fail to pay specie for per cent, any of its bills, notes, drafts or other writing for which they may be bound, when demanded, by any individual or individuals, and held as his or their own property, upon suit thereof, such individual or individuals, in addition to the lawful interest, shall receive ten per centum damage, for such refusal or failure upon the amount so re¬ fused or failed to be redeemed in specie.*1 [Proviso repealed by Act of 1841, second section ; sec. 72 of this title.] An Act more effectually to secure the solvency oj all the Banking Institutions in this State.+—Passed Dec. 24, 1832. Pam. 29. Whereas, the enormous amount of banking capital chartered by the laws of this State, and her circulating currency being composed almost entirely of th.e bills of her own banks ; and whereas, the safety and best interest of our citizens require, that the true condi¬ tion and solvency of each bank or incorporated company, exercising banking privileges, should be known to the community, so as to guard the great body of the people from receiving a depreciated or doubtful paper, and for remedy whereof; Banks to ]$e n enacted, That from and after the passage of this make semi- j. o annual re- Act, it shall be the duty of the president and directors of each in- stockhoider! corporated bank or company exercising banking privileges in this and funds. gtate^ t0 mape a semi-annual return on the first Monday in April and October, in each year, of the names of all the stockholders, the amount of stock owned by each individual or company, and the amount of money actually paid into the funds of each bank, on each share respectively, and forward the same to his Excellency the Gov¬ ernor, for the time being, and to be subject to the examination of the General Assembly. *Seepost Acts of 18th December, 1840, and 13th December, 1842, providing for the forfeiture of the charters of banks refusing to pay specie: fFor provisions against the fraudulent management of banks, see "Penal Laws" sees. 131 to 13G. [1.] A demand on an assignee of a bank whose charter is forfeited, does not entitle the party to the ten per cent. 7 Ga. Rep. 79 BANKS AND BANKING.—General Laws—1832. 101 Effect of Failure—Notes payable in Bills;—Keturns on Oath. 12. It shall be the duty of the president and directors afore- a"d °f tbe _ , , . , r . . standing and said, and they are hereby required to give a minute statement of manage- the standing and management of each incorporated bank or company men' exercising banking privileges in this State, and their branches, on the first Monday in April next, and thereafter semi-annually, and forward the same to his Excellency the Governor, for the time being, showing particularly the amount of hills on other banks in this State, the amount of gold, silver and bullion in their vaults, the amount of debts due them at the North, or elsewhere, which may be denomi¬ nated specie funds, the amount of active or running paper, the amount in suit, the amount under protest, and not in suit, and clearly stating what amount of all the debts due the bank, is considered good, what amount doubtful, and what amount is considered bad and lost toqhe bank, the amount of issues by each bank, the amount of bills in cir¬ culation, and the amount of bills of said bank in circulation under the amount of deposits, and the highest amount due and owing by each bank, all of said reports to be subject to the examination of the Genera] Assembly.* 13. Should the president and directors of any one or more of the aforesaid banks, fail to comply with the spirit and true mean- byC^jJa" ing of this Act, it shall be the duty of his Excellency the Governor, state, for the time being, to notify the Treasurer of this State, and the president and directors of the Central Bank, of said delinquent bank or banks, whereupon, it shall not be lawful to receive the bills of any such delinquent bank or banks, in payment of any debt due the.State of Georgia, or the Central Bank, until the president and directors of such delinquent bank or banks, shall have made such returns as are required by this Act.f 14. It shall be the duty of his Excellency the Governor, for And such the time being, to publish the name or names of any bank or banks, advertsed.be which may fail to comply with all the requisitions of this Act, in all the newspapers printed in Milledgeville, as often as he may think expedient for the public good. 15. The notes and bonds hereafter made payable at and discount- Notes and ed by any bank, shall when transferred to any other bank continue, ferred by1 a payable in the bills of the bank at which they were so made payable tepayableS and discounted, in the same manner and on the same principles as iflts hllLs- they were still holden by the bank, at which they were made pay¬ able and by which they were discounted. Provided, That nothing Proviso, herein contained shall be construed to take away from any bank, any rights which are secured to it by the provisions of its charter. Returns to All returns required to be made by this Act, shall be made on e-onoath- the oath of the president and cashier of the respective banks, and that a copy of such oath shall accompany and be appended to said returns. | •Amended by Act, Dec. 23, 1839, see sees. 6-1 et seq. For provisions for publication of semi-annual returns, see Acts of 1843 and 1850, sees. 87, 95. fSee Act of Dec. 18, 1840, sec. 70, and Act of Dec. 22, 1843, sec. 88. By Act of 1850, sec. 03, Governor to require them to make returns at least twice a year, and return to be made in two weeks thereafter. jSee Act of Dec. 23, 1839, sec. 65, as to oath of director in certain cases. 102 BANKS AND BANKING.—General Laws—1835-'37. Denomination of Notes—Bills payable at longer-than three days. ty An Act to amend an Act entitled An Act to prevent the circulation of Bank Bills under the denomination of five dollars within this State, passed the 2ith of December, 1832, and to prevent the cir¬ culation of bank bills of any other denomination than fives, tens, twenties, fifties, hundreds and thousands.—Approved Dec. 22, 1835. Pam. 33. Whereas, the above recited Act has manifestly benefited the cir¬ culating medium of this State, ahd ought to be carried out in spirit as well as letter— tionsofnotes Sec. I. Beit enacted, That from and after the passage of issued'1^ be Act, it shall not be lawful for any bank or body corporate, or person or persons whomsoever, within the limits of this State, to is¬ sue, emit, pay away, pass or circulate any bank hill, note, or ticket, or paper purporting to be a hank note, or of the nature, character or appearance of a bank note, or calculated for circulation as a bank note of ei,ther of the banlip of this State or of- any other State, of a denomination other than of the denomination bf five dollars, ten dol¬ lars, twenty dollars, fifty dollars, hundreds of dollars or thousands of dollars. $5oo penai- gEC, jj Any bank or body corporate, or person or persons whom¬ soever offending against the provisions of this Act, shall forfeit for each offence the sum of $500, .to be recovered and applied as provid¬ ed for by the second section of the Act herein before recited, and that the third section of said Act shall in like manner apply to and govern in cases provided by this Act. An Act to restrain, prevent and make penal the paying away or tendering hi payment, issuing, emitting, passing, or circulating any bank bills, note, ticket, check, draft, receipt, instrument under seal, or chose in action, intended, designed, or fitted for circulation instead or in character of either ; or any u promise to payfi in toriting, to be used, or intended to be used, as paper money, by any bank or other corporation in this State, or by the agent or agents, officer or officers of any bank or other corporation in this State, or elsewhere, which are, may, or shall be redeemable or payable at a longer period of time than three days after the date thereof, or the issuhig, emitting, passing, or paying away the same, or which shall or may be payable in any other manner, or with any other thing than with gold or silver coin, at the standard value thereof, according to the laws of the land, and for other purposes.—Assent¬ ed to Dec. 26, 1837. Pam. 191. No bin, &c. 17, gEC> j, p>e a enacted, That from and after the passage of tO DG i ?SUGtl J. o or paid out, this Act, it shall not be lawful for any bank, president, cashier, teller, lwrecr time clerk, or other officer of any bank or other corporation -in this State, than 3 days, Qr eisewhere, or any person or persons acting as an officer or officers, agent or agents of any bank or other corporation in this State, or elsewhere, to pay away, or tender in payment, issue, emit, pass, or BANKS AND BANKING.—General Laws—1837-'38 103 Penalty—Bills of Exchange not included—Free Banking Law. circulate, any bank bill, note, check, draft, receipt,'instrument under seal, or any chose in action, intended, designed, or fitted for circula¬ tion, instead or in character of either, which may or shall be payable at a greater length of time, or a longer date, than three days after the date thereof, or after the time of issuing, passing, emitting or paying away the same, or either, or any of them, under the penalty of one ^yC0rf|^" thousand dollars for each and every violation of the provisions, or' the true intent and meaning of this Act.1 18. Sec. II. Prom and after the passage of this Act, it shall not Nobiii,&c. be lawful for any bank or other corporation in this State, or any anything but president, cashier, teller, clerk, or any other officer or agent of anyspecie' bank, or other corporation in this State or elsewhere, or for any, person or persons, acting as an officer or officers, agent or agents of any bank or other corporation in this State, or elsewhere, to pay away, or tender in payment, emit, issue, pass, or circulate any bank bill, note, ticket, check, draft, receipt, instrument under seal, or chose in action, intended, fitted, or designed for circulation, instead or in character of either, or any promise to pay, or to do any thing what¬ soever, in writing, to be, used, or intended to be used, as paper money, w-hich may be payable or redeemable in any other manner, or in any other thing than with gold and silver coin, at the standard value thereof, according to the laws of the land, under the penalty of one und« a like thousand dollars for each and every violation of any of the provisions, peiwty' or true intent and meaning of this Act. 19. Sec. III. All offences arising under this Act, or all violations Prosecuted by indict- 'of any of its provisions, may be prosecuted, either by indictment for mem or ac- a misdemeanor, or by an action on the case, or by action qui tam,tlon qui tam' at the instance of any person who may inform, or choose to prosecute, and on conviction or recovery, one-half of the penalty to be paid over £alf for i x • r 'i -rr ' /~h r • i County pur- to the Justices of the Inferior Court, for County purposes, m the poses, and County where the offence was committed, and the other half to the CmerC informer or prosecutor. 20. Sec. IY. Nothing in this Act contained, shall apply to bills B,ills of ex- <2 ' .Li j change and or checks issued for* the ordinary purposes of exchange. checks not J r r _ o included Sec. Y. All laws and parts of laws militating against this Act, bej ahd the same are, hereby repealed. An Act to authorize the business of Banking, and to regulate the same.—Assented to 26th Dec. 1838. Pam. 33. 21. Sec. I. Be it enacted, That the citizens of this State shallFrce ba-nk- nig. have the privilege of banking, from and after the passage of this Act, upon the terms and conditions contained in the following sec¬ tions of this Act. The Comptroller, together with two Commis¬ sioners to be appointed as hereinafter directed, or a majority of them, are hereby authorized and required to cause to be engraved and printed in the best manner to guard against counterfeiting, such quantity of circulating notes, in the similitude of bank notes, in (1.) Applies only to Post Notes. 7 Ga Rep. 84. 104 BANKS AND BANKING.—General Laws—1838. Free Banking Law. blank, of the different denominations authorized by the incorporated banks of this State, as they may from time to time deem necessary to carry into effect the provisions of this Act, and of such form as they may prescribe ; such bank circulating notes shall be counter- Registered. sjgne(^ numbered, and registered in proper books, to be provided and kept for that purpose in the office of said Comptroller, under the direction of the .said Comptroller and said Commissioners, by such person"or persons as they, or a majority of them, shall appoint for that purpose, so that each denomination of such circulating notes shall all be of the same similitude, and bear the uniform signiture of such register or one of such registers. ofstockStor ^EC- Whenever any person or association of persons, comptroller, formed for the purpose of banking under the provisions of this Act, shall'legally transfer to the Comptroller and said Commissioners, or to their successors in office, any portion of the public debt now cre¬ ated, or hereafter to be created by the United States, or by this State, or by such other States of the United States as shall be ap¬ proved by the said Comptroller and Commissioners, or a majority of ofb'uis to'be them, such person or association of persons shall be entitled to receive delivered up. prom Comptroller and Commissioners an equal amount of such circulating notes, of different denominations, registered and counter¬ signed as aforesaid, but such public debt shall in all cases be or be made to be equal to a stock of this State producing five per cent, stock at par ^ annum . anq q shall not be lawful for said Comptroller and Commissioners to take any stock at a rate above or below its par value. such biUsj° 23. Sec. III. Such persons or associations of persons are hereby money. authorized, after having executed and signed such circulating notes, in the manner required by the provisions, of this Act, to make them obligatory promissory notes, payable on demand, at the place of business, within this State, of such person or association, to loan and circulate the same as money, according to the ordinary course of banking business, as regulated by the laws and usages of this State. On failure of 24. Sec. IY. In case the maker or makers of any such circula- pajment ^ng notes, countersigned and registered as aforesaid, shall at any time hereafter, oil lawful demand, during the usual hours of bank¬ ing, between the hours of nine and two o'clock, at the place where such notes is payable, fail or refuse to redeem such notes in gold and silver coin, of the standard value of the United States, the to be protest-j10|qer g^q notes making such demand, may cause the same to be protested for non-payment by a Notary Public, under his seal of office, in the usual manner; and the Comptroller and said Commis¬ sioners, on receiving and filing in the office of such Comptroller such protest, shall forthwith give notice in writing to the maker or makers of such notes to pay the same, and if he or they shall omit day .^notice! to do so for sixty days after such notice, the said Comptroller and to'adverti^e Commissioners shall immediately thereupon (unless they, or a major- that they ity of them, shall be satisfied that there is a good and legal defence deemed out against the payment of such note or notes) give notice in the papers funds!1 printed in Milledgeville, that all the circulating notes issued by such person or association of persons will be redeemed out of the trust BANKS AND BANKING —General Laws—1838. 105 Free Banking Law. funds in their hands for that purpose ; and it shall be lawful for said Comptroller and Commissioners to apply the said trust funds belong¬ ing to the maker or makers of such protested notes, to the payment and redemption thereof, with cost of protest, and to adopt such measures for the payment of all circulating notes, put in circulation by the maker or makers of such protested notes, pursuant to the provisions of this Act, as will in their opinion most effectually pre¬ vent loss to the holders thereof.* 25. Sec. Y. The said Comptroller and Commissioners may give Dividends , ■ ■■ r a r • A I • r'n stock may to any person or association of persons, so transferring stock m pur-be received suance of the provisions of this Act, powers of attorney to receive by owner' interest or dividends thereon, which such person or association may receive and apply to their own use ; but such powers may be revoked fail" upon such person or association of persons failing to redeem the cir- deem, nor^ culating notes so issued as aforesaid, or whenever, in the opinion officient. the said Comptroller and Commissioners, the principal of such stock shall become an insufficient security, and the said Comptroller and Commissioners, upon the application of the owner or owners of such transferred-stock in trust, may in their discretion, change or transfer Stock the same for other stocks of the kind and value before specified inchanged* this Act, or may re-transfer the said stocks or any part thereof, or the bonds and mortgages or any of them hereafter mentioned and provided for, upon receiving and cancelling an equal amount of such circulating notes delivered by them, to such person or association of persons in such manner that the circulating notes shall always be secured in full, either by stocks or by bonds and mortgages, as in this Act is provided. Sec. YI. The bills or notes so to be countersigned, and the biiis payment of which shall be so secured by the transfer of publicstamped- stocks, shall be stamped upon their face, " Secured by the pledge of public stocks." 26. Sec. YII. Instead of transferring public stocks as aforesaid, boyds and in' i i mortgages to secure the whole amount of such bills or notes, it shall be lawful on real es- i • . • /-» • , -i i 11 i , tate in lieu of for such person or association of persons, in case they shall so elect, stocks, before receiving any of the said bills or notes, to secure the payment of the said bills or notes so to be issued, by transferring to the said Comptroller and Commissioners bonds and mortgages upon real estate bearing at least six per cent, interest, and payable annually or semi¬ annually, in which case all such bills and notes issued by said per¬ son or association of persons, shall be stamped on their face, " Se- stamp, cured by pledges of real estate." 27. Sec. YIII. Such bonds and mortgages shall be only upon ^aiue'for58 unincumbered lands within this State, worth, independently of the which moit- buildings thereon, at least double the amount for which they shall gased" be so mortgaged; and the Comptroller and . Commissioners shall prescribe such regulations for ascertaining the title and the value of such lands, ,as they may deem necessary ; and such bonds and mort¬ gages shall be payable within such times as the Comptroller and Commissioners may direct. •Amended by Act of 7th Dec. 1841, sec. 74. 106 BANKS AND BANKING.—General Laws—1838. Free Banking Law. worfaage"11 28. Sec. IX. The said Comptroller and Commissioners may, in foxCotS"elld their discretion, reassign the said bonds and mortgages, or any of them, to the person or association of persons who transferred the same, on receiving other approved bonds and mortgages, or other unquestionable security, as allowed by the preceding sections of this Act, of equal amount and value, interesttobe 29. Sec. X. The person or association of persons, so assigning paid owner. ponc[s anc[ mortgages as aforesaid, may receive the annual in¬ terest to accrue thereon, unless default shall be made in paying the bills or notes to be countersigned as aforesaid, of unless, in the opin¬ ion of the Comptroller and Commissioners, the bonds and mortgages so pledged shall become insufficient security for the payment of such bills or notes. on failure to 30.* Sec. XL In case such person or association of persons b^compnvi-shall fail or refuse to pay such bills or notes oil demand, in the man- mL^oncrT ner specified in the fourth section of this Act, the Comptroller and Commissioners, after the sixty days' notice therein mentioned, may proceed to sell at public auction the public stocks so pledged, or the bonds and mortgages so assigned,oruny or either of them: Provided, the amount so refused to be paid, be not paid by said association within the sixty days, out of the proceeds of said sales, shall pay and cancel the same bills or notes, default in paying which shall be made as aforesaid; but nothing in this Act contained shall be con- state not iia-s^hered as implying any pledge or liability on the part of this State, Me. for the payment of the said bills or notes, beyond the proper appli¬ cation of the securities pledged to the Comptroller and Commission¬ ers for their redemption. Town and 31.- Sec. XII. The Comptroller and Commissioners shall be, ertf undT an(l they are hereby authorized to receive from such person, or asso- stricdon^0 ciation of persons, if they shall so elect, bonds and mortgages for lands, town property or negroes, before recovering any of the said bills or notes to securfe, of fourfold value of such bills or notes: Provided, nevertheless, that the said Comptroller and Commissioners shall be satisfied of the title and value thereof: And provided, also, that the said town or other property, if subject to diminution or de¬ struction by fire, shall be insured to the satisfaction of such Comp¬ troller and Commissioners, or a majority of them : And provided, farther, that the negro property to be offered do not exceed one-half of the whole amount of such bills or notes and whenever the bills and notes so to be issued, and the payment of which shall be secured as contemplated in this section, said bills and notes shall be stamped stamp. on face^ u secureq by- the pledge of real and personal property;" which bonds, mortgages, and negroes, shall be sold hi like manner as property is sold under execution, and in the County where the owner or owners thereof reside, and by the Sheriff of the -County, by orders of the Comptroller and Commissioners, stockholders ^EC' stockholder or any officer of said bank, shall imd direct- borrow money from the pledge of his stock, but shall give the same ora. . * Amended by Act of Dec. 7, 1841, sec. 74. BANKS AND BANKING.—General Laws—1838. 107 ^ Free Bankihg Law. security as other borrowers of said bank, and such security shall not be either a director or stockholder in said institution. 33. Sec. XIY. The public debt,* stocks, bonds, and mortgages, stock, &c. to be deposited with the Comptroller and Commissioners by any such tionof bm& person or association, shall be held by them exclusively for the re¬ demption of the bills or notes of such person or association put in circulation as money, until the same are paid; but the same shall be renewed every five years, if, in the opinion of the Comptroller and Commissioners, or a majority of them, such renewal shall be required Renewal, to strengthen such security by the addition or substitution of other property. 34. Sec. XY. The plates, dies, and materials, to be procured as ^'cat^'cdies' aforesaid, for the printing, making, and marking the circulating dy of Comp- notes, provided for by this Act, shall remain in the custody, and commission under the control and direction of the Comptroller and Commissioners,ers- and expenses necessarily incurred in executing the provisions of this Expenses. Act, shall be advanced by the association or associations applying for such notes. And the said Comptroller and Commissioners are hereby authorized and required to charge against and receive from such person or association applying for such circulating notes, such rate per cent, thereon as may be sufficient- for that purpose, and as may be just and reasonable. 35. Sec. XYI. It shall not be lawful for the Comptroller and of Commissioners, or other officers, to countersign bills or notes for any comptroii^ person or association of persons to an amount in the aggregate ex- mission^, ceeding the security offered at its value as before provided for, and actually deposited with the Comptroller and Commissioners, by such person or association; and any Comptroller, Commissioner or other officer who shall violate any of the provisions of this Act, shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by a fine not less than ten thousand dollars, and im¬ prisoned not less than five years in the penitentiary. 86. Sec. XYII. If any person or association of persons shall be Running off . or selling convicted of running off, or attempting so to do, any negro slave so mortgaged mortgaged as aforesaid, or of selling or disposing of such mortgaged piupslty' property, which may be removed out of this State, he or they shall be adjudged guilty of a felony, and shall be punished by confine- a felony, ment in the penitentiary for a term not less than five or more than ten years, at the discretion of the Court. 37. Sec. XYIII. Any persoii or number of persons may as~ lea sociate to establish offices of discount or deposit and circulation $100,000. b upon the terms and conditions, and subject to the liabilities pre¬ scribed by this Act; but the aggregate amount of the capital stock of any such association shall not be less than one hundred thousand dollars. Such persons, under their hands and seals, shall make a certificate, which shall specify: 1st. The name assumed to distinguish such association, and to be certificate used in its dealings: Provided, the name of any existing bank,-or name,"pecify any name previously selected by any association formed under this law, be not assumed. 2d. The place where the operations of discount and deposit of place, 108 BANKS AND BANKING.—GENERAL LAWS—1838. Free Banking Law. amount of stock, sharehold ers, time, recorded. Certificate evidence. Privileges of 39. association. such association are to be carried on, designating the particular city town, or village. 3d. The amount of the capital stock of such association, and the number of shares into which the same shall be divided. 4th. The names and places of residence of the shareholders, and the number of shares held by each of them respectively. 5th. The period at which such association shall commence and terminate. Which certificate shall be proved and acknowledged, and recorded in the office of the Clerk of the Superior Court where any office of such association shall be established, mid a copy thereof filed in the office of the Comptroller. 38. Sec. XIX. The certificate required by the last preceding sec¬ tion to be recorded and filed as aforesaid, or a copy thereof duly cer¬ tified from the record, shall be received in evidence in any Court in this State. Sec. XX. Such association shall have power to carry on the business of banking by discounting bills, notes, and other evidences of debt, by receiving deposites, by buying and selling gold and silver bullion, foreign coins and bills of exchange, in the manner specified in their articles of association for the purposes authorized by this Act, by loaning money on real or personal security, and by exercis¬ ing such incidental powers as shall be necessary to carry on such business ; to choose one of their number as president of such associa¬ tion, and to appoint a cashier, officers and agents at pleasure, and appoint others in their places. 40. Sec. XXI. The shares of said association shall be deemed personal property, and shall be transferable on the books of the asso¬ ciation in such manner as may be agreed upon in the articles of asso¬ ciation, and every person becoming a shareholder by such transfer, shall in proportion to his shares, succeed to all the rights and liabili¬ ties of prior shareholders, and no change shall be made in the articles of association by which the rights, remedies, or security of its exist- N°t^ssoiv'd ffig creditors shall be weakened or impaired. Such association shall by eath,&c. ^ dissolved' by the death or insanity of its shareholders therein. 41. Sec. XXII. It shall be lawful for any association of persons organized under this Act, by their articles of association, to provide for an increase of their capital, and of the number of the associates, from time to time as they may think proper. 42. Sec. XXIII. Contracts made by any such association, and all notes and bills by them issued, and put in circulation as money, shall be signed by the president or vice-president, and cashier of such association thereof; and all suits and actions brought, or prose¬ cuted by, or in behalf of such association may be brought or pros¬ ecuted, in the name of such association ; and no such suit or action shall abate by reason of the death of any officer or member of such association, but upon suggestion of such fact, parties may be made, and the case proceed as if no such disability had intervened. 43. Sec. XXIV. All persons having demands against any such association, may maintain actions against it in the name of such as¬ sociation in like manner ; and all judgments and decrees obtained or Officers. Shares and sharehold¬ ers : • Increase of capital. Contracts. Suits by. Suits against BANKS AND BANKING.—General Laws—1838. 109 Free Banking Law. rendered against such association for'any debt or liability of such as¬ sociation, shall be enforced against the joint property of such associa- individual tion, until that shall have been exhausted; and when that shall have utVprXauL~ been exhausted, then against the property of the individual stock¬ holders rateably. 44. Sec. XXV. No shareholder of any such association shall be liable in his individual capacity, for any contract, debt, or engage- cept by con- ment of such association, unless the articles of association by himtldCt' signed, shall have declared such liability, except as provided for. 45. Sec. XXVI. It shall be lawful for such association to pur-purchase of chase, hold and convey real estate for the following purposes : thatreal estate' is to say, such as shall be necessary for its immediate accommodation in the convenient transaction of its business, or such as shall be mortgaged to it in good faith by way of security for loans made by, or moneys due to such association, or such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its deal¬ ings, or such as it shall purchase under judgments or mortgages held by such association. 46. Sec. XXVII. Upon the application of creditors or share-inquiry mto holders or any of such association-whose debts or shares shall amount by order^T to five thousand dollars and stating facts verified by affidavits, or if, pe^g® court at any time, the said Comptroller and Commissioners shall deem it necessary either from facts resting within their own knowledge, or from information supported by oath, upon the application of such Comptroller and Commissioners, the Judge of the Superior Court of the district in which any such association shall be located, or be do¬ ing business, who shall, in the exercise of Chancery jurisdiction in chambers, upon a proper case made, order a strict examination to be made by either of the said Commissioners, or any other fit and pro¬ per person, of all the affairs of such association, for the purpose of as¬ certaining the safety of its investments and the prudence of its man¬ agement, and the result of every such examination, together with Result pub the opinion of such examiner and such Judge thereon, shall be pub-ll:5hed' lished in such manner as the said Judge shall direct, and shall make such order in respect to the expenses of such examination and pub¬ lication, as the principles of justice shall require. 47. Sec. XXVIII. All mortgages executed under this Act, shall Record of be recorded in the manner and time now required by law in relation mortgdgts- to other mortgages; and if upon real estate, shall also be recorded in the County where the mortgager resides ; and if not so recorded, it shall not be received as security, and shall be null and void. 48. Sec. XXIX. Every such association shall, on the first Mon- semi-annual days in April and October, in every year, after having commenced the business of banking, as prescribed by this Act, make out and transmit to the Comptroller and Commissioners, in the form to be prescribed by them, a full statement of the affairs of the association, Underoath verified by the oath of the president and cashier, which statement shall contain, 1st. The amount of capital stock paid in according to the provis¬ ions of this Act, or secured to be paid. contents. . 2d. The value of the real estate of the association, specifying what 110 BANKS AND BANKING.—General Laws—1S3S. Free Banking Law. portion is occupied by the association as necessary for the transaction of its business. 3d. The shares of the stock held by such association, whether absolutely, or as collateral security, specifying each kind and descrip¬ tion of stock, and the number and value of shares of each. 4th. The amount of debts due to the association, specifying such as are due from monied or other corporations or associations, and also specifying the amount secured by bonds and mortgages, or judgments, and the amount which ought to be included in the computation of losses. 5th. The amount of debts due by such association, specifying such as are payable on demand, and such as are due to monied, or other corporations or associations. 6th. The amount of claims against the association, not acknowl¬ edged by it as debts. 7th. The amount of notes, bills, or other evidences of debt issued by such association. 8th. The amount of the losses of such association, specifying whe¬ ther charged on its capital or profits since its last preceding statement, and of its dividends declared and made during the same period. 9th. The average amount in each month during the preceding six months, of the debts due to and from the association, the average amount of specie, and designating how much gold, how much silver, and how much silver possessed by the same during each month, and the amount of bills and notes issued by such association and put in circulation as money, and outstanding against the association on the first day of each of the preceding six months. 10th. The average amount in each month during the preceding six months due to the association from all the shareholders in the as¬ sociation ; also, the greatest amount due to the association in each of the preceding six months from all the shareholders in such asso¬ ciation. 11th. The amount which the capital of said association has been increased during the preceding six months, if there shall have been any increase of said capital, and the names of any persons who may have become parties to the said articles of association, or may have porter withdrawn therefrom since the last report; it shall be the duty of lished. the Comptroller and Commissioners to consolidate the several Spring reports so required to be made by this section, and to cause them to be published in. a newspaper printed in the County where the place of business of such association is situated, if there be one, and in one Fail reports or more papers printed at the seat of Government; and the October before Gen'i reports to be transmitted to his Excellency the Governor, to be laid Assembly. kefore General Assembly ; the expense of such publication to be paid by such association. dissolved 49. Sec. XXX. If any such association shall neglect to make oia'ti!vl"^out and transmit the statement required in the last preceding section this Act. for fifteen days beyond the period when the same is required to be made, or shall violate any of the provisions of this Act, such associar tion may be proceeded against and dissolved by the Court, in the BANKS AND BANKING.—General Laws—1838. Ill Free Banking Law. same manner as any monied corporation may be proceeded against and dissolved. 50. Sec. XXXI. If any portion of the original capital of any any such association shall be withdrawn for any purpose whatever, whilst }^v°tfhcapi* any debts of the association remain unsatisfied, no dividends or profits drawn. on the shares of the capital stock of the association shall thereafter be made until the deficit of capital shall have been made good, either by subscription of the shareholders, or out of the subsequently ac¬ cruing profits of the association ; and if it shall appear that any such dividends had been made, it shall be the duty of the Comptroller and Commissioners to take the necessary measures by injunction or other- Penalty- wise, for closing the affairs of the association and distributing its property and effects among its creditors. 51. Sec. XXXII. Such association shall be liable to pay to the foa™affu^e te holder of every bill or note put in circulation as money, the paymentredeem- of which shall have been demanded and refused, damages for non¬ payment, in lieu of interests at and after the rate of 18 per cent, per 18 Per cent- annum, from the time of such refusal, until the payment of such bill or note, and the damages thereon. 52. Sec. XXXIII. In all settlements between the chartered banks and the associations contemplated by this Act, said chartered own billa- banks shall receive in payment their own bills and bills of their branches. 53. Sec. XXXIY. The. president and cashier of every such as-Li?t°fshare- r n i •• e ■ k in ii holders cor- sociation, formed pursuant to the provisions of this Act, shall at all rected semi- times keep a true and correct list of the names of the shareholders of amTfiied. such association, and shall file a copy of such list in the office of the Clerk of the Superior Court of the County where any office of such association may be located, and also in the office of the Comptroller, on the first Mondays in April and October in every year. 54. Sec. XXXV. It shall not be lawful for any association fjooo^aya1- formed under the provisions of this Act, to make any of its bills or ble at notes, of a denomination less than $1,000, tobe(put in circulation as money, payable at any other place than at the office where the busi¬ ness of the association is carried on and conducted. 55. Sec. XXXVI. No association of persons authorized to car- ry on the business of banking under this Act, shall, at any time for [°a«b Sca¬ the space of thirty days, have on hand at their place of business less than 25 per cent, in specie on the amount of the bills or notes in circulation as money. 56. Sec. XXXVII. The Commissioners contemplated by this )j°™™is"how Act, shall be elected by joint ballot of both branches of the General elected Assembly, during the present session, and at every subsequent session thereafter, and shall be subject to be removed in the manner pointed out by the Constitution ; said Commissioners shall be commissioned and quaiifi- by the Governor, and shall, together with the Comptroller, take aned' oath for the faithful discharge of the duties required by this Act, and shall receive four dollars per day for each day they shall be actually Compensa- engaged in their duties, to be rateably paid by such association, in 112 BANKS AND BANKING.—General Laws—T838. Free Banking Laws—Bills of Bank and Branches—Liability of stockholder transferring. the manner hereinbefore pointed out by this Act for the payment of expenses.* years!°f 20 ^7. Sec. XXXVIII. No association of persons under this Act, shall be formed and established for a longer period than twenty years; .Provided, That at the expiration of the time limited by this section, Reorganiza- it shall be in the power of any association to re-organize under the provisions of this Act, if then of force, or under any other law which a future Legislature may adopt on the same subject, and'commu- ^8. Sec. XXXIX. Neither the Comptroller or Commissioners si0b«rSsha0re be authorized to hold stock in any of the said banks, and should holders. they violate the provisions of this section, they shall fprfeit their office and appointment, and the amount paid in by said Commission¬ ers and Comptroller, shall accrue to and become the property of the State. • • «Iri"fersent ^9. Sec. XL. Any transfer or disposition, by the Comptroller or void and Commissioners, or by either of them, of any public debt alluded to in the 2d section of this Act, or any transfer or disposition of bonds or mortgages, for any purpose, other than is provided for in this Act, such transfer or disposition shall be null and void. gentrissme Sec. XLI. The General Assembly may, at any subsequent ses- W- sion, alter, amend-, or repeal this Act i An Act to regulate the settlements between the Banking Institutions of this State, and to define the liabilities of Stockholders who shall transfer their interest therein, or other Institutions.—Assented to Dec. 29, 1838. Pam. 44. andSBrLciik ^EC' ^ Be it enacted, That from and immediately after the es receivable passing of this Act, the several banks' chartered by the General As- payment of sembly of this State, and the branches thereof, shall receive their debts. own whether issued , or made payable at the parent bank, or any of its branches, at par; at the counter of such parent bank, or any of its branches, in settlement of balances due to such parent bank or any of its branches, as the case may be j any law or usage to the contrary notwithstanding, mmivrrfng bl. Sec. II. Where the stockholders in any bank or other cor- fromirability P°ration, are individually responsible under the charter thereof, and comT t'Uin an-v such stockholder shall transfer his or her stock, he or she shall be exempt from all liability for the notes and contracts of such bank or other corporation, unless he or she receive written notice from any creditor thereof, within six months after such transfer, (in which case he or she shall not be exempt from such creditor's claim)—Provided, such stockholder shall give notice once a month for six months of such transfer, and immediately thereafter in two newspapers in, or nearest to the place where such bank or other corporation shall keep the principal office. Sec. III. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. * Amended by Act of Dec. 21, 1380, r»«e. 82. BANKS AND BANKING.—General Laws—1839. 113 Amendment to Free Banking law. An Act to prevent the several Banks of this State from selling or disposing of exchange at a higher rate per cent, thart herein ex¬ pressed, under certain conditions, and to prescribe the mode of pun¬ ishment for a violation of the same.—Assented to Dec. 23, 1839. Pam. GO. [Repealed by Act of 1840, pam. 26.] An Act explanatory and amendatory of the thirty-seventh section of an Act assented to on the twenty-sixth day of December, one thousand eight hundred and thirty-eight, authorizing the busi¬ ness of Banking;, and regulating the same.—Assented to Dec. 21, 1839. Pam. 30. 62. Sec. I. Be it enacted, That from and after the passage of comptroller and fJoiii" this Act, that it shall be the duty of the Comptroller and" Commis- missioners sioners that now are, and that hereafter may be appointed, agreeable fn cLny of to the provisions of the said thirty-seventh section of the above re-|™®^eally cited Act, on the application of any person or persons, or associations of persons, to the said Comptroller and Commissioners that now are, or that may hereafter be appointed agreeable to the provisions of the above recited section, for the object therein contained, the appoint¬ ment of commissioners, or for other duties required of the said Comptroller and Commissioners, to enable any person or persons or association of persons, for the constitution of a bank or banks, agreeable to the provisions of the above recited Act, to make a fair and regular entry of the time that the said Comptroller and Com¬ missioners have been actually in service in the duties required of them in the provisions of the said recited Act, plainly setting forth the name of the person or persons or association of persons thus ap¬ plying, with the name of the place of location of any such entered company or association of persons. 63. Sec. II. The Comptroller and Commissioners that now are, §50°penalty 1 ; for over- or that shall hereafter be appointed by the provisions of the above charge, recited section, shall not charge, claim or receive, from any person or persons or association of persons, any sum or sums of money, otherwise than from the person or persons or association of persons by whom application may be made to said Comptroller and Commis¬ sioners, for the appointment of appraisers or commissions for any company or companies with the intention of banking, agreeable to the provisions of the above recited Act, [and] shall be fined in a sum not less than five hundred dollars for every such offence, recoverable in any Court in this State having competent jurisdiction of the same, one moiety to the prosecutor, and the other moiety to the County fofmer°and where such action shall be instituted, for County purposes; any law, ^aif^to the usage or custom to the contrary notwithstanding. oun y" 15 114 BANKS AND BANKING.—General Laws—1839. Semi-annual llcturns—Contents. An Act to amend an Act entitled an Act more effectually to secure the solvency of all the Banking Institutions of this State, passed the 2 * 4 " to be turned that so soon as said receiver shall have collected a sufficient amount holders. from the assets of said bank, to pay off all its liabilities, he shall forthwith turn over to the stockholders, or to whomsoever they may appoint for that purpose, the balance of said asspts remaining in his hands,! and the said persons so appointed, or receiver, as the case •Amended by Act of Dec. 23, 1813, see sec. 89. fSee sec. 6 of this Act. Bond. Duty. BANKS AND BANKING.—General Laws—1842. 119 Liability for misconduct—Duty of Receivers. may be, shall-receive as full compensation for their services one and9°™mis- a half per centum for the first fifty thousand dollars collected and paid out by them or him, one per ceiitum on the next hundred thou¬ sand dollars, so collected and paid out, and one half of one per centum for any balance they may so collect and pay ; and in case of ^tFaddfvi~ extraordinary services, his Excellency the Governor shall allow suchtional ,com- receivers such additional compensation as he shall deem reasonable. 79. Sec. III. The issues of said bank or banks, shall first he^®^^ paid off and redeemed; Provided, that after due notice to the billed, holders for three successive months, published in two of the public gazettes published in the City of Milledgeville, if said issues shall not then have been presented for payment, the said persons so ap- pointed, or receiver, shall proceed to pay off and discharge such other er liabilities liabilities as may be due and owing by said bank, in such manner as may be satisfactory to-the creditors of said bank; And provided, also, that the persons so appointed, or receiver aforesaid, shall hold over and pay ci'rcuia- • • • tion twelve retain a sufficient sum to pay off said issues, for a term not exceeding months, twelve months from the date of their appointment as receivers or re¬ ceiver. 80. Sec. IV. Should said persons so appointed, or receiver, as conversion . _ r . r 1 of assets by the case may be, convert any portion of said assets, to their or his mdi- receiver, vidual use and benefit, or for any other purpose than the payment of the liabilities of said bank, except for necessary contingent expenses and for the services of a competent clerk or officer, they shall be held ^"trust del- liable to indictment as for larceny, after a trust delegated ; and upon sated- conviction thereof, shall be punished by confinement at hard labor in Punishment the penitentiary for a term of not less than three nor more than five years, at the discretion of the Judge before whom said case may be tried. 81. Sec. Yy. If the property, effects, and assets of said bank or if ^ets in- banks, shall prove insufficient to pay its debts and liabilities, then suit »;s. stock- aild in that case it shall be the duty of said receivers, immediatelyholder' to institute suit or suits, in their own names, as such receivers, against each of the stockholders of such bank, or the representatives of such stockholders, for the purpose of recovering from them, their propor¬ tionate part of such deficiency, according to the terms of the char¬ ter of such bank or banks, and such 'money when so collected, shall be divided among the creditors of such bank or banks, as in other cases hereinbefore directed.1 82. Sec. VI. When all the debts due by said bank or banks, After pay- shall have been paid off and discharged, the persons who may have dlbts,Peseta been appointed receivers as aforesaid, shall collect and divide the re- among1 maining assets among the respective stockholders in proportion to stocM">id- the. amount of stock held by them. 83. Sec. VII. This Act shall not be construed as to affect the Does not ex- Central Bank of this State, in any manner whatever. traidBan^n" 84. Sec. VIII. All actions brought by said receivers, shall be suits by re_ if! the name of said receivers ; and in case of the death of anyone ofceivers* said receivers before final judgment, said action shall not thereby [l.J See 8 Ga. Rep. 468, 486. 120 BANKS AND BANKING—General Laws—1812-'13. Duty of Receivers—Issue of small bills—Publication of Reports. abate, but shall proceed to judgment, as if no such death had taken place. payments 85. Sec. IX. Said receivers or receiver, shall not pay more than vror a pro rata share to each creditor of said bank or banks. Sec. X. All laws and parts of laws, militating against the pro¬ visions of this Act, be and the same are hereby repealed. . An Act to permit all the specie-paying solvent hanks of this State, to issue bills of a denomination less than five dollars.—Assented to Dec. 27, 1842. Pam. 31. solvent b'ks 86. Sec. I. Be it enacted, That from and after the passage of this bills under Act, all specie-paying and solvent banks in this State, be, and they fmomifof 5 are hereby authorized to issue small bills of the denomination of one, opimntocL two> three and four dollars, to an amount not exceeding five per cent of their capital stock.* Sec. II. All laws and parts of laws militating against this Act be and the same are hereby repealed. An Act amendatory of the Act providing for the publication of the Bank Reports.—Assented to Dec. 22, 1843. Pam. 22. pubhsh uieir ^' ^EC' ^ Be it enacted, That the law requiring the returns of reports at the banks to be published at the expense of the State, be and the expense^11 same is hereby repealed ; and hereafter the- several banks shall be, and they are hereby required to publish their respective reports in some public gazette, at their own expense—any law to the contrary, not withstanding.f on failure, 88. Sec. II. The bills of any bank failing to publish its return cievabie at as aforesaid, within thirty days after making th© same, shall not be Treasury. receivec[ ^ payment of taxes, or at the Treasury of the State. An Act to amend an Act to compel the several banks of this State to redeem their liabilities in specie and to provide for the forfeiture of the charter or charters of such as may refuse ; assented to on the 18th Dec. 1840; and an Act for the relief of certain banks which have suspended specie payments, against which judicial proceed¬ ings have been instituted for the forfeiture of their charters, as¬ sented to on the 10th Dec. 1841, and also to amend an Act amen¬ datory of the before recited Acts, assented to on the Yith December, 1842.—Assented to Dec. 23, 1843. Pam. 21. Whereas, under the provisions of the se veral before recited Acts, judicial proceedings were instituted against the Bank of Columbus, *See ante, this title, sects. 7, 8, 9. fBy Act of Dec. 21, 1833, the reports were required to he published by the Gover¬ nor in " as many of the gazettes of this State as he deemed necessary." By Act of Dec. 23, 1840, in two of the newspapers in Milledgeville. See also Act of 1850, sec. 95. BANKS AND BANKING.—General Laws—1843~'50. 121 Assignees of defaulting Banks—Bank returns. the Planters' and Mechanics' Bank of Columbus, and the Chattahoo- chie Rail Road and Banking Company of Georgia, which resulted in decrees of forfeiture of their several charters, as provided for and contemplated by said Acts: And 'whereas, prior to said decrees of forfeiture, each of said banking institutions had regularly made asr signments of all their property, real and personal, and all their debts, credits and effects, for the benefit of all their creditors and stockhold¬ ers : And whereas, under the provisions of the said Act, assented to on the 13th December, 1842, no receivers have been appointed, and no person can be found willing and competent to act as such— therefore, 89. Be it enacted, That from and immediately after the passage of Assignments this Act, the assignments severally made by the said banking institu- cFared^ilJt tions aforesaid, by the Planters' and Mechanics' Bank to Robert B. Alexander, by the Bank of Columbus to Edward Cary, and by the Chattahoochie Rail Road and Banking Company to John Bethune,1 which assignments conform to the Act of the last General Assembly, and are of record in the Clerk's office of the Superior Court of Mus¬ cogee County, shall be taken, held and considered valid for all pur¬ poses, both in Law and in Equity. 90. Sec. II. Said assignees shall have power and authority to Power of as- proceed forthwith to the settlement, collection and payment of the slgnees' debts due to and from said banking institutions, according to the pro¬ visions of the said several deeds of assignment. 91. Sec. III. Said assignees shall, upon motion, to any Court in ^a£fX>niea which suit is or may be pending, for or against said banking institu¬ tions, and notice of said motion to all the parties to said suit served upon them personally, or upon their attorney at law of record, be made parties to said suits, and that they shall have full ppwer to sue Suits by and and be sued in their said character as assignees, for any demand due agamst to and from said banking institutions. 92. Sec. IV. Said assignees shall be subject to the same duties, |am|d"ties' responsibilities, pains and penalties, as are provided for receivers, in ceivers. the Act of the last General Assembly of this State. Sec. V. All laws militating against the provisions of this Act, are hereby repealed. An Act to change, point out and regulate the manner in which the returns of the several banking institutions of this State shall here¬ after be made.—Approved Feb. 21, 1850. Pam. 60. 93. Sec. I. Be it enacted, That after the passage of this Act, his Excellency the Governor of the State shall twice in each and On requisi- every year require, by public advertisement for at least two weeks ernorbtwice in a gazette printed at the seat of Government, each and every bank mrnato be and banking institution in this State to make a just and true return made- under the oaths or affirmation of its president and cashier, of the [1.] This recital insufficient evidence of the fact of assignment—and party is not estopped from denying it. 7 Ga. Rep. 90. 16 122 BANKS AND BANKING—General Laws—1850. Bank Returns—Publication thereof. state and condition of such bank or banking institution, with the names of its president and directors, and a list of its stockholders, on the day of the regular weekly meeting of the president and directors thereof next preceding the date of such requisition by the Governor; and it shall be the duty of each and every bank or banking institu¬ tion, within thirty days after the date of such call by the Governor, Penalty for and under the penalty now prescribed by law for a failure to make di ure- returns, to make and transmit to the Governor such return so required in lieu and stead of the return heretofore required, and doubtful 94 Sec. II. In the respective returns required by the preceding debts. section, the good, bad and doubtful debts of said bank or banking in¬ stitution, respectively, shall be set forth as now.required by law. thereto11 95. Sec. III. When any bank or banking institution shall make fore. the return required by this Act, the same shall be published by such corporation within the time, under the penalties, and in the manner prescribed by existing laws, publishing the list of stockholders once a year only. All laws and parts of laws militating against this Act be, and the same are hereby repealed. [Statutes omitted as obsolete, repealed or superseded. Act of 1816, vol. III. 103; 1818, lb. 106; 1820, vol. IV. 70; 1821, lb. 70; 1824, lb. 71; 1826, lb. 75 ; 1833, Pam. 38 ; 1840, Pam. 26, 28.] BANKS AND BANKING.—Central Bank. 123 Analysis. ART. II. CENTRAL BANK.* Sec. 1. Established. " 2. Capital. " 3. Taxes and Dividends. " 4. Directors. " 5. Their Bond. " 6. Cashier—Bond—Oath. " 7. Directors—annually. " 8. Vacancies. " 9. President—Salaries. " 10. Additional Clerk. " 11. Discounting. " 12. Indebtedness. " 13. Officer's qualification. " 14. Books, open. " 15. Style—Privileges. " 16. Circulation. " 17. Books—Annual Statement. " 18. Books—open. " 19. Bills, receivable. " 20. Indorsement—Protest. " 21. Renewals—Interest. " 22. Extent of Loans. " 23. Distribution of. " 24-. Suits by. " 25. Notes for collection. '• 26. Suits against. " 27. Charter may be altered. " 28. Notes over $2,500. " 29. Annual reduction. " 30. Distribution. " 31. Dividends from Stock. " 32. Transfer of. " 33. Debtors to State. " 34. Satisfied Bonds. '• 35. Interest. " 36. Books—how evidence. " 37. Control over. •' 38. Clefk—not director. " 39. Cashier's Salary. " 40. Teller. " 41. Forfeited lands. " 42. Parties to notes. " 43. Annual renewals. " 44. And not semi-annual. " 45. Salaries of Officers. " 46. Loan of $150,000. " 47. Maker's Oath " 48. Loan of $725,000. " 49. Interest. " 50. Where chargeable. " 51. Loan extended. Sec. 52. Appropriations. " 53. Redemption of loan. " 54. Charter extended. " 55. Attorneys. " 56. 8 per cent, on overdue paper. " 57. Purchase of Exchange, " 58. Interest on suits. " 59. Circulation. " 60. Non-specie paying banks. '• 61. Sale of Bank Stock. " 62. State's Director. " 63. Education Fund. " 64. Appropriations. " 65. Expenses of Legislature. " 66. State Bonds. " 67. State Guaranty. " 68. Sale of Bonds. '• 69. Sale of Stocks. " 70. Appropriations. " 71. Change Bills. " 72. Darien Bank Charter. " 73. Control of Central Bank. " 74. Renewal of notes. " 75. Directors reduced. " 76, Duty. " 77. Settlement with Debtors. " 78. Real Estate. " 79. Liability of Central Bank. " 80. Suits vs. Darien Bank. " 81. Proceedings. " 82. Renewals. " 83. Sale of Stocks. " 84. Military Claims. " 85. Interest on Public Debt. " 86. Repeahng clause. " 87. Loans prohibited. " 88. Repealing Statute. " 89. Appropriations. " 90. No new discounts. " 91. State Pledged. " 92. Bills burned. " 93. One Director. " 94. Discharge of Officers. " 95. Redemption of Bills. " 96. Insolvent Claims. " 97. Agent authorized. " 98. Commutation of Bonds. " 99. State Pledged. " 100. Affairs of the Bank of Darien. " 101. Charter extended. *The compiler has retained under this title all the legislation on this subject, whether repealed or in force—noting the former. The reason for this is, the necessary and frequent reference to these Acts, by legislators and Courts. Consult with this title, also, the title " Public Debt." 124 BANKS AND BANKING.—CENTRAL BANK—1828. Charter—Capital stock—Directors. An Act to establish a bank at Millcdgeville, to be called and known by the name and style of " the Central Bank of Georgia," to ap¬ propriate Moneys, Bank Stock, and other Securities, to form the Capital Stock of said Bank, and to incorporate the same.—Ap¬ proved Dec. 22, 1828. Yol. IV. 86. Preamble. Whereas, it is deemed expedient and beneficial both to the State and its citizens, to establish a bank on the funds of the State for the purpose of discounting paper, and making loans upon terms more advantageous than has been heretofore customary : The central 1. Be it therefore enacted, That a bank shall be established in be- Georgiafes- half of the State of Georgia, at Milledgeville, in said State, to be Mniedge-at known and called by the name and style of "the Central Bank of Geor- viUe- gia," in the manner and on the conditions and limitations hereinafter expressed. what shaii 2. Sec. II. The money in the treasury of the State, not other- the capital wise appropriated ; the shares owned by the State in the Bank of stock. Augusta, in the Planters' Bank of the State of Georgia, in the Bank of the State of Georgia, and in the Bank of Darien ; and all bonds, notes, specialties, judgments due the State ; and all moneys arising from the sales of fractions and town lots heretofore made (and here¬ after to be made); and all other debts and moneys at any time due the State, shall constitute and form the capital stock of said bank; and the same are hereby appropriated for that purpose, and are and shall be vested in the president and directors of said bank, and their successors in office, as hereinafter prescribed; and shall be and re¬ main the capital stock of said bank, and subject to the payment of or^toxoHectbills and notes issued by said bank : and it shall be the duty of debtstatee directors t° collect the debts due the State as early as practicable ; Proviso.' Provided, however, that every person in debt to the State may be allowed to renew his, her, or their notes, bonds, or other specialty, agreeably to the provisions of this Act, in the same manner as persons borrowing money on accommodation paper : and provided further, that when the time of payment has been extended by the State, and when payments are not yet due, no suit shall be commenced until the times of payment shall arrive. taxes and 3. Sec. III. All the taxes hereafter to be collected on account of dends to be the State, and all its dividends arising from stock in other banks, deposited. sha]j deposited in said bank, to aid and facilitate its operations; subject, nevertheless, to all the drafts on the part of the State, author- Proviso. iZed by legal appropriations; Provided, nothing in this Act shall be so construed as to interfere with the appropriations of the proceeds of the bank stock heretofore set apart for the purposes of internal im¬ provement and education. Directors to 4. Sec. IV. There shall be three* directors of said bank, who by the Gov- shall be appointed by his Excellency the Governor, to superintend They shaii an(i manage the affairs of said bank; which said directors shall elect dent cashiera President from among ttieir own body to preside over said institu- and clerk. •Two dispensed with by Act of Dec. 28, 1842, sec. 93. BANKS AND BANKING.—Central Bank—1828. 125 Cashier—President—Clerk. tion ; and the said president and directors shall have power to elect a cashier and clerjr ; and the said cashier and clerk, so appointed, shall remain in office so long as they continue to discharge their respective duties with fidelity; subject to removal by the Governor, the presi¬ dent, and directors of said bank ; and any officer, so removed,' shall not again be eligible to hold any office in said bank. 5. Sec. Y. That the directors of said bank shall, before entering The direct- upon the duties of their office, severally make and deliver to his Ex- ors and cellency the Governor for the time being, and his successors in office, their bonds, with good and sufficient securities in the sum of one hundred thousand [dollars,] for the faithful discharge of their duties as directors aforesaid. 6. Sec. YI. The cashier of said bank, before entering upon the cashier shall duties of his office, shall make and deliver to his Excellency the fnd6 security Governor, for the time being, and his successors in office, his bond, ^So^oo?1 °f with good and sufficient securities, in the sum of $100,000, condi¬ tioned for the faithful discharge of his duties as cashier aforesaid ; aiso aii oth- and all other officers of said bank shall each give bond and security,er 0 cers" in the manner and form aforesaid, in the sum of $20,000; which Bonds to be bonds, so taken, shall be, by his Excellency the Governor, deposited dep0Slted- in the office of the Comptroller General; and all the officers of said And shall bank, before entering on the discharge of their respective duties,takeanoath" shall take and subscribe the following oath, to wit: " I, , oath. do solemnly swear, that I will faithfully discharge the trust reposed in me, as of the Central Bank of Georgia ; so help me God which oath shall be taken in writing, signed by the party, and filed in the Executive Department.1 7. Sec. YII. Immediately after the passage of this Act, his Ex- Directors to cellency the Governor shall appoint three directors, who shall con- annuany"ted tinue in office until the first day of January, 1830 ; at which time, a!igibiebe re~ and on every first Monday in January thereafter, he shall appoint three directors for said bank : and provided, he shall fail to appoint Proviso, at the time above mentioned, the old directors shall continue in of¬ fice until his Excellency the Governor shall make such appointments on any day thereafter ; and such directors shall be eligible to re-ap¬ pointment. 8. Sec. YIII. When any vacancy shall happen in said board of vacancies, directors, his Excellency the Governor shall fill the same. 9. Sec. IX. The president of said bank shall receive for his president's salary the sum of $1,500 per annum ; the other directors of said bank |a/a5oo. shall receive for their salaries $700 each per annum ; the cashier of said bank, who shall perform the duties of cashier and teller of said cashier, $1,500. bank, shall receive for his salary $1,500 per annum ; and the salary cierk,' of the clerk, who shall perform the duties of discount clerk and book-$1'000' keeper, shall be $1,000 per annum: which said salaries shall be payable quarter-yearly.* 10. Sec. X. The Governor, the president, and directors of said May appoint bank be, and they are hereby authorized to appoint another clerk, vXm'nece^ sary. ♦Salaries increased by Acts of 1831 and 1836, sees. 39, 45. Reduced 20 per cent, by Act of Nov. 11, 1841, see " State Officers," sec. 53. 126 BANKS AND BANKING—Central Bank—1S28. Discounting bills—Debts—Books—Style—Privileges. with a salary of $1,000 per annum, whenever, in their judgment, the business of said hank require it; to whom shall be assigned such part of the duties hereinbefore mentioned as they may think proper. 11. S eg. XI. The said bank shall discount bills of exchange and notes on two or more good securities or indorsers ; and the presi¬ dent and directors of said bank are hereby vested with power to re¬ quire additional security on any note, or hill of exchange, made pay¬ able at said bank, when, in their opinion, the interest of said bank1 shall require it. 12. S eg. XII. The total amount of the debts which the said bank shall'at any time owe, shall not exceed the amount of its capi¬ tal.* 13. Sec. XIII. No person, who is not a citizen of this State, or who is a director of any other bank, or copartner of any such director, shall be eligible as president or director of said bank; nor shall the president, directors, or other officer of this bank be entitled to borrow any amount of money from said bank, or shall their names be receiv¬ ed as indorsers in said bank. 14. Sec. XIY. The directors, shall keep fair and regular entries in books, to be kept for that purpose, of their proceedings; and on any question, when one director shall require it, the yeas and nays of the directors voting shall be duly inserted on their minutes, and those minutes be at all times, on demand, produced to the Legislature, or any committee thereof, who may require the same. 15. Sec. XY. The said bank is hereby incorporated, and made a corporation and body politic, by the name and style of the " Central Bank of Georgia," and so shall continue until the first day of Janu¬ ary, 1840; and by that name shall be, and is hereby made able and capable in law to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in Courts of record, or any other place whatsoever; and all suits and proceedings, instituted in any of the Courts in this State, shall be in the name of the " Central Bank of Georgia," and not by attorney, as is usual with corporate bodies ; and also to make, have, and use a common seal, and the same to break, alter, and renew at pleasure ; and also to ordain, establish, and put in execution such by-laws, ordinances, and regulations, as shall seem necessary and convenient for the government of said cor¬ poration ; not being contrary to the laws or constitution of this Stat\ 16. Sec. XYI. The president and directors of said bank shall have power to issue notes, signed by the president, and countersign¬ ed by the cashier, on behalf of said corporation, for such sums, and with such devices as they may deem most expedient and safe ; and shall be capable of exercising such other powers and authorities as may be necessary for the well-governing and ordering the" affairs of said corporation, and of promoting the interest and credit thereof.f 17. Sec. XYII. All the transactions, operations, and accounts of Shall dis¬ count bills of exchange and notes. May require additional security. Total ain't of debts. Qualifica¬ tions. Not to bor¬ row of the bank, &c. Books of proceedings open to the Legislature. Constituted a corpora¬ tion. Its style. Privileges. May have and use a common seal. May issue notes. ♦Repealed by Act of Dec. 21, 1839, sec. 1—that section repealed by Act of Dec. 22, 1812. See sees. 59 and 88. fSee sec. 90. [1 J See 2 KcVv, 93. BANKS AND BANKING.—Central Bank—1828. 127 Notice of protest—Interest—Loans. said bank shall be fairly kept in books, to be provided for that pur- t^Hnstr^ac" pose, and that the said books shall at all times be open to the inspec- simii'befair- I ly kept, tion of his Excellency the Governor ; and that a general statement Annuai of the transactions of said bank, signed by the president, and counter- statement- signed by the cashier, shall be made annually,, on the first Monday in November, to his Excellency the Governor, and by him laid be¬ fore the General Assembly. 18. Sec. XYIII. The books of said bank shall be open to the Books open, inspection of the General Assembly, or any committee appointed for that purpose. 19. ,Sec. XIX. The bills or notes of the said corporation shall buis receiv- be receivable in payment of all taxes and debts due the State. stated the 20. Sec. XX. The directors $f said bank shall not require town Town in- indorsers upon any note or obligation made payable 'at said bank, Ytice of°r when the country indorsers are deemed amply responsible to secure c^sary"6' the payment of the same; and no notice or protest shall be neces¬ sary to charge any indorser, nor shall any charge be made by any notary public, for noting for non-payment or protesting any note due at said bank. > 2*1. Sec. XXI.' On all accommodation notes running at said bank, notes re- the makers thereof shall renew their notes once in six months at least* S-an-' by paying up the interest in advance, at the rate of six per centum interest s;x per annum, or for shorter periods, as the said makers may think pro- Per cent- per j1 Provided, nevertheless, that the directors may call at any time Additional on the maker of any discounted note for additional security, and if he beTcquirTdf shall refuse or neglect to comply within twenty days after notice, said note shall be deemed and considered due, and suit shall be [com¬ menced] immediately. 22. Sec. XXII. The directors of said bank shall loan as much extent of money upon accommodation paper as the interest and safety of said }YYtion?m bank will permit, and they shall not require to be paid upon such ac- commodation loans more than twenty per centum per annum of the cent, to be principal thereof, unless the exigencies of the bank shall require it.f iPy.ld dnniliU Sec. XXIII. [Directing the procurement of plates. Temporary.] Sec. XXIV". [Respecting the commencement of operations. Temporary.] 23. Sec. XXV. The directors of said bank shall distribute their Loans, how loans as equally as practicable among the citizens of this State, having a'utnjt due regard to the population of the different counties : and no loan made by said bank to any one person or body corporate, or any society, specie and or collection of persons whatsoever, shall exceed $2,500 ; nor shall the directors of the Central Bank at any time put in circulation the bills thereof to a greater amount than the aggregate of specie and bills of the other chartered banks of this State, and the bills of the Bank of the United States in its vault.2| 24. Sec. XXVI. All suits commenced by said corporation upon How t0 gue any note, bill, bond, or obligation, upon which there shall be any^Y&'c. ♦Annually, sees. 43, 44. Interest, 8 per cent, if not paid at maturity, sec s 56, 58. fSee sec. 29, 87. JSee sees. 59, 88. [1.] See 2 ICelly, 93, [2.] See 2 Kelly, 93. 128 BANKS AND BANKING—Central BANK—1828-'29. Suits on notes—Suits vs. Bank—Bank dividends and stock. indorser or indorsers, the maker or makers, together with the indors er or indorsers, or their representatives, may be embraced and sued in the same action, and no proof of notice, demand, or protest shall he required on any trial to authorize a recovery.2 No note &c. 25. Sec. XXVII. The president and directors shall not allow to be taken . . v for coiiec- any individual, company, or corporation, to place any note, bill, or uon' obligation in said bank for collection. Bank liable 26. Sec. XXVIII. The Central Bank of Georgia shall be sub- tO 06 cued how served, ject and liable to be sued in Law and Equity, and a copy of any process left at the banking-house shall be deemed good and suf¬ ficient service. charter may 27. Sec. XXIX. Nothing in this Act contained shall be so con- repeaied.^ °r strued, as to prevent the alteration or repeal of any part, or the whole of this Act, should any subsequent General Assembly deem such alteration or repeal expedient. An Act to amend " An Act to establish a bank at Milledgeville, to be called and known by the name and style of the Central Bank oj Geor¬ gia, to appropriate Moneys, Bank Stock, and other securities, to form the Capital Stock of said bank, and to incorporate the same passed on the 22d oj December, 1828; and also to provide for the disposi- tion and sale of lands forfeited to the State.—Passed Dec. 19, 1829. Yol. IV. 87. Notes of 28. Nothing contained in the said Act shall be so construed as to $2°,5ootlmay prevent or prohibit the directors of the said bank from allowing any be renewed. perS011 indebted to the State, in a sum exceeding $2,500, from renew- ing his, or her, or their notes, bonds, or other specialties, for the whole amount of his, her, or their debt, according to the provisions of the said Act. But the said bank shall allow any person indebted to the State, in any amount, to run notes in said bank for the same. 20 per cent. 29. Sec. II. Nothing contained in the twenty-second section of be paid an- the said Act shall be so construed as to prohibit the directors from niiaiiy. requiring to be paid in, upon loans already made, or hereafter to be made, twenty per centum per annum on the original amount of the said loan. Loans to be 30. Sec. III. The directors of the said bank shall hereafter dis- popuntion.10 tribute their loans as equally as practicable among the citizens of this State, having due regard to the population of the different Counties, on the basis fixed by the seventh section of the first article of the constitution. Banks m re- 31. Sec. IY. The directors of the bank shall be, and are hereby dividends authorized and required to receive all dividends which may beeome stock, &c. due on the bank stock now owned by the State, and rto pay over so much thereof as has been heretofore set apart for internal improve¬ ment and education, to the Treasurer. 32. Sec. Y. The directors of the said bank be, and they are (2.) This section applies to notes, not made payable at Central Bank. The defendant) however, may prove the want of demand, &c in defence, 1 Kelly, 418. 593. 3 Kelly, 185. BANKS AND BANKING.—Central Bank.—1829. 129 Debtors to State—Copies of books. hereby authorized and required immediately to take the necessary ^Xfer'ofa measures to procure a transfer, on the books of the several banks in *£c,)ebank which this State owns stock, of the said stock so owned by the longing to State, in the said banks respectively, to the said Central Bank 0ftheSute- Georgia ; and that the said several banks in which the State owns stock, be, and they are hereby authorized, on the application of the directors of the said Central Bank of Georgia, to transfer all the said stock so owned by the State in such banks respectively, to the said Central Bank of Georgia. 33. Sec. VI. Persons indebted to the State for lands, or other Debtors of real estate, bond, note, or otherwise, and where the said debt is pay-may put in able by instalment, be, and they are hereby allowed to discount wii"nthees their notes in the said bank for the whole amount of the said debt, ^]bt^}m/lnybe upon the same conditions, reservations, and restrictions as otherstalment- debtors of the State are allowed to obtain discounts ; and that in estimating the amount due on such debt, when such debt does not interest to be bear interest, a deduction shall be made therefrom of an amount e uc 6 ' equal to the discount of six per cent, on the debt, from the time the said discount shall be granted, until the same shall become payable, according to the terms of the original bond, note, or contract; and that upon the note of such debtor being discounted as aforesaid, and Grants for the proceeds thereof passed to his credit and his check given therefor, such cases to he shall be, and is hereby authorized to demand of his Excellency &c!ssued' the Governor, a grant, or such other title to the said land, or real estate, as he would have been entitled to receive upon a full compli¬ ance with the terms of the original contract: Provided, that before Proviso, he shall be entitled to demand or receive the said grant, or other ti¬ tle, he shall be required to deposit in the office of the Surveyor Gen¬ eral a certificate, signed by the cashier of the said bank, that his said debt has been fully settled by note or notes. And provided also, that nothing herein contained shall be so construed as to affect any security or lien which the State may have on any lands, or other real estate, for securing the payment of any debt which has been transferred to the said bank, and for which a note has been already discounted by the said bank. 34. Sec. VII. The directors of the said bank be, and they are satined hereby authorized io deliver to the obligors, or makers, all bonds, be delivered notes, or other obligations, which have been transferred to the saidup" bank, and which have been, or may hereafter be, fully paid and sat¬ isfied. 35. Sec. VIII. In making settlements with the debtors of the interest from State, the directors of the said bank shall demand and require the payment of interest thereon, from the time the said debt became due, according to the terms of the original contract. 36. Sec. IX. In no suit or action in any Court of this State, in books not to which the said bank may be a party, shall it be lawful for the other !n coun.cd party or parties to require the said bank to produce the books of the bank into Court in evidence; nor shall it be lawful for such party or parties to require, by subpoena or otherwise, the attendance of any officer of the said bank in Court, on the trial of such cause. But 17 130 BANKS AND BANKING—Central Bank—1S29-'31. Power of Legislature—Of direction. tentsTo'be whenever, in any such suit, it may become necessary for the attain¬ ted on ment of justice, that the evidence contained in the said books, or ' the testimony of such officer should be had, it shall and may be lawful for either party in such cause, requiring such evidence or testimony, to take out a commission, in the usual manner, to exam¬ ine the officers of the said bank, as to the contents of the said books,1 or as to their own knowledge of the facts, notwithstanding such officer may reside in the County in which such suit may be pending. Sec. X. and XI. [Directing the sale' of forfeited and undrawn lands, are presumed to be executed and obsolete.] the legisia- 37. Sec. XII. In directing, by the second section of the Act eiTofno con- establishing the bank, the transfer to it of all the bonds, notes, spe- ftma«v&c?ie cialties, judgments due, or to become due to the State, the General Assembly did not divest the State of any of its rights, powers, priv¬ ileges, or immunities, reserved by law, or accruing to it in virtue of its sovereign capacity, in regard to the collection of the aforesaid bonds, notes, specialties, &c. further than to vest the said rights, powers, privileges, and immunities, in the said president and direc- what rights tors. And all the aforesaid rights, powers, privileges, and immuni- me Presi-ties, are hereby declared to be vested in the president and directors rector"110' 0^ tbe said lank, by them to be used, enjoyed, and exercised, in behalf and for the benefit of the State, in regard to the aforesaid bonds, notes, specialties, judgments, &c-.; and all notes that have been, or may hereafter be discounted, in renewal of them in terms of the charter, and all other notes and bills of exchange that have been, or may hereafter be discounted by said bank, in as full, perfect, absolute, and unqualified a manner, as they could have been used, enjoyed, and exercised by the State, had 110 such transfer been made, or such bank been established. No cierk of 38. Sec. XIII. From ajid after the passing of this Act, it shall shaii b" a not be lawful for any clerk or clerks of the Central Bank to be a di- loyCb'Lk!' rector of any other bank in this State. repealing Sec. XIY. All laws and parts of laws militating against this Act are hereby repealed. An Act to amend in part the ninth section of an Act to establish a Bank at Milledgeville, to he called and known by the name and style of uthe Central Bank of Georgiaf^to appropriate Moneys, Bank Stock, and other Securities, to form the Capital' Stock of said Bank, and to incorporate the same, so far as regards the salary of the Cashier of said Bank.—Passed Dec. . 26, 1831. Pam. 45. 39. Sec. I. From and after the first day of January, 1832, the cashier of the Central Bank of Georgia, shall receive for his salary the sum of $2,000 per annum, which salary shall be payable quar¬ ter-yearly.* clause. Cashier': salarv ij^.goo. *See "State Officers," sec. 53. See sec. 45 of this-title. (1) Confined to cases in wliich the bank is a party, G. Ga. 3G5- BANKS AND BANKING.—Central Bank—1832-'33. 131 Teller—Sale of land. Sec. II. All laws or parts of laws militating against this Act, are hereby repealed. An Act to authorize the president and directors of the Central Bank of Georgia., to appoint an additional officer in said Bank, to be caleld and known as Teller. —-Approved Dec. 22, 1832. Pain. 20. 40. From and immediately after the passage of this Act, the Allowed to president and directors of the Central Bank of Georgia, be and they Sier."1 a are authorized and required to appoint under like restrictions and obligations with the clerks of said bank, an additional clerk, to be styled and known as the teller of said bank, with a salary of $1,000 per annum, payable as the salaries of other officers now are, and to assign him such part or portion of the labors of said bank, as may in their judgment be most advisable; who shall be appointed and hold his office in like manner and under the same tenure with the other officers in said bank.* An Act to alter and amend the tenth section of an Act passed De¬ cember 19, 1829, in relation to the Central'Bank of Georgia, and to provide for the sale and disposition of lands forfeited to the State.—Approved Dec. 23, 1833. Pam. 37. 41. From and after the passage of this Act, it shall be the duty of the president and directors of the Central Bank of Georgia, to cause Sjlwn a11 all the lands which have been or may hereafter be forfeited to the fn!i Parted State, and all lands which were intended to be disposed of but were aad'in fu- not drawn for in the several land lotteries of the State, to be sold attwle" public outcry, before the Court house, at the following places, to wit: Hawkinsville, Macon, Columbus, Newnan, Campbell-town, and La Grange, between the usual hours of Sheriff's sales, on such days as the said directors may deem best: Provided, always, that sixty days previous notice of the time and place of ^such intended sale, with a description of each tract of land intended to be sold, shall be published first in one of the gazettes printed in the circuit in which such land may be situated, if there be such gazette, and also in the gazettes in Mill edge ville: Provided, in all cases, that the purchaser or person holding the certificate, shall be allowed to stop the sale by coming forward and paying up the principal with all in¬ terest dae the State for such forfeited lots or fractions ; and grants shall issue to the holders of such certificates in the usual way, as though such lots had not been forfeited: Provided, also, no sale be advertised previous to the first day of March next: Provided, also, they come forward and pay up before the day of sale.f Sec. II. That all laws and parts of laws militating against this Act are hereby repealed. * Office discontinued. See subsequent Acts. . •f-Sunorso'IrU by s A-S"e titV " TundV 132 BANKS AND BANKING.—CENTRAL BANK—1835-'36. Names on notes to be residents—Notes renewable—Salaries. An Act to be entitled An Act to provide for the more equitable distri¬ bution of the dividends of the Central Bunk of Georgia.—Ap¬ proved Dec. 24, 1835. Pam. 34. 42. Whereas, the Central Bank of Georgia Was - created for the benefit of the citizens of every Comity in the State, and whereas, individuals residing in Counties contiguous to the said bank are in the habit of borrowing the names of irresponsible individuals in other Counties and drawing the amount of dividend designed for the citizens of these Counties, for remedy whereof— aii names Be it enacted, That from and after the passage of this Act, no shaii°beS note shall be discounted in the Central Bank of Georgia unless the the G°ountyf Principal and all indorsers shall be residents of the respective entitled. Counties entitled to said dividends : Provided, that nothing herein contained shall be so construed as to require the officers of said- Dividends; bank to retain the amount of dividend, or any part thereof, more biong-than thirty days after the same shall have been actually declared er than 30 arj(q made; any law, usage or custom to the contrary notwithstand¬ ing. An Act to alter and amend the twenty-first section of an Act to establish a Bank at Milledgeville, to be called and known by the name and style of the " Central Bank of Georgia," fyc. passed %id Dec. 1828, so Jar as to require notes running and payable at said bank, to be renewed once in every tivelve months, instead of once in six months, as is by said . Act now required.—This Act approved Dec. 22d, 1836. Pam. 43. Notes" re- 43. Sec. I. From and after the passage of this Act, that on all nuaUyle an accommodation notes, running and payable at said bank, the makers thereof, shall, when the same become due, renew their notes once in twelve months thereafter, and on all accommodation, payable and hereafter discounted at said bank, the makers thereof shall renew their notes once in twelve months at least, after the date of said notes, under the same rules and regulations as are by said Act prescribed for the renewal of notes in said bank, ami not 44. Sec. II. So much of said twenty-first section of said Act, aiiy.1 imim" as requires makers of notes running at said bank, to renew the same once in six months, be, and the same is hereby repealed : Provided, however, that this Act is not to be so construed, that makers of notes now payable and running at said bank, shall not be required to renew their notes at the expiration of six months from their date. Sec. III. All laws repugnant to this Act, be, and the same are hereby repealed. An Act to increase the Salaries of the Cashier and other Officers of the Central Bank.—Assented to Dec. 24, 1836. Pam. 251. Salaries ot tlie officers raised. 45. Sec. I. From and after the passage of this Act, the cashier of said bank, shall receive for his salary, the sum of $2 ,500 per annum. BANKS AND BANKING.—Central Bank—1837. 133 Loan—Maker's affidavit—Loan. The salary of the teller shall be $1,500 per annum. The salary of the discount clerk, shall be $1,250 per annum, and the salary of the book-keeper, shall be $1,250 per annum, which said salaries shall be paid quarterly.* Sec. II. [Repeals all militant Acts.] An Act to authorize the Directors of the Central Bank to borrow one hundred and fifty thousand dollars, for the purpose of carry¬ ing out the promised distribution to the citizens of this State, not yd provided for.—Assented to Dec. 13, 1837. Pam. 39. ( 46. Sec. I. Be it enacted, That the directors of the Central k°ra" <£ tfclso 00()» Bank be, and they are hereby authorized and required to borrow, on the credit of said bank, on the best terms the same can be pro¬ cured, one hundred and fifty thousand dollars, to enable them to car¬ ry out their distributions to the several Counties, not yet provided for. Sec. II. All laws and parts of laws militating against this Act, be, and the same are, hereby repealed. An Act to alter and amend the Charter of the, Central Bank of the State of Georgia.—Assented to Dec. 23, 1837. Pam. 40. 47. Sec. I. Be it enacted, That when any person may, or shall Affidavit of hereafter offer a note at the said Central Bank of Georgia, for a new discount is discount, that the same shall be accompanied with an affidavit, in u°srehIS own writing, to be made by the maker of said note, which shall state that the note offered, is for the only use and benefit of him, the maker, and not for the use, benefit or interest, of any other person or persons whatsoever, which affidavit shall be filed and kept by the cashier of said Bank, and if any new note, as aforesaid, shall hereafter be offer¬ ed for discount at said Bank, without being accompanied by an affi¬ davit, as aforesaid, the same shall not be discounted. An Act to authorize the Directors of the Central Bank to borrow a certain sum of money therein named for the use of the State.— As¬ sented to Dec. 25, 1837. Pam. 38. 48. Sec. i. Be it enacted, That the directors of the Central Loan of Bank be, and they are hereby authorized to borrow on the credit of ®795'000- the State, for the period of twelve months, a sum of money not ex¬ ceeding seven hundred and twenty-five thousand dollars, at a rate of interest not exceeding lawful interest, for the purpose of meeting the To meet the expenditures of the Government, for the political year 1838, to be of ?hedGov-s raised in such amounts and at such times as the said directors shallernment- believe necessary to meet such expenditures. * All these offices dispensed with except cashier. See subsequent Acts. See also, " State Officers," sec. 53. 134 BANKS AND BANKING—CENTRAL BANK—1838. How applied—Extension of loan—Charter extended—Interest 011 paper overdue. interest. 49. Sec. II. The money borrowed under this Act shrill com¬ mence to draw interest when the same shall be received by the said di¬ rectors or agents, and shall be payable twelve months from that date, when paid, 50. Sec. III. The directors of said bank be instructed to pay capHaf t0 said loan, as the same shall fall due, and charge the same to the cap- stock" ital stock of said bank. An Act to authorize the Directors of the Central Bank to extend the loan made by them, or to borrow a sum oj money therein express¬ ed.—Assented to Dec. 28, 1838. Parp. 44. extension of 51. Sec. I. Be it enacted, That the directors of the Central oan' Bank be, and they are hereby authorized to contract for an extension of the time upon which the money authorized to be borrowed by them, under an Act of the last Legislature, was procured; or to bor¬ row upon the credit of said bank, the sum of six hundred thousand dollars : Provided, that the time to which said loan may be extend¬ ed, or upon which the money hereby authorized to be borrowed may not exceed- be obtained, shall not exceed the period of two years, from the time years. of making the contract under this Act. Applied to 52. Sec. II. The money procured under this Act, shall be ap- tionslpr'a" plied by the Central Bank, to the payment of appropriations made by the present and past sessions of the Legislature. Loan to be 53. Sec. III. The directors of the Central Bank shall pay the thebMk!by loans hereby authqrized, out of the funds of said bank, when the same shall fall due. An Act to amend an Act to establish a Bank at Milledgeville, to be called and known by the name and style of the Central Bank of Georgia, and to extend the charter thereof to appropriate monies, cfc., to increase the capital stock of the same.-—Assented to Dec. 29, 1838. Pam. 45. charter ex- 54. Sec. I. Be it enacted, That the charter of the Central Bank Mayp85o!st°f Georgia, passed the twenty-second day of December, eighteen hundred and twenty-eight, and the several Acts amendatory thereto, be and the same are hereby continued and extended, until the first day of May, in the year of our Lord, one thousand eight hundred and fifty.* Power to aP- 55. Sec. II. The directors of the Central Bank of Georgia shall p°intatty's. p0wer and authority to appoint such attorney or attorneys at law, or in fact, as they may deem necessary, and to revoke all such appointments at pleasure. 8 per cent. 56. Sec. III. The directors aforesaid be, and they are hereby paidatma-0tauthorized to charge on all accommodation notes which arc not paid, tnnty. or renewed at maturity, in accordance with the rules or usages of said bank, interest at the rate of eight (8) per cent, per annum, and ^Extended to May 1855, by Act of I80O, sec. 101. BANKS AND BANKING.—Central Bank—1839. 135 Purchase of exchange—Issue of bills—Sale of bank stock. on all bills of exchange or other paper not paid at maturity, interest at the same rate. 57. Sec. IV. The directors aforesaid shall have power and au-may pur- thority to discount or purchase bills of exchange, or other paper, change which in their opinion may be good, without reference to the limita¬ tion contained in the 25th section of the charter of said bank, only so far as to authorize them to purchase exchange for the purpose of to pay inter- remitting funds to pay interest on the State's bonds, or any other debt" pubhc debt contracted abroad, by authority of the Legislature.! 58. Sec. V. In all suits instituted by said bank on demand due 8per cent, to to it, it shall be authorized to receive and recover interest at the rate in aTsuitT' of eight per cent, per annum, after the maturity of the debt, besides cost. An Act to alter and amend an Act to establish a Bank at Milledge- ville, to be called and known by the name and style of the Central Bank of Georgia, 6pc., passedf on the 22d day of December, 1828. Assented to Dec. 21, 1839. Pam. 26. 59. Sec. I. Be it enacted, That from and after the passing of May issue this Act, the directors of the Central Bank of Georgia shall be au-ceedingdou- thorized and empowered to issue and put in circulation any amount amount of of the notes of said bank, not exceeding double the amount of the capital, capital stock of said bank, and that so much of the 25th section of the Act above recited as prohibits the putting in circulation the bills of said bank for a larger amount than the aggregate amount of its specie and bills of other banks, and the 12th section of said Act, which provides that the total amount of debts which said bank may owe, at any time, shall not exceed the amount of'its capital stock, be, and the same are hereby repealed.^ 60. Sec. II. The directors of the Central Bank shall be author- May refuse ized to refuse specie payment of its bills to the agent or holders of banks not any bank which has suspended specie payment of its bills. ^ing spe~ 61. Sec. III. The directors of said bank proceed to sell and Bank stock transfer in such manner as the same may be required to be assigned the°statl to in behalf of this State, the shares owned by the State in the bankmaybe sold> of Augusta, in the Planters' Bank of the State of Georgia, in the Bank of the State of Georgia, and in the Darien Bank, so soon, from time to time, as par value can be obtained for the same, and the money for which the same may be sold, shall become a part of the capital stock of said bank, under its control, and for its use; Pro- except that vided, that said directors shall not sell or dispose of any shares or stock, University, the interests and profits of which have been heretofore by law se¬ cured to the use of the University of this State. 62. Sec. 4. After the sale of the stock in any of said banks, no Director on directors therefor shall be appointed on the part of the State, and if PartofState- * Repealed,, see sec. 88. fThis Act was repealed by sec. 1 of Act Dec. 23, 1810, which, sec. was repealed by Act Dec. 10, 1811, sec. 86. Jli«pealed, sec. 88. 136 BANKS AND BANKING.—Central Bank—lS39-'40. Payment of appropriations—State bonds to redeem bills. a part only of the stock he sold, the directors oil the part of the State shall be appointed accordingly by the General Assembly. schJ>oi°fund 63. Sec. Y. Nothing in this Act contained shall be so construed not to be as to change the funds now known as a common school fund for changed. 0f Georgia, to any other purpose than that of public edu¬ cation ; but the said funds, and the interest arising therefrom, shall be applied to the purposes of education, as the law may direct. Sec. YI. All laws or parts of laws militating against this Act, be, and the same are hereby repealed. An Act to appropriate money for the political year eighteen hundred and forty.—Assented to Dec. 21, 1839. Pam. 15. Appropria- 64. Sec. XXXII. For the purposes of meeting the appropri'a- i&wto be tions and defraying the expenses 6f government for the political year P^dg^en" eighteen hundred and forty, the president and directors of the Cen¬ tral Bank are hereby directed to place to the credit of the Treasurer of the State, from time to time, such sum or sums as may be re¬ quired to meet warrants drawn upon him by his 'Excellency the Governor, and also to meet the President and Speaker's warrants of and charged the present session, charging the same to the capital stock of said stock. bank, and to be certified by the Treasurer, entered upon the president and directors' receipts. auo^expen- 65. Sec. XLY. The officers of the Central Bank be., and they sion of 1839. are hereby required to furnish to the Treasurer in Central Bank bills, or in other current bank bills, such amount as may be necessary to meet the expenses of the present session, and the demands upon the treas¬ ury during the present political year. An Act to repeal an Act entitled an Act to alter and amend an Act to establish a Bank at Milledgeville, to be called and known by the name and style of the Central Bank of Georgia, 6fc., passed on the 22c? day of December, 1828, passed the twenty-first day of December, 1839, and to provide for the protection of the circula¬ tion of said Bank, and other purposes.—Assented to Dec. 23, . 1840. Pam. 22. Sec. I. [Repealing Act of 1839, itself repealed by Act ol Dec. 10, 1841.] state bonds 66. Sec. II. And be it further enacted, That the Governor of ing1 e$ic,oo(v this State be, and he is hereby authorized to execute the bonds of deerii°tbe this State, not exceeding one million of dollars, in sums not less traisBank31'" than five dollars each, redeemable at the end of live years, or sooner, at the option of the State, bearing an interest of eight per cent, per annum, payable annually in the Cities of Savannah, Augusta, and Milledgeville, which bonds shall be used exclusively for the redemp¬ tion of the bills of the Central Bank, now in circulation, and those which this General Assembly may direct the issue of, to defray the expenses of, and the appropriations made by this General Assembly, BANKS AND BANKING—Central Bank—1840. 137 Regulations as to bond—Appropriations. and for no other purpose whatsoever, and only for that purpose to the extent necessary, after the just application of the funds of the Central Bank available for that purpose : Provided, nevertheless, that if it be practicable to obtain specie for the purpose aforesaid, by making any of the aforesaid bonds payable elsewhere than in this State, the same may be made payable at any place in the United States. 67. Sec. III. The faith and credit of the State of Georgia be, faith and and the same are hereby pledged for the payment of said bonds at state piedg- the maturity thereof; and also, that they be considered a debt due by the Central Bank, the assets of which are hereby required to be Also, assets appropriated to the purpose of the payment of the interest and the0 e an redemption of said bonds, as soon as the same may be realized. 68. Sec. IV. The Governor shall cause said bonds, or a suffi- Governor ciency thereof for the purposes specified in this Act, to be sold at bonds at par-, such times and places as he may deem most beneficial to the State, for specie or its equivalent, at not less than par, or the bills of the Central Bank ; and any person or persons holding Central Bank bills Holders of to the amount of five dollars or more, shall be entitled to said bonds chan™e?y ** in payment thereof, unless the Central Bank shall, on demand, pro¬ vide other satisfactory means of payment, and unless said person or persons shall be indebted to the State or said Central Bank upon debts due at the time of demand : Provided. that no bond shall is- Amount of sue for less than the whole amount presented in any one week by on s" any one person or company in his,- her, or their own right, unless the amount so presented, exceeds five hundred dollars, in which latter event, a bond or bonds shall issue in sums of five hundred dollars and such fraction thereof as will meet the amount presented. 69. Sec. V. The directors of the Central Bank be, and they arc hereby authorized to sell the stocks owned by the State in the Bank may be sow of the State of Georgia, and in the Bank of Augusta, for specie, or discount.ct* its equivalent, at a discount not greater than ten per cent, below par, to a sufficient amount to pay the balance which may be necessary to discharge the debt due the Phoenix Bank after the application of the funds provided by the bank, and the interest of the public debt due in the year one thousand eight hundred and forty.# Sec. VI. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to appropriate money for the political year eighteen hundred and forty-one.—Assented to Dec. 23, 1840. Pain. 16. 70. Sec. XXVI. And be it fwither enacted, That for the pur- appropria- ti oii s lor pose of meeting the appropriations and defraying the expenses of i84i to be government for the political year eighteen hundred and forty-one, tral Bank, the president and directors of the Central Bank are hereby directed to place to the credit of the Treasurer of the State, from time to * Repealed, sec. 88. 18 138 BANKS AND BANKING.—Central Bank—1841. Change bills—Disposition of Darien Bank assets. time, such sum or sums as may be required to meet warrants drawn upon him by his Excellency the Governor ; and also to meet the President and Speaker's warrants of the present session ; charging the same to the capital stock of said bank, and to be certified by the Treasurer, entered upon the president and directors' receipts. An Act to authorize and require the Directors of the Central Bank to issue three hundred thousand dollars of notes of the denomina¬ tion of one and two dollars, for the redemption of the bills of that Bank already in circulation, of a higher denomination.—Assented to Dec. 8, 1841. Pam. 21. change*"b?us 71. Sec. I. Be it enacted, That the directors of the Central to be issued, Bank are hereby authorized and required to issue the sum of three in redemp- J o n tion of cen-hundred thousand dollar8 of notes of the denomination of one and biiis. two dollars, to be used exclusively in the redemption of the bills of higher denominations of said bank, and for no other purpose. And that so much of an Act entitled an Act to amend an Act entitled an Act to prevent the circulation of bank bills under the denomination of five dollars, within this State, passed the twenty-fourth Decem¬ ber, eighteen hundred and thirty-two ; and to prevent the circulation of bank bills of any other denomination than fives, tens, twenties, fifties, hundreds and thousands, be, and the same is hereby repealed so far as it conflicts with the object of this Act; but that the said Act is hereby declared to be left in full force in its application to all other banks. An Act to repeal an Act entitled an Act to incorporate the Bank oj Darien, passed the fiftee7ith day of December, eighteen hundred and eighteen; and also an Act entitled an Act to extend the char¬ ter of the Bank of Darien, and the Acts now in force amendatory thereto, passed the nineteenth of December, eighteen hundred and thirty-four ; and to provide for the settlement of the afairs of said Bank.—Assented to Dec. 10, 1841. Pam. 22. charter of 72. Sec. I. Be it, enacted, That from and after the first day of repeal" d.ank January next, that an Act entitled an Act to incorporate the Bank of Darien, passed the fifteenth of December, eighteen hundred and eighteen ; also an Act entitled an Act to extend the charter of the Bank of Darien, and the Acts now in force amendatory thereto, passed the nineteenth day of December, eighteen hundred and thirty-four, be, and the same are hereby repealed, except as herein¬ after excepted. - . central b'k 73. .Sec. II. The Central Bank of Georgia be, and it is hereby its'affair"P required and authorized to provide forthwith to wind up the affairs of the said Darien Bank ; to collect its assets and pay the debts thereof; and the balance, if any, to pay to those who may be enti- Suits by and tied thereto; for which purpose the said Central Bank is hereby vested againsc wjth authority to prosecute suits in the name of said Bank of Darien, and to defend all suits brought against it, and to use all BANKS AND BANKING.—CENTRAL BANK—1841. 139 Debts, &c.—Sale of real estate—Suits vs. Darien Bank, &c. powers conferred by law on said corporation, necessary to the intents of this Act.*1 74. Sec. III. The debtors of the Bank of Darien shall be per-Debtors to mitted to renew and run their notes in the Central Bank of Georgia, Bank may on the same terms, and subject to the same rules as now govern ac-*0"^their commodation notes in the Central Bank, whenever such indulgence shall not, in their opinion, be detrimental to the interest of the stock¬ holders of the Bank of Darien. 75. Sec. IV. The number of directors in said Darien Bank, shall Number of be reduced to four, to be elected by this Legislature, and one by the duced. * stockholders. 76. Sec. Y. The board of directors on the part of the State, be, Directors to and they are hereby instructed to aid and facilitate the intents of this ods Act.1 Act, by turning over to the Central Bank the whole of the assets of the Darien Bank immediately after this Act shall have taken elfect. 77. Sec. YI. In all payments to be made on notes originally due dm| °^dan- the Darien Bank or its branches, and which shall be turned over to be received or renewed in the Central Bank, the maker or indorser of such note or°sm debt~ or notes shall be authorized to pay up all or any part of his or their note or notes in bills on the Bank of Darien, issued from the bank or branch bank in which the said note or notes were originally dis¬ counted, and the Central Bank shall be bound to take such bills when so tendered. 78. Sec. YII. The said Bank of Darien shall execute a deed of neai estate conveyance of all its real estate to said Central Bank of Georgia ; veyed and that the directors of said Central Bank shall sell the same on and sold, such terms and at such times, either at private sale or public outcry, as in their opinion shall best promote the interest of the stockholders. * 79. Sec. YIII. Nothing hereinbefore contained shall be so con-central B'k strued as to make the Central Bank liable for any debt due and ow- to extent of ing, or which may be owing by said Bank of Darien, further than assets' the assets of said Bank of Darien will pay, after deducting all losses which may be sustained by said Central Bank, in cost or otherwise, in settling the affairs of said Bank of Darien. 80. Sec. IX. In all suits that may be commenced for the recov-suits m Da- ery of any liabilities of the Bank of Darien, after the assets thereof be served on shall come into the possession of the Central Bank, service shall be c^ntraiB't perfected upon the president of the Central Bank. 81. Sec. X. If the directors or stockholders of said bank, or any Provisions of them, shall refuse to allow the provisions of this Act to be car- thLTct mto ried into effect, his Excellency the Governor be, and he is herebyeffect* instructed to have such legal proceedings commenced as may be ne¬ cessary to protect the interest of the State, and all others concerned ; and, if necessary, to have application made to the Court of Chancery, for the appointment of a Receiver of the effects of said bank. And whereas, a large amount of the bills of the Bank of Darien and its.branches had been received at the Central Bank of Georgia, * For a full report and resolutions in reference to condition and final disposition of Darien Bank assets, see Acts of 1347, pam. 305. [1.] As to bond of agent. 2 Kelly, 370. 140 BANKS AND BANKING—CENTRAL BANK—1811. Sale of stocks—Military Claims—Interest of public debt. in payment of debts due that institution previous to the failure of the said Bank of Darien, and was consequently unavailable : And whereas, a large amount of said bills have been loaned to individuals by the officers of the Central Bank of Georgia: Notes for 82. Sec. XI. Be it farther enacted, That all such notes as have money may been given for the repayment of the money so loaned may be re- be renewed. newe(j un(jer the same rules, regulations arid restrictions, as are other notes discounted by said bank. • An Act to authorize the sale of stocks in the Bank of the State of Georgia, and in the Bank of Augusta, for the bills of the Cen¬ tral Bank of Georgia.—Assented to Dec. 10, 1841. Pam. 30. sufeCfn°b'ks ^ ^EC" I- Be it enacted, That the directors of the Central may^betSoid Bank of Georgia be, and they are hereby authorized to sell the B'k biiis. stocks owned by the State in the Bank of the State of Georgia, and in the Bank of Augusta, for the bills of the Central Bank, and that said sale of stock shall be made and effected upon such terms and at such rates as shall be deemed most advantageous to the public interest, by the president and directors of the Central Bank, with the concur¬ rence and approbation of his Excellency the Governor : Provided, the sale can be effected, in their opinion, without too great a sacrifice. ceWed on ®EC- moneys which may be reimbursed by the ciai'msyfrom ^overnment ^^ United States, for expenditures in defraying the u. s. to be late war, under the several Acts for that purpose, shall be paid into central^B'k. the Central Bank of Georgia, subject to the redemption' of its bills and payment of the debts of the State ; and the officers of said bank are hereby authorized to receive and receipt for the same : Provided, that nothing in this Act contained shall authorize the sale of any bank stock of either of the banks herein mentioned, set apart for the purposes of education by the laws now of force in this State. An Act to direct the Central Bank of Georgia, to pay the interest upon the public debt *—Assented to Dec. 13, 1841. Pam. 24. 85. Sec. I. Be it enacted, That all the interest which is now cemrafB'k due, and shall hereafter fall due, upon the public debt of this State, shall, as heretofore, be paid at the Central Bank until otherwise ordered ,' and a regular account be kept thereof, and reported in the annual reports of said institution. Sec. II. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to repeal the first section of an Act to repeal an Act entitled an Act to alter and amend an Act to establish a Bank at Milledge- ville to be called, and known by the name and style of the Central Bank of Georgia, passed on the twenty-second day of December, eighteen hundred and twenty-eight, passed on the twenty-first day * Repealed by Act 22(1 Dec., 18-12, sec. 88 of this title. For Act of 1810 requiring the bank to pay the interest and appropriate $75,000 towards extinguishing the principal, see title " Public Debt," sec. 3. Education fund ex¬ empted. Interest on public debt BANKS AND BANKING.—Central Bank—1841-'42. 141 Loans prohibited—Acts repealed. of December, eighteen hundred and thirty-nine ; and to provide for the protection of the circulation of said Bank, and other pur¬ poses ; which was assented to twenty-third day of December eighteen hundred find forty ; and to amend the Acts of incorporation of said Bank.—Assented to Dec. 10, 1841. Pam. 25. 86. Sec. I. Be it enacted, That the first section of an Act to re-first section peal an Act entitled an Act to alter and amend an Act to establish a Dec.ci84o, bank at Milledgeville, to be called and known by the name and style repealed- of the Central Bank of Georgia, passed on the twenty-second day of December, eighteen hundred and twenty-eight, passed the twenty- first day of. December, eighteen hundred and thirty-nine; and to provide for tfie protection of the circulation of said bank, and other purposes, which was assented to on the twenty-third day of Decem¬ ber, eighteen hundred and forty, be, and the same are [is] hereby repealed. 87. Sec. II. It shall not be lawful for the Central Bank of Geor- farther gia, or the directors thereof, to make any further loans of its bills, hibited. until it shall be able to sustain its circulation at pax with the bills of specie paying banks, and make a general distribution according to law; nOr shall any insolvent note or other insolvent evidence of debt insolvent due said bank, be considered or used as banking capital upon which capital."0 an issue may be made. ' Sec. III. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to be entitled an Act, to repeal the Acts and parts of Acts, therein mentioned ; and to amend the charter of the Central Bank of Georgia, and for other purposes.—Assented to Dec. 22, 1842. Pam. 27. 88. Sec. I. That the fourth section of the Act entitled an Act, various to amend an Act to establish a bank at Milledgeville, to be called ^c.ts repeal and known by the name and style of the Central Bank of Georgia, and to extend the charter thereof, to appropriate monies, &c.; to in¬ crease the capital stock of the same, assented to December twenty- ninth, eighteen hundred and thirty-eight; also, the fifth section of an Act, entitled an Act to repeal an Act entitled an Act, to alter and amend an Act to establish a bank at Milledgeville, to be called and known by the name of the Central Bank of Georgia, &c., passed on the twenty-second day of December, eighteen hundred and twenty- eight, passed the twenty-third of December, eighteen hundred and thirty-nine ; and to provide for the protection of the circulation of said bank and other purposes, assented to on the twenty-third day of December, eighteen hundred and forty ; also, the resolution passed the ninth .day of December, eighteen hundred gnd forty, requiring the directors of the Central Bank to pay in current funds the scrip or evidence of debt issued and due by the Commissioners of the Western and Atlantic Hail iload. &c.; and also, the Act entitled an Act to direct the Central Bank of Georgia to pay the interest upon the public 142 BANKS AND BANKING—Central Bank—1842. Payment of bonds—No new issues—State's faith pledged—Burning of bills. debt, passed the thirteenth day of December, eighteen hundred and forty-one ; also, the first section of an Act entitled an Act, to alter and amend an Act to establish a bank at Milledgeville, to be called and known by the name of the Central Bank of Georgia, &c.; passed on the twenty-second day of December, eighteen hundred and twen¬ ty-eight, assented to December the twenty-first, eighteen hundred and thirty-nine ; be, and the same are, hereby repealed. Appropna- 89. Sec. II. No appropriation or any balance of appropriation, that paid a? the now remains unpaid, -shall be paid by the Central Bank of Georgia; weasury put that all such appropriations, together with the public debt, and the interest accruing thereon, shall be paid' at the Treasury, and not Centra,bond^ elsewhere ; Provided, That nothing herein contained, "shall be so issued to re- construed as to exempt said bank from the payment of the bonds, bfiis?Us and the interest accruing thereon, which have been, or which may hereafter be issued, and applied to the redemption of the bills of said bank. No new pa- 90. Sec. III. The president and directors of the said Central coumed,dls"Bank, are hereby prohibited from discounting any new paper what¬ soever, or purchasing any bond, note, bill of exchange, or in any and no more manner issuing or paying out any new bills of said bank, or re-issu- biii» issue . paying out any of the old ; Provided, That no indorser or indorsers, shall be prohibited from renewing any note, according to Proviso. the provisions of the charter in force ; Provided further. That noth¬ ing herein contained, shall be so construed as to prohibit them from issuing one and two dollar bills, for larger notes, as is now provided by law. surplus ^ 91. Sec. IV. The funds and revenues of the State, after paying faith?istoic current expenses of the Government, and the interest of the public redemption debt, shall be applied and paid 'to the -redemption of the bills of said of biin. bank, and that the honor and faith of the State is hereby bound for the redemption of said bills. No further Sec. V. . No further discounts or advances, shall be made by the penitentiary, directors of said bank for or to the Penitentiary, or any of its officers, or any purchaser at the Penitentiary sales. bins re- 92. Sec. VI. It shall be the duty of the directors of the bank to burned e have burned, the amount of bills issued by them, that they have, or may hereafter redeem, which shall be done quarterly, in each and in presence every political year, in the presence of the Governor ; and record the o GOTernor-amOL111'C thus burned, and report the same in their annual report. Sec. VII. All laws and parts of laws militating against this Act, be, and the same are, hereby repealed. An Act to authorize and require the Governor to dispense with two ■ of the three Directors of the Central Bank, from and after the first Monday in January next.—Assented to Dec. 28, 1842. Pam. 32. two direct- 93. Sec. I. Be it enncted, That from and after the passage of ed with?1"" this Act, the Governor is hereby required to dispense with two of the three directors of the Central Bank from and after the first Mon¬ day i:i January next. BANKS AND BANKING.—Central Bank—1843-'47. 143 Officers reduced—Sale of claims—By agent. Sec. II. All Acts and parts of Acts militating against this Act, be and the same are hereby repealed. An Act to authorize the Governor to reduce the nutnber of officers in the Central Bank, and to prescribe the mode of payment of the Bonds issued by that Bank.—Assented to Dec. 22, 1843. Pam. 30. 94. Sec. I. Be it enacted, That his Excellency the Governor governor be, and he is hereby authorized to discharge, from time to time, such charge such officers in the Central Bank, whose 'services may be dispensed with, n®y^hink'e without detriment to the public interests, and to fix and allow to Pr°ijer- those who may be retained, such compensation as their services may be worth ; Provided, that the compensation to be allowed, shall not Sap«es not i i ii -i -i i ! m r -l • to be increas- exceed that now allowed by law to such officers tor similar services, ed. 95. Sec. II. All bonds which may hereafter be issued by the Bonds to be Central Bank, under the authority of an Act assented to on the twen- efout ofem" ty-third day of December, eighteen hundred and forty, shall be first ^Ic's as* redeemed out of the available means of said bank. Sec. III. All laws militating against this Act, be and the same are hereby repealed. An Act to authorize the Director of the Central Bank of Georgia, and in certain cases the Treasurer of this State, to dispose of certain insolvent or unavailable assets of said Bank, for the bene¬ fit of this State.—Approved Dec. 29, -1847. Pam. 21. 96. Sec. I. Be it enacted, That from and" after the passage of director or this Act, it shall and may be lawful for the Director of the Central maySsen or Bank, and in case there should, at any time, be no Director for said SvenTr0 Bank, then and in that case, it shall be lawful for the Treasurer ofclilin"- this State to sell, compromise, or dispose of any note, judgment or execution, belonging to said bankj that has become insolvent or un¬ available, at such times, and on such terms as he, in his sound dis¬ cretion, shall deem advisable or beneficial to said State. 97. Sec. II.. When said Director, or Treasurer, shall deem it may appoint advisable to dispose of any insolvent or unavailable note, judgment or campr ° the maturity thereof, and also that they be considered as a debt due and assets by the Central Bank, the assets of which are hereby required to be appropriated to pay the interest and redemption of said bonds. Sec. III. All laws or parts of laws, militating against this Act, be, and the same are hereby repealed. An Act for certain purposes connected with the Bank of Darien.— Approved Feb. 22, 1850. Pam. 59. Whereas, There are a number of claims against the Bank of Da¬ rien, outstanding, for which the State is liable, under the charter of said bank; and whereas, many of said claims are believed to be .illegal and unjust, but it being difficult to procure the evidence necessary to show the injustice of said claims : Director to 100. Sec. I. Be it enacted, That the Director of the Central semememofBank be, and he is hereby directed to inquire into said outstanding B'kTf Dari-c^a^ms' ail<^ ascertain, and report, on what terms they can be com- en- promised,^compounded, or settled ; that said Director be required to report as early as practicable to the Governor, and that said report be communicated by the Governor to the next General Assembly. An Act to extend for five years, the charter of the Central Bank of Georgia.—Approved Feb. 22, 1850. Pam. 62. Whereas, The Central Bank of Georgia expires on the first day of May, eighteen hundred and fifty, and whereas, there are suits pend¬ ing in favor of the said hank, and notes belonging to it, on which it may be necessary to institute suits in its corporate name : 101. Sec. I. Be it therefore enacted, That the charter of the said BANKS AND BANKING.—Private Corporations. 145 B'k of Augusta—Planters' B'k—State B'k—Darien B'k—Savings B'k of Augusta. Central Bank of Georgia, passed the twenty-second day of December, eighteen hundred and twenty-eight, and the several amendments years» thereto, be, and the same are hereby extended to the first day of May, in the year of our Lord, one thousand eight hundred and fifty- five. And be it further enacted, That the extension of the charter of alone «o the said Central Bank of Georgia, is granted solely, with the view of affairs!p lt" enabling it to close its unsettled business, and it is not to be con¬ strued as conferring upon it any rights or privileges, except to ac¬ complish that end. 102. APT. in. PRIVATE CORPORATIONS. jBank of Augusta * Incorporated, Dec. 6, 1810. Vol. II. 588. (Prince, 50.) Charter extended and capital increased, Dec. 22, 1826. Vol. IV. Bank of au- 77. (Prince, 55.) gusta- Amended, Dec. 27, 1842. Pam. 32. Dec. 12, 1843. Pam. 13. Dec. 29, 1847. Pam. 22. Planters' Bank. Present charter, Dec. 19, 1810. Vol. II. 610. (Prince, 56.) Planters' Amended, Dec. 3, 1811. Vol. III. 74. (Prince, 57.) Nov. 3, Bank* 1814. Vol. III. 84. (Prince, 61.) ; Amended, Dec. 20, 1828. Vol. IV. 85. (Prince, 61.) Dec. 23, 1836. Pam. 68. (Prince, 132.) Bank of the State. Incorporated, Dec. 16, 1815. Vol. III. 85. (Prince, 62.) state Bank, Amended, Dec. 12, 1816. Vol. III. 92. (Prince, 66.) Further amended, Dec. 18, 1826. Vol. IV. 77. (Prince, 66.) Further amended, Dec. 22, 1830. Pam. 40. (Prince, 67.) Dec. 21, 1839. Pam. 29. Bank of Darienf Incorporated, Dec. 15, 1818. Vol. III. 94. (Prince, 67.) Act of Dec. 18, 1819. Vol. III. 102. (Prince, 70.) Amended, Nov. 22, 1826. Vol. IV. 77. (Prince, 71.) Act of Dec. 22, 1829. Vol. IV. 89. (Prince, 71.) Charter extended, Dec. 19, 1834. Pam. 44. (Prince, 71.) Repealed, Dec. 10, 1841. Pam. 22. See " Central Bank." Savings Bank of Augusta. Incorporated, Dec. 18, 1827. Vol. IV. 77. (Prince, 78.) *Tho compiler omits the Acts incorporating the several Banks, and the amendments thereto, believing it would render the volume too large. The references will render it an easy matter to turn to the Acts, when necessary. The Acts relating to the Central Bank are retained, as of more general necessity. fSee further, as to Darien Bank, title " Central Bank." Darien B'k. Savings B'k of Augusta. 19 146 BANKS AND BANKING ,—Private Corporations. Aug. Ins. & Bkg. Co.—B'kof Columbus—Marine & Fire Ins. l>'k—Phoenix—Mechanics', &c. Augusta Insurance fy Banking Company. Augusta in- Incorporated, Dec. 26, 1827. Vol. IV. 79. (Prince, 81.) Biinklngco. Amended, Dec. 27, 1831. Pam. 45. (Prince, 82.) Extended to 1S70. Dec. 27, 1845. Pam. 62. Amended, Dec. 24, 1845. Pam. 170. Dec. 29, 1847. Pam. 22. Bank of Co¬ lumbus. Marine and Fire Insur¬ ance. Phoenix B'k Mechanics' Bank. Commercial Bank. Bank of Columbus. Incorporated, Dec. 22, 1828. Vol. IV. 83. (Prince, 83.) Amended, Dec. 24, 1835. Pam. 35. (Prince, 113.) Marine Fire Insurance Bank of the State oj Georgia. Banking privileges granted, Dec. 20, 1825. Vol. IV. 75. (Prince 87.) Amended, Dec. 24, 1827. Vol. IV. 80. (Prince, 88.) Amended, Dec. 23, 1837. Pam. 36. Charter extended 20 years, Dec. 9, 1843. Pam. 12. Capital increased,. Dec. 22, 1847. Pam. 23. Farmers'1 Bank of Chattahoochee. Incorporated, Dec. 20, 1830. Pam. 26. (Prince, 90.) Changed to Phoenix Bank, Dec. 24, 1840. Pam. 23. Mechanics' Bank. Incorporated, Dec. 21, 1830. Pam. 34. (Prince, 94.) Amended, Dec. 30, 1836. Pam. 39. (Prince, 97.) Amended, Dec. 21, 1839. Pam. 89. Capital reduced, Dec. 4, 1841. Pam. 26. Commercial Bank of Macon. Incorporated, Dec. 22, 1831. Pam. 25. (Prince, 97.) Amended, Dec. 29, 1836. Pam. 54. (Prince, 154.) Dec. 26, 1837. Pam. 40. Insurance Bank. Insurance Bank of Columbus} Incorporated, Dec. 26, 1831. Pam. 33. (Prince, 102.) To reimburse them for money paid to volunteers, Dec. 25, 1837. Pam. 39. Charter amended, Dec. 28, 1838. Pam. 46. Bank of Hawkinsville, afterwards Merchants'1 Bank of Macon} Incorporated, Dec. 24, .1831. Pam. 39. (Prince, 106.) Removed, Dec. 27, 1842. Pam. 40. Name changed, Dec. 15, 1843. Pam. 11. Act for relief, Feb. 23, 1850. Pam. 61. Bank of Milledgcvillc. Bankof Mil- Incorporated, Dec. 22, 1835. Pam. 36. (Prince, 109.) Amend- ed, Dec. 24, 1836. Pam. 64. (Prince, 124.) ,j Amended, Dec. 16, 1840. Pam. 24. For relief, Dec. 24, 1845. Pam. 170. Capital increased, Feb. 11, 1850. Pam. 59. Merchants' Bank. (1) See 3 Kelly, 185. (2) See 1 Kelly, 417. BANKS AND BANKING.—Private Corporations. 147 Macon Savings B'k—B'k of Brunswick—Ocmulgee B'k—Planters & Mechanics' B'k, &c. Bank for Savings in the City of Macon. Incorporated, Dec. 26, 1835. Pam. 42. (Prince, 114.) Macon Sav¬ ings Bank. Bank of Brunswick. Incorporated, Dec. 27,. 1836. Pam. 40. (Prince, 116.) Bank of Amended, Dec. 26, 1837: Pam. 38. Removal, Dec. 24, 1842. BrunswiclL Pam. 26. Amended, Feb. 11, 1850. Pam. 60. Ocmulgee Bank. Incorporated, Dec. 30, 1836. Pam. 43. (Prince, 118.) Planters Mechanics'1 Bank of Columbus.1 Incorporated, Dec. 30, 1836. Pam. 55. (Prince, 124.) Ocmulgee Bank. Planters' & Mechanics' Bank. Western Bank of Georgia. Incorporated, Dec. 30, 1836. Pam. 60. (Prince, 128.) Western Bank. Bank of St. Mary's* Incorporated, Dec. 29, 1836. Pam. 68. (Prince, 132.) Removal, Dec. 27, 1842. Pam. 40. Bank of St Mary's. Bank of Savannah. Incorporated, Feb. 13, 1850. Pam. 51. Bank of Sa¬ vannah. Manufacturer's Bank of Macon. Incorporated, Feb. 23, 1850. Pam. 54. Manufactu rer's Bank. The Cherokee Insurance fy Banking Company. Incorporated, Feb. 8, 1850, Pam! 61. Cherokee Bank. * For charters of R. It. Companies, having banking privileges, see title "Internal Transportation." See 8 Ga Rep. 468, 486, 506, 511, 527. 148 BASTARDY—1703. Proceedings in eases of Bastardy. BASTARDY.*1 See. 1. Proceedings a,«. Parents. " 2. Commitment. " 3. Binding over. Sec. 4. Evidence. " 5. Bonds. " 6. Depositary. An Act respecting Bastardy, and other immoralities.—Approved Dec. 16, 1793. Vol. I. 42. proceedings l. Sec. I. Any Justice of the Peace, in any County within this mo&M. State, who of his own knowledge, or on information to him on oath made, of any free white woman having a bastard child, or being preg¬ nant with one, which it is probable will become chargeable to the County, he may thereupon cause a warrant, under his hand and seal, directed to the Sheriff, or any Constable of said County where the case may arise, and oblige the offender to be brought before him to give security to the Inferior Court of the •County, in the sum of £150, for the support and education of such child or children till the age of fourteen years, or to discover on oath the father of such bastard Against the child ; which being done, the said Justice shall issue his warrant2 in like manner, to bring before him the person sworn to be the father of such child or children, so born or to be born, who, on refusing to give security for the maintainance and education of such child or children, until they arrive at the age of fourteen years, and also the expense of lying-in with such child or children, boarding, nursing, and maintainance, while the mother of such child is confined by * reason thereof, that then it may and shall be lawful for the said Jus¬ tice to bind over such delinquent in a sufficient recognizance, to be and appear before the next Superior Court, which may be held in said County ; and it shall be the duty of the Attorney or Solicitor General to prefer a bill of indictment, to be laid before the Grand Jury, to answer to such complaint as may be then and there alleged against him touching the premises.f women to 2. Sec. II. In case the woman who shall have been delivered, ted,' wii?fan or is likely to be delivered, when brought before a Justice, refuses to wirMhu discover on oath the father of such child or children, so born, or to ^cL be born, or give such security to appear before the next Superior Court, to be held in and for the said County, and to give such secu¬ rity as may be then and there required of her by the said Court, for fhe maintainance and education, as aforesaid, of the said child or chil¬ dren, that then it shall be lawful for the Justice to commit her, in manner and form aforesaid, as pointed out by this Act; and in case of her refusing to make known to the said Court the father of such * For Acts authorizing illegitimate children to inherit from their mother and each other, see ■" Executors, Administrators, &c.," subdivision " Distribution," sec. 27 and note. As to issue of marriage where parties are guilty of bigamy, see " Penal Laws," sec. 217. f See " Penal Laws," sec. 237. (1.) The vfhole subject of legitimating Statutes discussed in 8 Ga. Rep. 210. (2.) Contents of warrant and effect of informal warrant. 6 Ga. Rep. 491. BASTARDY—1802. 149 Duty of Justices—Bond. child, or give security as aforesaid, that then it may and shall be lawful for the said Court to imprison her, not exceeding three months. And whereas, it is highly injurious in civilized society, that men or women should live in adultery or fornication together: 3. Sec. III. Be it enacted, 6fc. That from and after the passing of this Act, any man or woman who shall live together in like man- over tho ner, it shall be the duty of any of the neighboring Justices, if within aduiteVand their knowledge, or upon information to them on oath that such man fornicatlon» and woman do live in adultery or fornication, he shall thereupon cause the said man and woman to be brought before them, or either of them, whose duty it shall be to bind them over to appear at the next Superior Court, and the Attorney or Solicitor General shall then and there prefer a bill of indictment against both the man and woman.1 [As to the penalty, see Code. Penal Laws, 237.] An Act supplementary to the foregoing.—Approved Nov. 26, 1802. Yol. II. 60. 4. Provided, nevertheless, That nothing herein contained shall be so Bet they construed as to bar either party when charged as aforesaid, from ™ raspatory offering exculpatory testimony to the Magistrate, in the first instance cv,dence» of the charge exhibited ; who may exercise his discretionary power, after due inquiry being had, either to discharge or recognize both or either of the parties charged as aforesaid, in conformity to the in¬ tent and meaning of this Act; anything to the contrary notwith¬ standing.* An Act to carry into effect the first section of an Act entitled an Act respecting Bastardy, and other immoralities, and the more fully to empower the Inferior Courts of the several Counties in this State, to provide for the maintainance of bastard children.—Ap¬ proved Dec. 9, 1809. Yol. II. 524. ' 5. Sec. I. From and immediately after the passage of this Act, fh°on^ai^f it shall be the duty of the Inferior Courts in the several Counties of nance of this State, when any child or children have, or shall become charge-children, able to the County, where bonds are taken, and to be hereafter taken, in conformity to an Act, passed the 16th day of December, 1793, as p^ated.pr<>~ above recited, for the maintainance of bastard children, to institute an action on all bonds so taken, and to be hereafter taken, in maimer aforesaid, and prosecute the same to judgment; and it shall be law¬ ful for them to recover the full amount of said bond or bonds, which judgment or judgments shall remain open, and be subject to be ap¬ propriated by the Courts aforesaid, from time to time, as the situa¬ tion and exigencies of the said bastard child or children may require. *The rest of this Act superseded by the Code, see " Penal Laws," sec. 237. (1.) Object and policy of this Act reviewed, 3 Kelly, 534. 150 BOUNDARY. Georgia, South Carolina ami North Carolina. How and 6. Sec. II. It shall be lite duty of the Justice or Justices of the tond^eare w Peace, before whom the aforesaid bond shall be taken, to return such be returned. ]-j0n(j t0 |]ie clerk of the Inferior Court of the County in which such female shall reside, within thirty days after the same is taken. [Respecting murder of infants, evidence, &c. see Penal Laws, sees. 47, 48, 49.] BOUNDARY. I. SOUTH CAROLINA. An Act for the ratification of certain agreements made and entered into by Commissioners, appointed by the Legislatures of Georgia and Carolina, for the purpose of settling certain disputes relative to boundary.—Approved February 1, 1788. Vol. I. 337. Whereas, by an ordinance passed by the Legislature of this State, commissioners were appointed and authorized to meet other commis¬ sioners, similarly appointed by the State of South Carolina: and whereas, the said commissioners, or a majority of them from each State, were vested with full powers to settle all differences, contro¬ versies, disputes, and claims, which subsisted between the two States, relative to boundary : and whereas, they, conformably to those pow¬ ers, did, on the 28th day of April, in the year 1787, in convention at Beaufort, in the State of South Carolina, by certain instruments of writing to which the said commissioners interchangeably set their hands and affixed their seals, make mutual concessions and agree¬ ments for the purpose aforesaid : Beautort Be it therefore enacted, &pc. That whatever was done* by the said ratified!1011 commissioners, or a majority of them as aforesaid, is hereby ratified, and shall be considered as binding upon the citizens of this State, any law to the contrary notwithstanding. H. NORTH CAROLINA LINE. The boundary between North Carolina and Georgia, which has been the subject of so much controversy, has arisen principally out of the difficulty of fixing on the thirty- fifth degree of north latitude with such exactness and certainty as to satisfy both parties. The first measure that appears on the Statute Book, is a resolution of May 7, 1803, [Vol. H. 678,] directing the Governor to take such measures as he may deem necessary " to ascertain and identify that tract of country ceded by the United States to this State," and also to ascertain to what part thereof the Indian title had been extinguished, and to direct the Surveyor General to lay a map thereof before the next Legislature. On the 10th Dec. 1804, an Act was passed [Vol. II. 189,] which, deducing in its pre¬ amble the chain of the Georgia title, give3 by enactment an authority to the Governor * For the Beaufort Convention, at length, see " Crawford and Marbury," Laws, vol. 1, 662. BOUNDARY. 151 Georgia and Alabama. to appoint commissioners to meet such as may be appointed by North Carolina, tor as¬ certaining and designating the lines of Walton County. The resolution of December 5, 1807, [Vol. II. 682^4,] reciting that the commissioners and artists from both States had proceeded in their duty; but that from the differences in result among themselves, and from other causes, the Georgia commissioners appeared not to be confident of the accu¬ racy of the calculations : And therefore resolved, that three commissioners be appointed, to be attended by two artists and the Surveyor General with other instruments, for the purpose of ascertaining satisfactorily this parallel of latitude, requesting of North Caro¬ lina her co-operation in this measure; and that in the mean time the people of that County might not be disturbed by any officers of that State. The State of North Caro- linanot having attended to this, the resolution of December, 1803, [Vol. 11.689,] requests the Governor to renew his application to the Government of that State ; and should they refuse or fail to co-operate, the Governor of Georgia is requested to proceed alone. Nothing, however, appears to have been done in pursuance of these resolutions. On the 15th of December, 1809, [Vol. II. 690,] the Legislature addressed her memorial to the General Government, briefly setting forth the origin and progress of the dispute, and praying the Government of the United States to appoint a proper person to run the di¬ viding line through its whole extent between the two States. There being some unex¬ pected. difficulties in this course ; and there being now, it would seem, a better prospect of amicable adjustment with North Carolina, the Legislature once more, by resolution of 1.5th December,J 1810, [Vol. II. 694,] invited the attention o'f the sister State to the subject. The Governor, by that resolution, was authorized to employ Mr. Andrew El- licott to ascertain the 35th degree of north latitude for the satisfaction of Georgia alone, if North Carolina would not concur. But the Governor was to advise the Executive of North Carolina of this measure, with the assurance, that if that State would co-operate, the observation taken should be final and conclusive. Mr. Ellicott made his observa¬ tions, which were acquiesced in ; and here ended the dispute, as to the parallel of lati¬ tude. But the line was not then run out and marked. The resolution of 9th Novem¬ ber, 1818, [Vol. II. 1197,] directs the Governor to appoint persons to meet such as may be appointed by North Carolina, to run and plainly mark the dividing line between the States of North Carolina and Georgia. And that that State be invited to co-operate in this measure. III. ALABAMA. The prospect of a cession of Creek lands adjoining Alabama, rendering it important for the line to be run, and the Legislature deeming that duty incumbent on the United States, directs the Governor to bring this subject to the attention of the President, and to appoint an artist and one other person to co-operate on the part of the State. [Res. of Nov. 29, 1822, Vol. iV. 24, of Res.] In 1824, referring to the necessity of having this business accomplished as soon as possible, the Legislature request the Governor to continue his exertions to that end. [lb. 29.] At the extra session of June, 1825, supposing an Act for the survey and disposal of the territory lately acquired, bounding on Alabama, would probably be passed before the adjournment, and as Alabama and the General Government had both declined any agency in the measure contemplated, the Governor is required to appoint commissioners to ascertain the boundary line, according to the compact of 1802 ; duly notifying Ala¬ bama and acting with her commissioners if that State should think proper to appoint them. [lb. Res. p. 50.] In December, 1826, the committee report what had been done by the Georgia com¬ missioners, Messrs. Blount, Crawford and Hamilton. That Miller's Bend had been as¬ certained to be the first great bend in the Chattahoochee above the mouth of Uchee creek, from which a right line to Nickajack would not touch the river. But the Ala¬ bama commissioners not agreeing to this as the beginning point, and contending for another, those of Georgia proceeded to run the line alone from Miller's bend. Referring to the Constitution of 1798, art. I. sec. 23, which reserves to Georgia the whole of the Chattahoochee, some of which would be thrown into Alabama by the line proposed by the commissioners of that State, the Legislature concurs in the line designated by the Georgia commissioners and recognizes it as the true line contemplated by the articles of cession of 1802. [Ib. 66.] Alabama having protested against this boundary in 1828, the committee's report adopted by the Georgia Legislature of that year, reviews the whole controversy, sums up the arguments, adheres to the line as run by Georgia, and expressing kind and ami¬ cable feelings for Alabama, indulges the hope she will not persist in wrhat is conceived to be an error. [Ib. 115 of Res.] That State, however, being still unsatisfied with the line as run, and having passed certain resolutions concerning it, the subject is brought before the Legislature in 1833. Thev notice the invitations given to Alabama and the United States to co-operate, and 152 BOUNDARY. Georgia and Florida. their failure to do so ; The action of Georgia alone under circumstances of urgent ne¬ cessity not admitting of delay ; the private titles now held under Georgia up to the line; and finally, that the United States, and not Alabama is interested in the question so far as the private right of soil is concerned. That therefore Georgia cannot consent at present to open the question of boundary, but if Alabama wishes to obtain further in¬ formation, to satisfy herself, Georgia will afford all facilities in her power ; and after the exact points of difference, and the amount of territory involved in the controversy are known, it will be in time for Georgia to consider and determine what course will bo most just and proper. [Pam. of 1833, p. 345.] IY. FLORIDA. The resolution of December, 1818, [Vol. III. 1201,] authorizes the Governor to ap¬ point two persons to ascertain the true head of the Saint Mary's river, and if it shall appear that the mound thrown up by Mr. Ellicott and the Spanish deputation is not at the place set forth in the treaty -with Spain, that they make a special report of the facts to the Governor, who shall thereupon communicate the same to the President of the United States, with a request that the lines may be run agreeably to the true intent and meaning of the treaty. The Governor requested to open a correspondence with the General Government, and with that of Florida if necessary, with a view to a permanent establishment of the line. [Res. of 20th November, 1824, Vol. IY. 38.] The Executive requested to associate with one under the United States in performing this service. [De¬ cember 4, 1826. Ib. 66.] The United States and Georgia commissioners not having been able to agree, the Legislature of 1827, referring to the only point of dispute, the head or source of the river St. Mary, deny that Ellicott's mound marks it truly, or that Georgia is concluded by any supposed acquiescence in that designation, and object to the assumption by Congress of that location as the true one ; and requests our delegation in Congress to procure an Act authorizing the line to be run, not specifically as before from that mound, but to ascertain the true point without any regard to previous operations, and run the line according to the treaty of 1795. [Ib. 91.] The resolution of 1828, referring to the adverse report of the Representatives' com¬ mittee of Congress, reviewr and oppose the reasonings of that report, denying that the joint American and Spanish commission had any authority to vary the treaty with Spain, if, as the Legislature contend, they did vary it, or any way to conclude the rights of Georgia ; and that any supposed acquiescence of this State was under a mistake, which, until discovered, could not have prejudiced her rights. Deducing the claim of Georgia from our old charter, the commission to Governor Wright, [Vol. I. 672,] the definitive treaty of peace with Great Britain, and the treaty with Spain of 1795, recog¬ nized and acted on by our own Act of 1783, [Ib. 323] and by our State constitution, and from several other documents, all referring to " the most southern stream" of the Saint Mary, the Legislature contend for the source of the most southern tributary of that river as the true point; and Resolve, that Congress be earnestly requested to pass an Act which shall direct the line to be run without reference to Ellicott's Mound, as required by the Act of Congress of May, 1826, but generally " according to the pro¬ visions of the second article of said treaty and in the event that Congress should re¬ fuse to do tins, that then the Governor is authorized to appoint commissioners with a surveyor and artist so to run and mark the line. [Vol. IV. 127.] The Legislature of 1829, regretting that no such Act as requested had been passed by Congress, deem it sufficient to refer to without reiterating the full exposition of this subject made at the preceding session. They do not view the land in controversy, but the rights of the State as the main question; and not considering itself invested with the constitutional power to give up or barter awray or relinquish its jurisdiction over any portion of the territory or citizens of the State, renew the claims of Georgia as before as¬ serted, and repeat in substance the resolutions of the preceding year. [Ib. 135.] In 1830, the Legislature again sustain, by further argument, the claim of Georgia, re¬ peat the request to Congress so to amend the Act of May, 1826, as to admit of a joint demarkation of the boundary without reference to the terminus designated by Mr. El¬ licott ; and that, in failure of this attempt, " that the question ought to be carried for decision before the proper judicial tribunal." [Pam. 229.]—Prince- In 1845, the Legislature passed a Resolution authorizing and requesting the Governor to appoint two commissioners to meet such as might be appointed on the part of Florida " for the purpose of settling the boundary .between said States." Simultaneously, al¬ most, the Legislature of Florida passed a similar Resolution. Messrs. Joel Crawford and J. Hamilton Couper, were appointed on the part of Georgia, and Messrs. John Branch and Wm. P. Duval, on the part of Florida. By arrangement, the commissioners met at Bainbridge, in March, 1846, " for the purpose of agreeing upon rules by which CESSIONS TO THE UNITED STATES—1791-1804. 153 Tybee Lighthouse—Cession of Mississippi Territory, 1802—Locations for lighthouses. the controversy might be adjusted." The commissioners disagreeing as to the object of the mission, those on the part of Florida, insisting that the eastern terminus was not an open question—the result was a failure to settle or define the boundary line. In 1847, a report was adopted by the Legislature of Georgia, recommending " the submission by the two States to the Supreme Court of the United States, of the abstract question, whether so much of the Treaty of the United States with Spain, in 1795, as provides for the ascertainment and establishment of a boundary between Georgia and Spain has been executed in pursuance of the terms of said Treaty. Should the decision of the Supreme Court determine that that portion of the treaty has been executed by the commissioners of the United States and Spain—that then, the Governor of Georgia appoint two commissioners, to unite with an equal number on the part of Florida to mark the line from Ellicott's mound, to the junction of the Flint with the Chattahoochee. In the event of the decision that the boundary has not been ascertained and established —then a joint commission to be appointed to ascertain " the head of the St. Mary's' river," whence the fine should be run. In December, 1848, the Legislature of Florida, without noticing the action of Georgia, passed Resolutions, requiring the Attorney Gen¬ eral " to file a bill in the Supreme Court of the United States, to confirm and quiet the boundary line between the State of Florida and the State of Georgia." This is the pre¬ sent condition of the question. CESSIONS TO THE UNITED STATES.—1791, 1847, An Act to empower the Senators, or one Senator and two Represen¬ tatives, from this State, in the Congress of the United States, to sign, seal, and deliver a Deed of Cession of the Lighthouse on Tybee Island, and five acres of land belonging thereto, to the United States.—Approved December 15, 1791. Vol. I. 344. Prince, 150. An Act to amend an Act* entitled u an Act to carry the twenty-third section of the first article of the Constitution into operation, so far as relates to the powers vested by the same in the honorable Abraham Baldwin, James Jones, and Benjamin Taliaferro, Esqrs. commissioners on the part of Georgia, to make a cession, of part of the unlocated territory of said State to the United States.—Approved December 2, 1800. Vol. I. 586. Prince, 151. An Act to ratify and confirm certain articles of agreement and cession entered mto on the 2^th day of April, 1802, between the Commission¬ ers of the State of Georgia on the one part, and the Commission¬ ers of the United States on the other part.—Approved June lb, 1802. Vol. II. 48, Prince, 151. An Act to cede to the United States jurisdiction over four acres of Land on the Southern extremity of St. Simon's Island, and six acres of Land on the Southern, extremity of Cumberland Island jjor the pur¬ pose of erecting Lighthouses.—Approved December 10, 1804. Vol. II. 197. Prince, 154. •Vol.1. 584. Superseded by this. fSee Resolution of June, 1807, on this subject. Vol. II. 675. 20 CESSIONS TO THE UNITED STATES—180S-M7. Forts, &c.—Custom-house, &e.—Lund on Fi^ Island, &e. An Act to cede to the United States jurisdiction over fire acres of Land, on the Southern extremity of Sapelo Island, for the purpose of erect¬ ing a Lighthouse.—Approved May 23, 1808. Vol. II. 438. Prince 154. An Act to cede jurisdiction over Lands acquired hy the United States, for the purpose of erecting Fortifications in this State. Approved Dec. 22, 1808. Yol. II. 466, Prince, 154. An Act to cede jurisdiction over jive acres of Land on Wolf Island or part thereof across the Creek at the West end of said Island, for the purpose of erecting a Lighthouse or Beacons.—Approved Dec. 14, 1819. Vol. III. 434. Prince, 155. An Act to cede to the United States of America the Interest of the State in, and its Jurisdiction to, certain Sites on the Savannah River, whereon Beacons have been erected.—Approved Dec. 22, 1820. Yol. IY. 244. Prince, 155. An Act to cede to the United States Jurisdiction over Marsh Island, for the purpose of erecting Beacons.—Approved May 16, 1821. Yol. IY. 244. Prince, 155. An Act assenting to and. confirming ci purchase made by the United States of a piece of Land, situated near Augusta, Georgia, and for ceding the Jurisdiction over the same.—Approved Dec. 26, 1826. Yol. IY. 261. Prince, 155. An Act assenting to and confirming a purchase which is about to be made, or may be made by the United States of a piece of land situa¬ ted near Augusta, Georgia, and for ceding the jurisdiction over the same.—Assented to Dec. 27, 1843. Pam. 68. An Act " to give the consent of the State of Georgia, to a purchase by the United States oj a lot of land in the City of Savannah, for the use oj a Custom House, and to cede the jurisdiction of the same.—Ap¬ proved Nov. 18, 1845. Pam. 24. An Act to cede to the United States of America all the right, title and interest of the State of Georgia, in, to and over a reserve oj twenty acres of land on the Island of Cockspur, in the Savannah river ; and also the jurisdiction thereof.—Approved Dec. 27, 1845. Pam. 97. An Act to give the consent of the State of Georgia, to a purchase made by the United States, of a lot of land in the City of Savan¬ nah, for the pur pose of erecting a Custonv-House thereon ; and also, COAST SURVEY—1847. 155 Privileges to persons engaged therein. to the purchase of land on Fig Island, on which are about, to be erected a Light-house and other necessary buildings, and to cede the jurisdiction over the same.—Approved Dec. 7, 1847. Pam. 207. An Act consenting to the purchase of land at Cumberland Sound, and ceding to the United States jurisdiction over the same, except in civil and criminal cases.—Approved Dec. 29, 1847. Pam. 206. An Act to authorize persons engaged in the United States Coast Survey, upon the Coast of Georgia, to enter on lands within this State for the purpose of said survey, to protect the operations of the same from injury and molestation ; to ascertain the mode of assessing damages caused to any property in the progress of the same, and to provide for the punishment of offenders against the provisions of this Act, and for other purposes.—Approved Dec. 30, 1847. Pam. 59. Whereas, according to the provisions of an Act of Congress, passed February 10, 1807, and Acts supplementary thereto, and in pursuance of the same, the operations of the United States Coast Survey have reached the coast of Georgia; and whereas, it is im¬ portant that such operations should be carried on without hinderance or injury, and that certain privileges should be granted to persons employed in the same, without detriment nevertheless to the citizens of Gteorgia: 1. Sec. I. Be it therefore enacted, That from and after the pass- persons «»- n . , -in - ployed in mg oi this Act, any and every person employed under and by vir- coast survey tue of an Act of the Congress of the United States, passed the 10th ^andffor day;.of February, 1807, and the supplements thereto, concerning the ttiiereor1)0SeB United States Coast Survey, may enter upon lands and clear and cut timber within this State upon the same, for the purpose of ex¬ ploring, surveying, triangulation, levelling, or doing any other act requisite to effect the object of said Act of Congress, without being considered as a trespasser, provided no unnecessary injury be done thereby. 2. Sec. II. If the parties interested, namely, party or parties COAST SURYEY—1847, Sec. 1. Entering on lands. " 2. Assessment of Damages. " 3. Return of issue. Sec. 4. Costs. " 5. Fees. " 6. Injury to signals, &c. 156 COAST SURVEY—1817. Mode of assessing damages—Penalty for wanton injury. Mode of a?-representing the Government in the United States Coast Survey on ages. dm the coast of Georgia, and the owners or possessors of the land so entered upon, and to which damage may have been done, cannot agree together upon the amount to be paid for the damages caused by doing any of the acts aforesaid, either of them may complain in a summary manner to the nearest Justice of the Peace for the dis¬ trict of the County where the damages may have been committed, who shall associate with himself two disinterested freeholders of the said County, one to be named by each party interested, who shall, upon hearing the parties, and with or without view of the premises, as they may determine, proceed to assess and award any damages which may have accrued to the owners or possessors of the land so entered upon : Provided, nevertheless, that the party complaining as aforesaid shall serve upon the opposite party interested ten days no¬ tice in writing of the time and place when and where said complaint is to be heard, and the name of the freeholder by him selected. Report. 3. Sec. III. The said Magistrate and freeholders shall, without unreasonable delay, hie in the office of the Clerk of the Inferior Court of the County where the said complaint may have been heard, a report of their proceedings, which report shall be conclusive against the parties and be evidence of their assent to the same, unless either of them shall, within ten days after the filing Qf the said report, file i^meanT' a &enen;d or sFecia^ objection to tire same in the office of the said trial. Clerk, of which the other party shall have notice: whereupon an issue shall be made up and a trial had at the next term of the Infe¬ rior Court for the said County, in the same manner in which civil cases are tried, except that the judgment shall be rendered and the damages assessed at the first term, rr damages 4. Sec. IV. Any person so entering land as aforesaid, for the sum tender- purposes aforesaid, may tender to the party injured sufficient amends be recovered! any damage done upon the said land ; and if upon the examina¬ tion before the Justice of the Peace and freeholders as aforesaid, or upon the trial before the Inferior Court, the damages finally assessed shall not exceed the amount so tendered, the person who has so en¬ tered and made tender of amends shall recover his costs, costs and 5. Sec. V. The Justice of the Peace and freeholders aforesaid, fees* upon complaint made to them as aforesaid and decision given, shall receive [the] same costs to which by law Justices of the Peace are entitled in a civil case from summons to judgment; and upon the trial in the Inferior Court the costs shall be taxed by analogy to the bill of costs in said Court established by law. Wanton in- 6. Sec. VI. That if any person or persons shall wilfully or wan- iiais,&c!'s" tonly injure, deface or remove any signal, monument, building, or indictment. any appendage thereto, used or constructed in the State of Georgia under and by virtue of the Act of Congress aforesaid, he and they shall be liable to indictment for the same under this Statute, for each and every such offence, and upon conviction shall be sentenced to pay a fine of fifty dollars, one-half of which shall go to the prosecutor and the remainder shall be appropriated according to the laws of suit for this State regulating the disposal of such fines ; and he and they damages, spap ajso pe liable for all damages sustained by the United States of COINS AND CURRENCY—1789-'96. 157 Coin pass by tale—Provincial currency—Federal currency. America by reason of any such injury, defacement or removal, to be recovered bty action on the case in any Court of competent jurisdic¬ tion. . COINS AND CURRENCY.* 8ec. 1. Pass by tale. I Sec. 3. Public Accounts. " 2. Yalue of dollar. | " 4. Verdicts. An Act to prevent the clipping and mutilating the Current Coin of this State.—Approved Feb. 3, 1789. Vol. I. 59. Whereas, the most mischievous consequences are daily experienced by the good citizens of this State, from the nefarious practice of clipping and mutilating the circulating specie thereof, to prevent the same, 1. Sec. I. Beit, enacted, &pc. That all gold and silver coin of compo pass full weight shall pass current by tale within this State. oyta.e. [Sec. II. prescribing a penalty for clipping coin, repealed by Act of Dec. 29, 1847. Pam. 206.f] An Act for regulating the rates of Coin.—Approved Dec. 29, 1794. Vol. I. 60. 2. Sec. I. After the first day of July next, a Spanish milled dol- mian to be lar shall pass and be received in payment of all debts which may be eightshii- contracted by or with any person or persons within this State, and in 'whence, payment of all taxes that may be laid or assessed after the present session, at the rate of eight shillings and four pence,J and all other ty™e pr<>p°r- coins in the same rate and proportion : Provided, nevertheless, that this Act shall not be so construed as to affect any contract or money transaction, made or entered into prior to the first day of July, 1795 ; And provided also, that nothing herein contained shall be so con- ^ot t0 affect i / u I66S or Stllcl- strued as to reduce or alter the fees or salaries of the several officers nes of offi- within this State. . ceu" An Act to regulate the manner of keeping Public Accounts within this State.—Approved Feb. 22, 1796. Vol. L 33. 3. Sec. I. From and after the first day of March, 1796, all ac- *See " Banks and Banking," and "Penal Laws," for Acts in relation to change bills. See " Central Bank," and " Public Debt," for Acts in relation to " Bonds of the State." fFor offences in reference to coin, see " Penal Lavs," sees. 143, 144. • JThe Act of 1786 for the emission of £50,000 in paper money made it a legal tender at the rate of 4 shillings and 8 pence to the dollar, and 37 shillings and 4 pence to the half jolianna of Portugal. Vol. I. 380, 84. Prince. 158 CONVEYANCES AND REGISTRY—1755. Analysis. Public ?.c- counts in the public offices, and all accounts of the tax collectors of kept in dui! this State, shall be expressed in dollars or units, dismes.or tenths, Iars' cents or hundredths, and mills or thousandths ; a disme being the tenth part of a dollar, a cent the hundredth part of a dollar, and a mill the thousandth part of a dollar, verdicts to 4. Sec. II. The verdicts of Juries, on all contracts which shall be m dollars. ^ macjG after |-!ie fprgt day 0f March next, shall be expressed con¬ formable to this regulation. CONVEYANCES AND EEGISTRY.*-1755. Sec. 1. Where and when recorded. " 2. Fraudulent Conveyances. " 3. Former records. " 4. Sales by agent or attorney. " 5. Sales by husband and wife. " 6. Mode of relinquishment. " 7. Conveyance valid. " 8. Record in Secretary's office. " 9. Two or more mortgages. " 10. Dower in mortgaged land. " 11. Formal defects. " 12. Continuation of Act. " 13. Formal defects. " 14. Execution of Deed. " 15. Relinquishment of Dower. " 16 Foreign powers of attorney, &c. " 17. Sales by attorney. " 18. Papers lost during war. " 19. Time of Registry extended. " 20. Entails prohibited. " 21. One witness or clerk. " 22. Fraudulent assignments. <" 23. Bills of sale, &c. " 24. Fee-tail vests'fee-simple. "25. Fee-simple unless restricted. "26. Affidavit not signed. " 27. Record not in time. "28. Time extended. " 29. Dowrer barred in lands sold. " 30. Mortgages, probate. "31. Time of record. " 32. Future; probate. " 33. Unrecorded, lose lien. " 34. Mortgage made out of State. " 35. Lien lost, unless recorded. " 36. Recorded deeds evidence. Sec. 37. Time extended. " 38. Commissioners in other States. " 39. Powers. " 40. Oath. " 41. Sales by Academy Commissioners. " 42. Time extended. " 43. Recorded deeds evidence. " 44. Tune extended. " 45. Recorded at any time. " 46. Two deeds—-which takes. " 47. Gift of slaves. " 48. Witness dead. " 49. Recorded at any time. " 50. Also bills of sale. " 51. Date of record omitted. " 52. Consuls and vice consuls. " 53. Witness to any contract. " .54. Certificates evidence. " 55. Tax Collector's deeds. " 56. Witness dead, insane or removed. " 57. Attestation of Clerk. " 58. Record allowed. " 59. Dower barred by Sheriff's sale. " 60. Record of Ji. fa. " 61. Improper records—copies. " 62. Marriage settlements, 12 months. P 63. Future, 3 months. " 64. Purchaser and creditor. " 65. Probate before Clerk. " 66. Official attestation. " 67. Act of 1838 extended. " 68. Execution in other States. " 69. Probate and attestation of Qlerk. " 70. Probate not recorded. " 71. Probate before Not. Public. " 72. Perjury. *For the process of foreclosure of mortgages, see "Judiciary," sees. 358,359. As to fraudulent conveyances to avoid payment of tax, see " Tax," sec. 15. See also, as to the liability of mortgagee for tax, sec. 15. For Act declaring deeds to estrays and vacant lots levied on and sold under certain circumstances void, see " Penal Laws," sec. 372. • For Acts providing for the record of Judicial proceedings, see title " County Funds and Records," sec. 20. For Act in relation to the Registry of E'r'.hs, see " County Officer0," sec. 34. CONVEYANCES AND REGISTRY—1755. 159 Provincial Act as to recording conveyances. An Act to prevent Fraudulent Deeds of Conveyance.*—Approved March 7, 1755. Vol. I. 111. Whereas, many inconveniences may attend the want or neglect of recording in the public offices of this province all conveyances of lands, negroes, and other chattels, or mortgages of the same : 1. Sec. I. Be it enacted, That all conveyances of lands, tene-conveyan- ments, negroes, and other chattels, or hereditaments whatsoever, or gages, &c. mortgages of the same, that were made before the passing of this Act, inhwhatn shall be registered in the register of the records' office of this province, recorded!"0 within three months after the publishing of this Act, except such as have been or may be hereafter executed in Europe, which shall be registered as directed by this Act, within a twelve month and a day ; and except such as have been or may be hereafter executed in the West India Islands, or on the American continent, north of South Carolina, which shall be registered by this Act within six months ; and such as may be hereafter made within this province be register¬ ed within the space of sixty daysf from the date of the several deeds, conveyances, or mortgages ; in failure of which, all such as are law¬ fully and regularly registered as aforesaid, shall be deemed, taken, and construed to be prior, and shall take place and be recoverable in law before any and every deed, conveyance, or mortgage, which has not been lawfully registered as above, any law, custom, or usage to the contrary notwithstanding.^ For Acts in relation to the recording of Sheriff's and Constables' Bonds, see " Coun¬ ty Officers," sees. 71, 73. Administrators' and Guardians' Bonds, see " Executors, &c.," sec. 120. For Acts requiring the records to be kept in well-bound books, see " County Funds and Records," sec. 2. For Act in relation to what amounts to a Seal, see " Evidence," sec. 29. For Act authorizing the Registry of final receipts of Executors, Administrators and- Guardians, see "Executors, &c." sec. 126. For Act authorizing Religious Societies to hold Real Estate, see " Religious Socie¬ ties," sec. 1. For Act prohibiting oral evidence to convert a Deed into a Mortgage, see "Evi¬ dence," sec. 28. For Act authorizing Foreigners to take mortgages, see " Foreigners," sec. 5—and deeds, sec. 9. For proceedings where contracting vendor or vendee of land dies, see "Executors, &c.," sees. 71, 83, 84. For Act in relation to reservation of " Burying Grounds," see " Penal Laws," sec. 359. For Act in relation to " Survivorship among joint Tenants," see " Judiciarv," sec. 293. For Act declaring sales and mortgages of land before the grant issues void, see title "Land," sec. 116, 129. * As all Acts must govern the contracts made under them, it seems difficult to assign any period when those relating to Conveyances may be considered as obsolete. Personal contracts, indeed, are generally disposed of by the Statutes of Limitation ; but questions of title, especially to real estate, very frequently depend on the soundness of former titles ; so that real property is held under not only recent Acts, but under those that have been in force at various periods heretofore. For these reasons, it is deemed best not to mutilate the Statutes on this subject, but to present them entire.—Prince. fMortgagcs must now be-recorded within three months (Act of 1827, sec. 30,) and deeds within twelve months. (Act of 1785, sec. 14.) See also Acts of 1837 and 1839. JSce sees. 31, 32, et seq. as to the recording of mortgages and the effect of a failure. See also Act of 1837, sec. 4, when there are two deeds, sec. 46 of this title. 160 CONVEYANCES AND REGISTRY—1755-'57. Penalty for second deed and mortgage—Deeds of agents or attorneys. And in order to discourage and deter all and every person and per¬ sons from making any fraudulent conveyances or mortgages : lenMiowde ^EC* ^ enacted, That if any vendor or mortgager of tected and lands, tenements, negroes, or other chattels, or hereditaments, within jtunisjied. provqnce? shall presume to execute a second or other deed of conveyance, or sale of the same lands, tenements, negroes, or other chattels, or hereditaments, other than the first vender of such lands, tenements, negroes, or other chattels, or hereditaments, or a second or other deed of mortgage, without having taken notice in the said deed of mortgage of the first or prior mortgage or mortgages with which the said lands, tenements, negroes, or other chattels or heredita¬ ments, stand charged at the time of executing the said deed, all and every person and persons so offending, shall be tried and punished, and be subject to the like forfeitures and penalties as the laws of that part of Great Britain, called England, have provided against all such persons as shall execute deeds of mortgage without taking notice of all prior mortgages made.* Sec. III. [Requiring wills to be recorded in three months, re¬ pealed by subsequent legislation.1] Deeds,wiiis, 3. Sec. IV. All deeds of conveyances, mortgages, wills or writ¬ ings that have been regularly entered in the former office of record of this province, shall be deemed lawful to all intents and purposes, any thing in this Act or any other Act contained to the contrary not¬ withstanding. An Act for confirming Rales oj Land in the province of Georgia by Attorneys or Agents, fyc.—^Approved February 8, 1757. Wat- kins' Digest, 48. 4. Whereas, divers persons living out of this province, are and have been owners of lands within the same, which persons have usually appointed attorneys to sell and dispose of such lands : to the end therefore that those who have so purchased, may from hence¬ forth be secured in their titles and estates, Be it enacted, That all sales of lands, tenements, and heredita- ments within this province, heretofore made by any attorneys or deemed va - agents^ have been appointed and empowered by any person or persons having a right so to do, are and shall be deemed and adjudg¬ ed good and effectual in law, to all intents, constructions and pur¬ poses whatsoever, as fully as if the said owner or owners of such lands had by their own seals and conveyances actually and really sold and conveyed the same ; and all and singular the lands, tene¬ ments and hereditaments sold and conveyed as aforesaid shall be and remain to such purchasers respectively, for such estate or estates, as the owner or owners, so employing his or their attorneys or agents, had or ought to have had therein. Secs. II. and III. Re-enacted in 1785; see sees. 16 and 17, of this title. *See sec. 9 of this'title. fSee secs. 16 and 17 of this title. [1.] So declared in Harrell vs. Hamilton, 6 Ga. Rep. 37. &x. already recordod, deemed le¬ gal. (Bales by agents and attorneys CONVEYANCES AND REGISTRY—1760. 161 Joint conveyances by husband and wife valid—Relinquishment of dower. An Act to enable Feme-Converts to convey their Estates, and for con¬ firming and making valid all conveyances and acknowledgments here¬ tofore made by Feme-Converts.—Approved April 24th, 1760.* Vol. I. 112. Whereas, the usual method of conveying lands and tenements in England, by feme-couverts, is by fine or recovery, which methods have not been practised in any of his Majesty's American colonies : And whereas, "instead thereof, it has been customary in the convey¬ ances of lands by husband and wife, for the wife to acknowledge her consent before a Judge or Justice, being first privately examined by the said Judge or Justice, whether she acknowledged the same vol¬ untarily and freely: 5. Sec, I. Be it therefore enacted, That all alienations and con- j?e°gn&*'a"f veyances whatsoever, • which have at any time heretofore in this lands, made province been made, either by husband and wife, having jointly and wife" or signed a deed of conveyance before witnesses, or by the acknowl- edkbyWthe6 edgmertt of the wife of her consent to such a sale of lands and tene- niadft meats, before any of the then Justices or Magistrates, shall in such cases be valid in law, and good and effectual against the husband and wife, their heirs, and assigns, and against all other person or persons whatsoever, claiming under the said husband and wife, or either of them, to all intents and purposes as if the same had been done by fine or recovery, or by any other way or means in the law. And whereas, It is necessary to secure the property of future pur¬ chasers of lands and tenements, as well as to prevent husbands dis¬ posing without the consent of the wife, what of right did of would belong to 'them : And whereas, also, the method practised in England in these cases would prove exceedingly troublesome and very ex¬ pensive to the inhabitants of this province : 6. Sec. II. Be it therefore enacted, That from and after the pass- now to be ing of this Act, all conveyances of lands and tenements shall be made ™g?sVred by deed of bargain and sale, or by deed of lease and release, or by hereafte1-. deed of feoffment, enrolled or' registered in the Secretary's office of this province, signed and sealed by the party conveying, before two or more witnesses, who shall likewise sign their names to the said deed ; and where a feme-couvert has, or may have any right in part H?w the or the whole of the lands and tenements to be conveyed, and thejc iin the hiw, said feme-couvert doth willingly consent to part with her right, by conveyance? becoming, a party with her husband in the sale of such lands and tenements, in such cases as these, the said feme-couvert shall become a party with her husband in the said deed of conveyance, and sign and seal the same before the Chief Justice, or assistant Judges, or one of his Majesty's Justices of the Peace, for the parish where such con¬ tracts shall be made, declaring before the said Judge or Justice that she has joined with her husband in the alienation of the said lands *This Act amended by Acts of 1826, and 1842 which bar the widow of dower in all lands conveyed by the husband or under legal sale during his life-time, see sees. 29 & 59 of this title. See also see. 10, as to widow's dower in lands mortgaged. 21 162 CONVEYANCES AND REGISTRY—1760-'68. Fraudulent conveyances—liccord of deeds, bills of sale, &e. and tenements of her own free will and consent, without any com¬ pulsion or force used by her said husband to oblige her so to do; which declaration shall be made in the following words, or words to Relinquish- the like effect: viz. " I, A B, the wife of C D, do declare, that I dower. have freely, and without any compulsion, signed, sealed, and deliv¬ ered the above instrument of writing, passed between D E and C D ; and I do hereby renounce all title or claim of dower that I might claim or be entitled to after the death of C D, my said husband, to or out of the lands or tenements therein conveyed. In witness whereof; I have hereunto set my hand and seal."* And the said Judge or Justice shall, and is hereby required to endorse upon the deed the acknowledgment of-the same feme-couvert made before justice's fee. him, and to sign the same, and shall receive two shillings and sixpence sterling fee, for his endorsing and signing the same, and no more, such con- 7. Sec. III. All conveyances of lands and tenements, made and ciaredCvaifd executed, and enrolled, and registered, according to the intent and miaw. meaning of this Act, shall and are hereby declared valid in law, and good and effectual against the party conveying, or husband and wife, and their and every of their heirs and assigns, and against all other persons claiming by, from or under them, or any of them, to all intents and purposes, as if the same had been done by fine or recovery, or by any other way or means, any laws, customs, or usages, to the c'ontrary notwithstanding. An Act to prevent, fraudulent mortgages^ and conveyances, and for making valid all deeds and conveyances heretofore made, with respect to any defect in the form and, manner of making thereof, with certain restrictions.—Approved Dec. 24, 1768. Vol. I. 113. Whereas, notorious frauds have been committed by evil disposed and designing persons, who frequently mortgage and borrow money on security of lands and slaves, having before conveyed, sold, or mortgaged the same, and the recording of all deeds and conveyances of lands, tenements, negroes, and other chattels, will greatly tend to the securing the titles of the proprietors, or mortgagees, and prevent such frauds for the future : Deeds of 8. Sec. I. Be it therefore enacted, That all and every deed and reai'orper-0' deeds of sale, mortgages, or conveyances of any lands, tenements, ne- erty'to'b^ groes> or other goods and chattels, heretofore made in this province, recorded in and which shall be recorded in the Secretary's office of this province, trie secreta- ry's office in within six months after the. passing of this Act, except such as have ten days. j3een maqe and executed in any of the British islands, or in any of the other of the colonies on the continent of North America, which shall be recorded within nine months, and except also such as have been made and executed in Great Britain or Ireland, which shall he recorded within twelve months; and all deeds.of sale, mortgages, * See. sec. 15 of this title. See also sec. 10, as to dower in mortgaged premises. fSee sec. 30 et seq. this title as to recording of mortgages, and also as to mode of probate. CONVEYANCES AND REGISTRY—1768. 163 Second mortgage—Dower in mortgaged lands. conveyances,* made and executed within this province, from and after the first day of January next ensuing, being recorded as afore¬ said within ten daysf after the execution thereof, shall be deemed, held, and taken as the first deed of sale, mortgage or conveyance, and shall be allowed, adjudged, and held valid in all Courts of judi¬ cature within this province, any former or other sale, mortgage, or con¬ veyance, being of the same lands, tenements, negroes, and other goods and chattels, and not recorded as aforesaid, notwithstanding. 9. Sec. II. Provided always, and be it further enacted, That Method of ^ proceeding nevertheless, if it shall so happen there be more than one mortgage where there at the same time, made by any person or persons to any person or mortgages persons," of the same lands and tenements, negroes, goods, or chattels,tlianone- the several late or under mortgagees, who shall have recorded their mortgages, his, her or their heirs, executors, administrators or assigns, shall have power to redeem any former mortgage or mortgages, re¬ corded as aforesaid, upon payment of the principal debt, interest, and cost of suit, to the prior mortgagee or mortgagees, his, her, or their heirs, executors, administrators, or assigns, anything contained to the con¬ trary thereof in anywise notwithstanding ; and all and every person p°naity for J i n ii second mort- and persons wno shall mortgage the same lands, tenements, negroes, gage, goods, or chattels, a second time, the former mortgage thereof being in force, and not discharged, and shall not discover to the second mortgagee in writing under his or their hands, shall have no relief, power, or liberty of redemption whatsoever, in equity or otherwise, of and in the said after mortgage 'or mortgages. 10. Sec. IIL Provided also, and be it further enacted,. That ^d(°rwj®t nothing in this Act contained shall be construed, deemed, or extended barred in to bar any widow of any mortgager of lands or tenements, from her lands, un- dower and right in and to the said lands and tenements,, who did not legally join with her husband in such mortgage,, or otherwise law-ed- fully bar or exclude herself from such her dower or right. And to the end that no person may hereafter suffer any inconve¬ nience in recording their title deeds, by exposing the defects thereof, 11. Sec. IV. Beit furl her enacted and, declared, That no deed of formal do- feoffment, bargain and sale, deed of gift, or other conveyance, of any deeds'Sot to lands or tenements whatsoever, heretofore made, shall be impeached vltiate them* or set aside in any Courts of Law or Equity for want of attornment or livery and seisin, or -enrolment, or for that such conveyance hath been made by way of assignment or endorsement on any other deed or conveyance without other ceremony, nor for any other defect in the form or in the manner of the execution of any such deeds or con¬ veyances, or of the endorsements or assignments thereof, either in the first deed, or in any of the mesne conveyances derived therefrom ;J Proviso. Provided, nevertheless, That in case of the validity of such feoff¬ ment, bargain and sale, deed of gift, or other conveyance of lands or tenements, shall be questioned, the legal and usual proofs shall be made that the rights were and would have been. in the person or *Pee farther, as to recording conveyances of personalty, sees. 32, 50, of this title, Act of 1827, sec. Ill; Act of 1839, sec. II. fMortgages 3 months, sec. 30, &c. Deeds 12 months, sec. 14. pSec next Act, sec. 13. 164 CONVEYANCES AND REGISTRY—1785. Formal defects in deeds—Execution of deeds—Registry. persons conveying, if such defects had not happened in the form of such deeds or conveyances, or in the manner of the execution of the same as aforesaid. continua- 12. Sec. V. This Act shall continue and be in force for and tlon' during the term of three years from and after the passing thereof, and from thence to the end of the next session of the General As¬ sembly, and no longer.* A.n Act to render easy the mode of conveying lands, and for making valid, all deeds and conveyances heretojore that may be deficient in yoint of form, f—Approved Feb. 22, 1785. Vol. I. 115. Whereas, many deeds of bargain and sale, and other deeds of feoffment or conveyance, have been made, which have not been en¬ rolled, or livery and seisin had, or may be deficient in point of form, when it was the legal intent of the party to sell and lawfully convey the same: of°land al&C' ^EC* ^ ^ en(lCie^i $%C' That 110 deed of feoffment, bar- ready made gain and sale, and deed of gift, or other conveyance of lands or ten- asWe forset ements whatsoever, heretofore made, shall be impeached or set aside or™nroi-form i*1 anY Courts of Law or Equity for want of form, or livery and mem. seisin, or enrolment, or for any other defect in the form, or in the manner of the execution of any such deeds or conveyances, either in the first deed, or in any of the mesne conveyances derived therefrom, so that the right were and would have been in the person or persons conveying, if such defects had not happened in such con¬ veyance, or in the manner of the execution of the same as afore¬ said. 14. Sec. II. And to the end that such evils may be remedied in future, feed"^ fn lt enacle(^ 4*6'- That all deeds of conveyances, by way of bar- future. gain and sale, bona fide, of lands or tenements, and executed under nessesT " hand and seal in the presence of two or more witnesses,J and a val¬ uable consideration paid, that are proved or acknowledged before a Justice of the Peace, ]<§> or before the Chief Justice, or one of the Recorded in assistant Justices, and the said deed is registered by the,Clerk of the offlctssln Court in the County where such lands or tenements lie, in a book 12 months, py pim t0 ]tept for that purpose, within twelve months|| from the date of such deed,|for which he shall receive four pence per copy sheet of ninety words ; then, and in that case, such deed of convey¬ ance by way of bargain and sale shall be, and the same is hereby * Revived and perpetuated by Act of 1784, title " Laws," sec. 2. I See sec. 4, of this title. J As to deeds attested by a single witness, being a Justice of the Peace or Clerk, see sec. 21, this title, and note thereto. §See Act of 1837, sec. Ill, sec. 32 of this title. ||Time extended whdre a failure to record, by several Acts, until by Acts of 1837 and 1839, deeds may be recorded at any time ; see sec. IY of the Act of 1837, as to the ef¬ fect of a failure to record within twelve months, sec. 46 of this title. [1.] If the acknowledgment is without date, it will be presumed to be-at the time of the execution of the deed. 1 Kelly, 3. CONYEYANCES AND REGISTRY—1785. 165 Relinquishment of dower—Specialties and powers of attorney made in other States. declared to be good and valid in Law and Equity, according to the true intent, construction, and meaning thereof: Provided, neverthe¬ less, that nothing herein contained shall extend, or be construed to extend, to prevent any person or persons, who shall prefer the former mode of conveyance by way of lease and release, from using the same, or in the least to impeach or discontinue that form of convey- .ance, where the same shall be preferred by the parties contracting as aforesaid, on condition only that the said deeds of lease and release hereafter to be made, be duly registered in the County where the lands lie, within one year from and after the date of such deeds. 15. Sec. III. And in case of dower, Be it further enacted, That any such deed of conveyance of lands or tenements, in which a er. feme couvert may be interested, by dower or otherwise, and that such feme couvert doth voluntarily with her husband agree, and sign, seal and deliver, before lawful evidehce, such deed of conveyance of any lands or tenements as aforesaid, and also before the Chief Justice, or any Justice of the Peace, on private examination, doth acknowledge and agree that she did,, of her own free will and accord, subscribe, seal and deliver the said deed, with an intention thereby t'o renounce, give up, and forever quit claim to her right of dower and thirds of, into and to the lands or tenements therein mentioned, then, and in that case, such deeds of conveyance, or bargain and sale, of lands and tenements, shall be held, deemed, and considered, according to the construction and meaning thereof, to be good and valid in Law and Equity, and shall be, and is hereby declared to be a free, full and absolute renunciation of dower and thirds, any law, usage, or custom to the contrary notwithstanding.* 16. Sec. IY. All bonds, specialties, letters of attorney, and other row spo- • *'''* cialties and powers in writing, which shall be produced in ally Court, or before powers of any Justices in this State, the execution whereof being proved by madTfn oth- one or more of the witnesses thereunto, by affidavit or solemn affirm- ,o be1 proven5 ation in writing, before any Governor, Chief Justice, Mayor or otherin thls- Justice of either of the United States, where such bonds, letters of attorney, or other writings are or shall be made or executed, and ac¬ cordingly certified and transmitted under the common or public seal of such State, Court, City, or place, where the said bonds, letters of attorney, or writings are proved, shall be taken and adjudged as sufficient in law as if the witnesses therein named had been present ; and such certification shall be sufficient evidence to the Court and Jury for the proof thereof: Provided, that in every such affidavit or affirma¬ tion, there shall be expressed the addition of the party making such affidavit or affirmation, and the particular place of their abode. 17. Sec. Y. All sales or conveyances of lands, tenements, here- saiesofiand by letters of ditaments, which shall hereafter be made by virtue of any letters or atcy duly powers of attorney, duly executed, which do or shall expressly give ciared^'he power to sell all lands or other estates, and be certified to have been val,d inraw- proved as aforesaid, or shall be proved in this State before any Justice of the Peace by one or more of the witnesses thereunto, shall be good and effectual in law, to all intents, constructions, and purposes *See sees. 5 and 6 of this title, and notes thereto. 166 CONVEYANCES AND REG [STRY—1785- 88. ___ Papers lost during the v.ar—Time for recording deeds extended. whatsoever, the same as if the said constituent or constituents had, by their own deeds and conveyances, actually and really sold and tf made conveyed the same : Provided, always, that no sale of lands made tice o" revo-by virtue of such power or powers of attorney or agency, as alcre- priornto°the said, shall be good and effectual, unless such sale be made and exe- deatbofthe cuted while such powers are in force, and all such powers shall be constituent. t -> r 11 accounted, deemed, and taken to be m force, until the attorney or agent shall have due notice of a countermand, revocation, or death of the constituent. establish- 18. Sec. VI. It shall and may be lawful for any person or per- jjerslost dur- sons, whose titles, bonds, notes, books of accounts, receipts, and pa- ing theww. pers touching his, her, or their estate and property, may have been lost or destroyed during the late war, who shall produce a paper writing, purporting to be a copy or as near a copy of the original paper so lost or destroyed as aforesaid, with full or circumstantial proof of the substance thereof, and of his, her, or their title thereto, and shall lodge the same in the office of the Clerk of the County where such person resides, or where the land in question is situate, and shall notify by public gazette of this State, that such person or persons intends to establish such deed or paper, that then it shall and may be lawful, and in case no sufficient objection shall be made, for the Superior Courts in each County to establish the title and right of such person or persons to the property alluded to, by the testimony and papers offered to the said Court, and be deemed as good evidence in law, so far as to give the party applying a good right and title, until a better shall appear and be made out to the satisfaction of the Court and Jury within the time limited by the Act of limitation.* An Act to extend the limitation of actions, and for other purposes therein mentioned.—Approved Feb. 1, 1788. Vol. I. 36. f Sec. I. [Temporary.] And whereas, the time limited in an Act entitled " an Act to ren¬ der easy the mode of conveying lands, and for making valid all deeds and conveyances heretofore that may be deficient in point of form," and for other purposes therein mentioned, has not allowed sufficient time for some of the purposes for which it was intended: 19. Sec. II. Be it enacted, fyc. That no deed of feoffment, bar¬ gain and sale, lease and release, or other conveyance of lands and tenements, bona fjde, executed as directed by the said recited Act, shall in any wise be affected by reason of the same not being regis¬ tered or recorded in the respective offices where the lands lie, agree¬ ably to the said Act; but that every person or persons shall, and he or they hereby "have full liberty and power to register or record his, her, or their deed or deeds of conveyance of lands and tenements aforesaid, at any time within the term of two years from the date hereof; and the said deeds so registered or recorded as last aforesaid, are hereby declared to be good and valid in Law and Equity, accord Time for re¬ cording deeds ex¬ tended to 1st Feb. tm *As to mode of establishing lost papers, see " Judiciary." CONVEYANCES AND REGISTRY—1790-1812. 167 No entails—Deeds attested by one witness. ing to the true intent and meaning thereof, any thing in the before mentioned Act notwithstanding.* An Act to amend, explain., and continue the u Act for regulating the Judiciary Department of this State.'''1—Approved Dec. 9, 1790. Vol. I. 37. Sec. XIV. The " Act to extend the limitation of actions, aiidAndto lst for other purposes therein mentioned," passed at Augusta the first Feb. 1793. day of February, 1788,. be, and the same is hereby revived and con¬ tinued until the first day of February, 1793, and no longer.* [All the remainder of this Act repealed by the Judicial Act of 1792. Watk. 492.] An Act to carry into effect the 6th Sec. 3d Art. of the Constitution, Sfc- and toprevent entails.—-Approved Feb. 16, 1799. Vol. I. 219. 20. Sec. V. Estates shall not be entailed.f1 [For the remainder of this Act, see Executors, Administrators, es^aH &c. sees. 1, 2, 3, 73.] tai,ed- An Act to amend and explain an Act entitled u An Act to legalize and make valid certain acts of Sherifs and Clerks, and to regu¬ late the admission of evidence in the several Courts of Law and Equity in this State, so far as relates to certain papers."—Ap¬ proved Dec. 15, 1810.J This Act approved Dec. 10, 1812. Vol. III. 292. Whereas, the before-recited Act does not sufficiently provide for all the cases for which it was intended; and whereas, there is of record in this State, a number of deeds of conveyance which are only attested by one witness, and. who has subscribed the same as a Justice of the Peace, and also a great number which have been pro¬ ven before a Clerk of the Superior Court, who has subscribed him¬ self as Justice ex officio, or as Clerk in his official capacity in the re¬ cess of the Court. And whereas, doubts have been entertained as to the propriety of admitting such deeds as evidence in the several Courts of Law and Equity in this State, 21. Be it enacted, Sfc. That where any deed of conveyance has Deeds attest been attested by one Justice of the Peace or a Clerk of the Supe- witness0"? rior Court, and recorded in the time prescribed by law, the same.shall madelralud. be admitted as evidence in any of the Courts of Law or Equity in *By Acts of 1837 and 1839, the time is extended indefinitely, see sects. 45, 50. fThis provision wras included in the Constitutions, both of 1777 and 1789, but omit¬ ted in that of 1798. Words which would create an estate tail, vest a fee simple—see Act of 1821, sec. 24 of this title. JFor this Act see title " Evidence," 4 to 7. By the second section all deeds, mort¬ gages, &c. enrolled by deputy clerks and certified by them, are admissible in evidence ; see also " County officers," sec. 20. fl.] See Choicer. Marshall, 1 Kelly, 97. 3 Kelly, 551. 168 CONVEYANCES AND REGISTRY—1818-T9. Assignment in fraud of creditors—Registry of bills of sale. this State, and as such submitted to the Jury, any law, usage, or cus¬ tom to the contrary notwithstanding.* An Act to prevent Assignments, or transfers of property, to a por¬ tion of creditors, to the exclusion and injury of the other creditors, oj persons who fail in trade, or ivho are indebted at the time oj such assignment or transfer.— Approved Dec. 19, 1818. Vol. III. 248. Whereas, a practice of selecting particular creditors by assignments and transfers of property, made by persons indebted, and thereby ex¬ cluding or defrauding other bona fide creditors of their just claims on the estate of insolvent debtors, is contrary to the first principles of Equity and Justice ; to prevent the mischief thereof: Assignments 22. Be it enacted, Src. That any person or persons, unable to ot property • . to some pay his, her, or their debts, who shall at any time hereafter make preference" any assignment or transfer of real or personal property, stock in trade, daPedvofd."debts, dues, or demands, in trust, to any person or persons, in satis¬ faction or payment of .any debt or demand, or in part thereof, for the use and benefit of his, her, or their creditor or creditors, or for the use- and benefit of any other person or persons, by which any creditor of the said debtor shall or may be excluded from ap equal share or portion of the estate so assigned or transferred, such assign¬ ment, transfer, deed, or conveyance, shall be null and void, and con¬ sidered in Law and Equity as fraudulent against creditors.f Provi- rroviao. ded, nevertheless, that nothing contained in this Act, shall prevent any person or persons in debt, from bona fide and absolutely selling and disposing of any part or the whole of his, her, or their estate, so the same be free from any trust for the benefit of the seller, or any person or persons appointed by him, her, or them.1 An Adt to regulate the admission of evidence in certain cases, <§*c., and to provide for the recording of conveyances of personal proper- ty.—Approved Dec. 21; 1819. Vol. III. 300. auconvey- Sec. I. II. [For these sections, see title "Evidence," sees. Alices of per- /-»o 4 ~i sonalty duly /44r. J may'bere- Sec. III. All conveyances of personal property duly executed, corded, anq bearing date after the passage of this Act may be recorded, and *See Acts of 1841 and 1850, as to deeds attested by Clerks of Superior and Inferior Courts sects. 57, 65, 69, of this title. +As to assignments by Insolvent Sanks, see " Penal Code" 6, Div. sec. 134. [1.] A bona fide conveyance in payment of a pre-existing debt, free from any trust, is not void under this Act. 1 Kelly, 157, 204. A mortgage bona fide is not obnoxious to this Act. 1 Kelly, 176. But an assignment in trust for the benefit of a portion of the creditors is void, 3 Kelly, 146. 7 Ga. 267. An assignment to a surety bona fide, who has assumed the payment of the debts is valid. 5 Ga. 555. After a void assignment is made, a mortgage bona fide is valid. 7 Ga. 275. CONVEYANCES AND REGISTRY—1821-23. 169 Construction of conveyances—Gifts, grants, bequests, &c. shall be admitted as evidence under the same rales and regulations t^nev!-" as govern in cases of real property.* dence- An Act explanatory of the 5th section of an Act passed Feb. 16, 1799, entitled u An Act to carry into effect the sixth section of the third article of the Constitution ; and to amend an Act to carry into ef¬ fect the sixth section of the fourth article of the Constitution, touch¬ ing the distribution of intestates' Estates, directing the manner of granting Letters of Administration, Letters Testamentary, and Marriage Licenses, and to prevent entails and to alter the rules for construing conveyances generally.—Approved Dec. 21, 1821. Vol. IV. 206. 24. Whereas,, doubts have arisen as to the true and proper con- Preamble struction of the fifth section of the above-recited Act, it having been held by some that all conveyances in fee tail are rendered ab¬ solutely void by said section, and by others that such conveyances vest a fee-simple estate in the person or persons to whom they are executed, and .again by others that they vest only' a fee conditional in common law ; and whereas, it is proper that all doubts upon the subject should be immediately removed; and whereas, the intention ' of parties to contracts and conveyances is often defeated, and great injustice done by construing the same according to the rules that now prevail; for remedy whereof, Sec. I. Beit enacted, Src. That all gifts, grants, bequests, de-Gifts, grants, j /■ , • i i . ii bequests,&c. vises and conveyances of every kmd whatsoever, whether, real or in tan to vest personal property, made in this State, and executed in such manner, utie.e sl!nple or expressed in such terms, as that the same would have passed an estate tail in real property by the statute of Westminster second (commonly called the statute de donis conditionalibus,) be held and construed to vest in the person or persons to whom the same may be made or executed, an absolute unconditional fee-simple estate.1 25. Sec. II. All gifts, grants, feoffments, bequests, devises, and conveyances of every kind whatsoever, of real or personal property, de(feas^' the hereafter made or executed within this State, shall be held and con- grantee, &c. strued to vest in the person or persons to whom the same are made simpie.fee or executed an absolute unconditional fee-simple estate, unless it be otherwise expressed, and a less estate mentioned and limited in such gift, grant, feoffment, bequest, devise, or conveyance. Sec. III. All laws or parts of laws, militating against this Act ^pealing are hereby repealed. * An Act to authorize the admission of certain documents therein mentioned, as evidence in the several Courts of this State.—Ap¬ proved-Dec. 20, 1823. Vol. IV. 213. 26. From and after the passing of this Act, all deeds of convey¬ ance, mortgages, and other instruments of writing heretofore proved ♦See Acts of 1837 and 1839, sects. 32, 49, of this title. [1] See Kelly, 97- 2 Kelly, 116. 3 Kelly,-551. 4 Ga. Rep. 52. 7 Ga. 76, 538. 22 170 CONVEYANCES AND REGISTRY—1823-'26. Registry without signature of witnesses—Record of deeds—Dower. aii instru- by a subscribing witness or witnesses to the same, before any Judge writing of the Superior Court, assistant Justice, Justice of the Inferior proved and Court, or Justice of the Peace, shall, if the witness or witnesses Provmg die same has not subscribed his, her, or their name or names davit not to the probate or affidavit made before such Judge of the Superior signed by . . . . . the witness, Court, assistant Justice, Justices of the Inferior Court, or Justice of dence.beevl the Peace, of the execution of the deed of conveyance, mortgage, or other instrument of writing,* and which shall have been duly recorded, be held, deemed, and considered as legal and valid to all intents and purposes, and admitted in evidence in any Court of Law and Equity in this State, as if the said probate and affidavit had been subscribed by the witness or witnesses proving the same; any Proviso. law, custom, or usage to the contrary notwithstanding ; Provided, that nothing in this Act shall be construed to divest, or in any man¬ ner to affect any right which may have been vested or accrued by [before] the passage of this Act. An Act to admit certain deeds to record, and to authorize the same, or copies thereof, to be read in evidence, aitd also the copies of certain other deeds.— Approved Dec. 23, 1826.f Vol. IV. 217. Deeds for 27. From and after the passing of this Act, all deeds for lands ^dih(m''h1 which may have been recorded upon the lawful affidavits of two or not within more subscribing witnesses, or by being subscribed and witnessed by the time . ~ * j o j prescribed one or more witnesses and a Notary Public, Judge of the Superior ience?'ev' Court, Justice of the Inferior Court, or Justice of the Peace, but not recorded within the time prescribed by the laws of this State, shall copies may be admitted in evidence without further proof; and when the origi- be read. najg arg |osj Qr destroyed, and that being made judicially known to the Court, copies of the same may be introduced and read in evi¬ dence on any trial before any Court of Law or Equity in this State.! deeds not 28. Sec. II. All deeds executed and proved according to the yet recorded, iaws 0f ^is State, but not yet recorded, may nevertheless be recorded may be re- , n n corded with- within twelve months from the passage of this Act, upon the usual months. pf oof [of] their execution ; and when so recorded, the same, or copies thereof, may be read in evidence without further proof. § repealing Sec. III. All laws and parts of laws militating against this Act clause. are hereby repealed. An Act to amend an Act entitled an Act to enable Feme Coverts to convey their Estates, and. for confirming and making valid all Conveyances and Acknowledgments heretofore made by Feme Coverts, passed the 2Ath of April, 1760, so far as the same relates *See Acts of 1838 and 1841, sects. 48, 56, where witness dies before probate. tRevived by Act of 1834, sec 42. jSame provision as to bills of sale; see Acts of 1845, see. 61 of this title. §E:ctended without limit as to time by Act of 1837 and 1839 ; see sees. 45, 49 of this title. CONVEYANCES AND REGISTRY—1826-'27. 171 Dower—Time and place of recording mortgages. to Feme Coverts conveying their Dower.—Approved 23,1826. Vol. IV. 217. 29. Whereas, the before recited Act, in order to enable the hns- preamble, band to convey the entire interest which he has in lands and tene¬ ments, requires that the wife, by her own free consent, become a party in the deed of conveyance with her husband, and make, sign, seal, and deliver a formal relinquishment of her interest [of] dower in and to the premises therein described ; for remedy whereof, Be it enacted, That from and immediately after the passing of ^ft"^st"ot this Act, all. conveyances of lands and tenements made by the hus- dower in band* alone during the coverture, shall be legal and valid, and effectu- the?/bus- ally convey th^ entire premises therein described, except such lands ?e"?d dur as the husband may have become possessed of by his intermarriage jngc°ve«- with said feme covert; any law, usage, custom, or rule of Court to Exception the contrary notwithstanding ; Provided, that nothing herein con- Proviso, tained shall prevent the widow from her right to dower in all lands of which her husband may have died seized and possessed. Sec. II. [Re-enacted. See " Executors, Administrators, &c." sec. 30.] Sec. III. So much of the above recited Act as militates against this is hereby repealed. An Act to provide for the recording of Deeds of Mortgage upon real andpersonal property within this State, and to define the lien of the same; and also to amend an Act entitled 11 an Act to ad¬ mit certain Deeds to record, and to authorize the same or copies thereof to be read in evidence, and also the copies of certain other Deeds f and for other purposes.—Approved Dec. 26, 1827. Vol. IV. 221. Whereas, it is doubted if there be any law of force in this State Preamble, requiring deeds of mortgage to be recorded; and whereas, such a law is highly necessary for the prevention of frauds and oppression ; for remedy whereof, 30. Be it enacted, That all deeds of mortgage1 upon real property ^r]g"/es which have been heretofore executed shall, after having been proved, to be record- ed in twelve as in case of deeds of Teal property, be recorded in the Clerk's office months from of the Superior Court of the County in which such real property a/?0 thls may lie, Within twelve months after the passing of this Act; and on personai- that all deeds of mortgage upon personal property which have been ed']?d pr°v heretofore executed, shall be proved by the affidavit of the subscrib- corded/6 ing witness, and recorded in the Clerk's office of the Superior Court of the County in which the mortgager shall have resided at the time of the making of the same, or if he be dead, in the County *Or by the Sheriff or other legal officer; see sec. 59. See "Insolvent debtors," sec. 33, as to conveyance of land exempt from levy and sale. [1.] A mortgage in Georgia is merely a security for the debt; the title remains in the mort¬ gager. 1 Kelly, 176, 572. 7 Ga. Rep. 183. 172 CONVEYANCES AND REGISTRY—1827. Time and place of recording mortgages—Mode of probate—Mortgage made ont of State. where his legal representatives reside at the time of recording the same ; or if there be 110 legal representatives in the Comity where the mortgager last resided previous to his death, within twelve Proviso. months after the passage of this Act; Provided, that nothing herein ah existing contained shall be so construed as to require mortgages which have records of aiready been recorded to be again recorded, but the same shall be mortgages J • o ? legalized, held and deemed to be legally recorded, and admitted in evidence if the wit- under the laws now in force in this State; and provided also, that nesses are . . . ' x r ' dead or re- it the witnesses to any mortgage are dead, or removed from the inland-r°°f County, then the same may be recorded upon the affidavit of one or wrmng. more persons who are acquainted with the hand-writing. Future 31. Sec. II. All deeds of mortgage upon real property hereafter ready ofpcrft° be made, shall be proved in the same way as is above required by bcfrecorded ^ie ^rst section of this Act for the proving of mortgages of real es- froni'da'te'5 tate' anc^ shall be recorded in the Clerk's office of the Superior Court of the County in which such real estate shall lie, within three months from the date of such deed ; and that all deeds of mortgage upon per¬ sonal property hereafter to be made, shall be proved in the same manner as is provided in the first section of this Act for the proving of like deeds heretofore made, and shall be recorded in the Clerk's office of the Superior Court of the County in which the mortgager resided at the time of the execution of the said mortgage, within three months after the date of such mortgage.* now an fu- 32. Sec. III. Every deed of conveyance or mortgage of either turc deeds and inort- real or personal property hereafter to be made, may, upon being ex- begadmiteted° ecuted in the presence of, and attested by a Notary Public, Judge of to record. tjie gUperjor Court, Justice of the Inferior Court, or Justice of the Peace, (and in case of real property, by one other witness,) be ad¬ mitted to record and made evidence in the different Courts of Law and Equity in this State, as though the same had been executed, proved, and attested as heretofore required by the laws ot this State in case of deeds of real property. mortgages'1 Sec. IV. Upon failure to record any mortgage, as hereinbe- Imn their^ f°re required, within the time or times hereinbefore specified for re¬ cording the same, that then and in such case all judgments obtained before the foreclosure of the said mortgage, and also any mortgage executed after the same, and duly recorded, shall take lien on the said mortgaged property in preference to the said mortgage.1 34. Sec. V. And whereas, personal property is frequently mort¬ gaged while beyond the limits of this State, which property, so mortgaged, is afterward brought within the limits of this State, be¬ fore the debt for which the same was pledged is satisfied ; Be it ofpcSmaity therefore enacted, That in cases of mortgages of personal property, made out of executed when the said property so mortgaged is beyond the limits when and of this State, and which property shall be afterward brought within recorded! be the limits of this State, such mortgages shall be recorded within six months after the said property shall be so brought in, in the office of *For mode of foreclosing mortgages, see " Judiciary," sees. 358, 359. [1.] A junior mortgagee with notice of the older mortgage gains ne preference. 4 Ga, Rep. 161. CONVEYANCES AND REGISTRY—1827-'29. 17a Mortgage made out of the State. the Clerk of the Superior Court of the County where the person so bringing the said property shall first establish his residence. 35. Sec. VI. If the holder of any mortgage of property, so or lose their brought into the State, shall fail to record his mortgage at the place ien* and within the time specified in the preceding section for the record¬ ing the same ; then and in such case any and all judgments which shall have been duly obtained against the said mortgager, before the foreclosure of such mortgage, shall be entitled to take, lien on the said mortgaged property, prior to the said mortgage ; Provided, that if the said mortgagee or his assignee, or the legal representatives of such mortgagee or assignee shall, on foreclosure of the said mortgage, make affidavit before the Judge or Justice granting such foreclosure, that he was the holder of the said mortgage at the time of the re¬ moval of the said property into this State, and that he didnot know, ™®sa°ath before the expiration of the time fixed as aforesaid for recording want of .uch mortgages, that the said mortgaged property had been removed ivithin this State ; or if the said debt be not due, and the mortgagee, )r his legal representatives, or assignee, shall make a like affidavit >efore a Judge or Justice as aforesaid, and place the said mortgage md affidavit together on record in the proper office hereinbefore pecified; then and in such case, the said mortgage shall be consid¬ ered and taken from that time to have and be entitled to the same ien as if. the same had been duly recorded. 36. Sec. VII. All deeds of land which may have been recorded deeds of on the oath of one or more of the subscribing witnesses, or if sub- iTon'the"1" scribed by two or more witnesses, one of whom attested the same "f^ore °0nfe as a Judge of the Superior Court, Justice of the Inferior Court, fhe sul?scrib- o x i / iug witness- Justice of the Peace, or Notary Public, shall have been recorded in es, &c. ad- their official attestation ; such deeds, though not recorded within the idance, &c. time prescribed by law, shall be admitted in evidence in the same manner as deeds which have been duly recorded ;* and when the originals of such deeds are lost or destroyed, and that fact is made known to the Court, the copies of such deeds, taken from the record, • and duly attested by the person having the custody of the same, may be read in evidence before any Court of Law or Equity in this State. 37. Sec. VIII. And he it further enacted, That all deeds, other J^®otbor than mortgages, executed and proven, as stated in the preceding gages, section, but not recorded, may be recorded within twelve months from the passage of this Act.f An Act to authorize the appointment of Commissioners out of this State to take the Acknowledgments of Deeds and other instru¬ ments of writing under seal, and to admit the same to record in this State ; and also to take Affidavits.— Approved Dec. 22, 1829. Vol. IV. 225. 38. The Governor of this State be, and he is hereby authorized * See Acts of 1826 and 1837, sec. 27, 43 of this title. Also,^Act of 1845, sec. 61. illy Acts of 1837 and 1839, may be vet. rded at any time. Sec. sees. 45, 49 of this itle. 174 CONVEYANCES AND REGISTRY—182<>-'33. Commissioners to attest deetls and administer oaths—Deeds of Academy Commissioners. orheaut!md"-to name> appoint, and commission one or more Commissioners in edtommii- each or such of the other of the United States, or the Territories commission thereof, or the District of Columbia, as he may deem expedient ; commission- which Commissioners shall continue in office during the pleasure of ofthe'stiues, the Governor, and shall have authority to take acknowledgments and ortiieDif' Pro°f t'1G execution of any deed, mortgage, or other conveyance trict of Co of any lands, tenements,- hereditaments, or other property lying and take the ac- being in this State, and of any contract, letter of attorney, or any n'ent ofS other writing under seal, to be used or recorded in this State ; and Toc.mdnue such acknowledgment or proof taken or made in the manner directed the'pieasure laws of this State, and certified by any one of the said com- of the gov- missioners, before whom the same shall be taken or made under his writing or 1 seal, which certificate shall be indorsed 011 or annexed to the said beCrccorded,' deed or instrument aforesaid, shall have the same force and effect, &c- and be as good and available in law for all purposes, as if the same had been made before a Judge or Justice of the Peace in this State, such com- 39 gEC> II. Every commissioner appointed by virtue of this Act rnissioner J 1 r 1 r» authorized shall have full power and authority to administer an oath or affirma- an"oath, &c. tion to any person who shall be willing and desirous to make such oath or affirmation before him ; and such affidavit or affirmation made before such commissioner shall and is hereby declared to be as good and effectual to all intents and purposes as if taken by any Magistrate resident in this State, and competent to take the same.* every such 40. Sec. III. Every commissioner appointed as aforesaid, before e" required"" he shall proceed to perform any duty under and by virtue of this oath.ke an Act, shall take and subscribe an oath or affirmation before a Judge of one of the Superior Courts of the State in which such commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner under and by virtue of the laws of Georgia; Th°>ub- which oath or affirmation shall be filed in the office of the Secretary thereof. of State of this State. Repealing Sec. IV. All laws or parts of laws militating against this Act are clause. hereby repealed. An Act to make valid certain deeds, 6fc.—Approved Dec. 23, 1833. Pam. 81. Sec. I. [Private.] sales and 41. Sec. II. All sales made by the commissioners of the several Acaliemv County Academies in this State, shall be held, deemed, declared and coiTimiss'rs considered valid, and that all deed or deeds, made and executed by a declared . • i •• - - -\ valid. majority of said commissioners, conveying a title to any tract or tracts, parcel , or parcels of land, by them sold to a bona fide purchaser, which said commissioners or their agents may have heretofore purchased at the sales of confiscated property, shall be held, deemed, declared and considered valid to all intents and purposes, and that the same shall be read in evidence in any Court of Law and Equity in this State, any law, usage or custom to the contrary notwithstanding. ♦See "Attachment and Oarnishmen'-'<5. CONVEYANCES AND REGISTRY—1834-'37. 175 Time of registry extended—Registry of deeds—Preference among deeds. An Act to revive and continue in force " an Act to admit certain deeds to record, and to authorize the same, or copies thereof to be read in evidence, arid also the copies of certain other deeds, as¬ sented to the 23d of December, 1826."*—This Act approved Dec. 20, 1834. Pam. 94. 42. From and after the passing of this Act, the Act above recited be, and the same is hereby revived. Sec. II. All deeds executed in the manner pointed out by the unrecorded foregoing recited Act between the limitation of the same and the balconied passage of this Act, shall be on the same footing as those therein re- i835?ec"20' cited; arid that the aforesaid Act, so revived, shall be and remain in full force and virtue for twelve months from the passage of this Act. f An Act to admit certain Deeds to be recorded and read in evidence ; and also to prescribe the effect of certain other Deeds.—Assented to Dec. 25, 1837. Pam. 91. 43. Sec. I.- Be it enacted, That from and after the passing of ^oer^sdr®- this Act, all deeds for lands which may have been recorded upon the not in time, usual proof of execution, but not recorded within the time prescribed dence.6'1" by the laws of this State, shall be admitted in evidence, without further proof; and when the originals are lost or destroyed, and that being made judicially known to the Court, copies of the same may Certified be introduced and read in evidence, on any trial before any Court of Law or Equity in this State .J 44. Sec. II. All deeds executed, according to the laws of this Time for re- State, but not yet recorded, may nevertheless be recorded within temilT'one twelve months from the passage of this Act, upon the usual proof ofyear' their execution ; and when so recorded, the same or copies thereof, when the originals are shown to be lost or destroyed, may be read in evidence without further proof. § 45. Sec. III. All deeds conveying lands hereafter executed, upon oeed9 may being attested or proved in the manner required by the laws of this at anyone. State, shall be admitted to record, at any time, and after being re¬ corded, shall be received in evidence in any Court of Law or Equity, without further proof of the execution thereof. 46. Sec. IV. In all cases where two or more deeds shall hereafter be iftwo deeds executed by the same person or persons, conveying the same premises whin each to different persons, the one recorded within twelve months from thesluU1 take* time of execution, (if the feoffee have no notice of a prior deed, un¬ recorded at the time of the execution of the deed to him or her,) shall have preference ; and if all be recorded, or not recorded within said time, the eldest deed shall have the preference. || * For this Act, see sec. 27 of this title. fExtended indefinitely by Acts, of 1837 and 1839 ; see sees. 45-49. JSee sees. 32-49 of this title. ^Extended indefinitely by Act of 1839, sec. 49. ||See Act of 1827, sec. IV and note thereto, sec. 33 of this title. CONVEYANCES AND REGISTRY—1S3S. Parol gifts of slaves—When witness is dead, how recorded. Sec. V. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to prescribe the mode of making gifts of slaves.—Assented to Dec. 29, 1838. Pam. 107. no gift of 47. Sec. I. Bt it enacted, That no gift of any slave or slaves ag^i^med-hereafter to be made, shall be good or available in Law or in Equity chasers,pur against the creditors of the donor, or subsequent purchasers from him, wntinVnand without actual notice, unless the same be made in writing, signed and recorded, sealed by the donor, attested by at least one subscribing witness, and shall be proved or acknowledged, and be recorded within twelve cal¬ endar months from the execution thereof.1 Sec. II. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to admit certain Deeds, Mortgages, and Bills of Sale, to be proven and recorded, and to admit them or their copies in evidence hi the Courts of Law or Equity in this State.— Assented to Dec. 31, 1838. Pam. 94. when wit- 48. Sec. I. Beit enacted, That from and after the passing of deed,t0mort- this Act, that whenever any person, or body politic or corporate, may of1"saic If1 any deed, mortgage or bill of sale, purporting to have been llr'n'co-dcd' signed in the presence of a witness or witnesses, according to the on proof of' requisitions of law, and the said subscribing witness or witnesses shall of wit'nessel; have departed this life,* before the said deed, bill of sale, or mort- and maker. gage? shall have been proven; that then and in that case, it shall and may be lawful for the holder of said deed, mortgage, or bill of sale, to prove the same by proving the hand-writing of the witnesses who may have attested the same, and the hand-writing of the maker of said deed, mortgage, or bill of sale, by affidavit in writing to be at¬ tached thereto, which said affidavit shall be taken before a Judge of the Superior Courts or Justice of the Inferior Courts of this State, and the same so proven and recorded shall be admitted in evidence in any Courts of Law or Equity in this State, under the same rules - i law by which they would have been subject if recorded in due time of law. [Proviso repealed by Act of 1850, sec. 67.] Sec. II. All laws or parts of laws militating against this Act be, and the same are hereby repealed. An Act to continue hi force the second, section of an Act passed on thf 25 th December, 1837, entitled an Act to admit certain Deeds to be recorded, and read in evidence ; and also to prescribe the ^Extended, see sec. 56. [1 ] As to parol gifts, see 1 Kelly, 593 3 KJhj, 513. CONVEYANCES AND REGISTRY—1839. 177 Time extended indefinitely—Acknowledgment before consuls or vice consuls. effect of certain other Deeds ; also to authorize certain Bills of Sale to be recorded and read in evidence.—Assented to Dec. 21, 1839. Pam. 196. 49. Sec. I. Be it enactedThat the said section of said Act time for re- be, and the same is hereby continued of force without limitation as deeds exten to the time of recording the deeds therein mentioned, which were fte?y!ndefin not recorded before the passage of said Act. 50. Sec. II. All bills of sale of personal property, heretofore ah b|JJ®DfbB executed, but not recorded, may be recorded at any time after the recorded, passage of this Act, and may be read in evidence without further proof. 51. Sec. III. From and after the passage of this Act, all deeds Date of re- that have been lost or mislaid, and which have been recorded, but —copies evi- the time when they were recorded not appearing on the record, thedonce' same shall be read in evidence, without regard to the said omission. An Act to provide for the acknoioledgment and execution of Deeds of Conveyance and other instruments of writing in foreign coun¬ tries, touching property in this State.—Assented to Dec. 23, 1839. Pam. 197. 52. Sec. I. Be it enacted, That from and after the passage of^^1^ this Act, the consuls and vice-consuls of the United States, duly ap- deeds, iet- pointed and recognized, shall be authorized and empowered, as they ney,°&c. Y hereby fully are, to receive the acknowledgment in writing of citi- cVi"eUU zens of the United States, or other persons being or residing in the districts of their several consulates, of deeds of conveyance, mort¬ gage, letter of attorney, or other legal instruments whatever, touch¬ ing or affecting real estate or other property, rights or interests what¬ ever, situated, lying or being in any part of this State, belonging to the said parties in whole or in part, in their own right or as the agents of others; and that the certificates of the said consuls and Ce.rtificatc o - J evidence. vice-consuls, under their official seals shall be good and available as evidence of the execution of such deeds of conveyance or other legal instruments, which shall be altogether valid and sufficient for the purpose therein mentioned. 53. Sec. II. The said consuls and vice-consuls shall be author- ized and empowered, as they hereby fully are, to witness and take whatever, the acknowledgments of any citizen or citizens of the United States, or other persons within their consular's districts as aforesaid, of any lawful contract or engagement to be executed or have effect in this State, of whatever nature or kind which they may enter into, or form in the said district. 54. Sec. III. The consuls and vice-consuls shall be, and areor any other hereby fully authorized and empowered in like manner to witness any other lawful act in the several districts as aforesaid, on the part or behalf of citizens of the United States or others as aforesaid, which may be interesting or useful to them in reference to concerns to this 23 178 CONVEYANCES AND REGISTRY—1840-41. Tax collector's deeds—Deeds attested by Clerks. Certificates State of whatsoever descriptions, and that the certificates of the said evidence. consljs an(j vice-consuls, under their official seals as aforesaid, shall be good and available as evidence of such contracts, engagements and acts, shall be accordingly valid, and sufficient to all intents and purposes in this State. An Act to admit Tax Collectors' Deeds in evidence in certain cases therein named.—Assented to Dec. 23, 1840. Pam. 185. Tax collect- 55. Sec. I. Be it enacted, That from and after the passage of beingFdcdadhe this Act, when any party to a suit in any of the Courts of this State evidence0^ shall desire to offer in evidence in said suit a Tax Collector's deed, contents, and shall make oath that the Tax Collector who executed the same is dead or has removed to parts unknown, it shall be the duty of such Court to admit the said deed, as evidence of the facts therein set forth and contained, without further proof; Provided, the same has been duly recorded. Sec. II. [Repealing clause.] An Act to authorize certain instruments therein mentioned, to be re¬ corded and read as evidence.—Assented to Dec. 10, 1841. Pam. 140. witness 56. Sec. I. Be it enacted, That all deeds, bills of sale, and or removed,6 other conveyances heretofore or hereafter executed, when the wit- proof'of1 °n uesses, or witness to the same, are or is dead, become insane, or re- hand-writ- moved from the State, before the same are proved and recorded, may be recorded and read in evidence without further proof, upon affidavit in writing being made by some disinterested person or persons, before any judicial officer of this- State, and attached to such instrument, proving the hand-writing of the person making such instrument, and of each of the witnesses thereof. An Act. to legalize,and make valid certain acts of Clerks of the Supe¬ rior Courts of this State; and to regulate the admission of evidence in the several Courts of Law and Equity hi this State, so far us re¬ lates to certain papers; and to legalize the acts of A. V. Calvin, Deputy Sheriff of Camden County.—Assented to Dec. 10,. 1841. Pam. 140. Deeds at- 57. Sec. I. Be it enacted, That from and after the passage bf this cferks*of Act, all deeds of conveyance to lands which have been attested by infeUorta'tsd any Clerk of the Superior or Inferior Courts of this State, and which ana record- have been recorded within the time prescribed by law, the same shall ©d evidence. ' be admitted as evidence in any of the Courts of Law and Equity in this State, and as such be submitted to the Jury; any law, custom, or usage to the contrary notwithstanding.* *See sec. 21, of this title. See also Act of 1850, sec. 65. CONVEYANCES AND REGISTRY—1842-'45. 179 Fi. fa. recorded—Bill of sale. 58. Sec. II. All deeds of like character, which have not been re- ifnotrecord- corded within the time prescribed by law, the same may be yet ad-e 'may e' mitted to record, and be admitted in evidence in any of the Courts of Law or Equity in this State. Sec. III. [Local.] Sec. IV. [Repealing clause.] An Act to alter and explain the first section of an Act passed in the year eighteen hundred and twenty-six, entitled an Act to amend an Act to enable Feme Coverts to convey their estoAes, and for confirming and making valid all Conveyances and Acknowledg¬ ments, heretofore made by Feme Coverts, passed the twenty-fourth of April, seventeen hundred and sixty, so far as relates to Feme Coverts conveying their dowers.—Assented to Dec. 28, 1842. Pam. 75. 59. Be it enacted, That all conveyances of real estate, made by ® °g]^?c0® any Sheriff or other officer, in pursuance of sale made under execu- other officer, tion, other legal, process, or order of Court, in the lifetime of the owofdowerl husband, shall be as good and effectual, in bar of the right of dower, as if the conveyance were made by the husband himself. An Act to provide for the introduction in evidence of certain copy ex¬ ecutions in certain cases therein defined.—Approved Dec. 20, 1845. Pam. 37'. 60. Seg. I. Be it enacted, That the purchaser of real estate at gjn^|^er at any Sheriff's sale, either prior or posterior to the passage of this Act, sale may under execution, shall and may have the execution.under which said recorded!*' real estate has or may be sold, together with all the entries thereon, recorded in the office of the Clerk of the Superior Court of the Coun¬ ty in which said real estate may be situated, and said record of said execution may be read as competent evidence in any cause where the title of said real estate is involved, upon satisfactory evidence of copyevi- the loss or destruction of the original execution, and the Clerk shalldence- have the same fees for recording such executions, as he is now enti¬ tled to for recording Sheriff's deeds. An Act for the admission of certain evidence in cases therein nupition- ed.—Approved Dec. 27, 1845. Pam. 38. 61. Sec. I. Be it enacted, That wherever deeds or bills of sale,.Deeds and- properly executed, have been heretofore recorded in any of the offices improperly0 of the Clerks of the Superior Courts of this State, prior to any Act orl^nais iMt authorizing such record—and the original of such deed or bill of sale has been lost or destroyed—a copy thereof duly certified by the Clerk of said Court, shall be admitted in evidence, in lieu of the original, in any Court of Law or Equity in this State—any law, usage or custom to the contrary notwiths:atiding. 180 CONVEYANCES AND REGISTRY—1847-'50. Marriage settlements—Probate beibre Clerk—Deeds from other Ntnti Aii Act to require Marriage Settlements to be recorded.—Approved Dec. 30, 1847. Pam. 57. Marriage 62. Sec. I. Be it enacted, That all marriage agreements or set- ^uiements tlements heretofore executed either within this or any other State or corded in 12 Territory, where the lmsband resides within the limits of this State, months, spap pe recorded within twelve months after the passage and publi¬ cation of this Act, in the Clerk's office of the Superior Court in the County of the residence of the husband. Hereafter 63. Sec. II. All marriage agreements or settlements hereafter ™monthsth'n ma<^e c^6er in this State or any other State or Territory, where the * husband resides in this State, shall be recorded within three months from the execution thereof, in the Clerk's office of the Superior Court of the County of the husband's residence, without re- 64. Sec. III. If any such instrument be not recorded within the cord mvaiid time prescribed by this Act, the same shall not be of any force or ef- jidepurchas- feet against a bona fide purchaser without notice, or bona fide credit- wk'hout no°- or without notice, or bona fide surety without notice, who may pur¬ chase or give credit, or become surety, before the actual recording of the same. tice. An Act to authorize the Clerks of the Superior Courts to administer oaths in certain cases, and to admit to record all deeds, convey¬ ances, and other papers official, signed for that purpose by the Clerks of the Superior Courts.—Approved February 14, 1850. Pam. 70. Deeds may 65. Sec. I. Be it enacted, That from and after the passage of before"c'/erk this Act, it shall and may be lawful for the Clerks of the Superior Superior ct. Qourts to administer to any witness or witnesses to a deed, convey¬ ance, or other paper intrusted for record, the usual ,oath or affidavit heretofore administered by a Judicial officer or Notary Public, in making probate of the same to admit said papers to record.* official sig- 66. Sec. IL . The Clerks of the Superior Courts are hereby au- thoules^e- thorized to sign officially all papers intrusted for record, which shall cord. be recorded upon such signature as though signed by a judicial of¬ ficer.* An Act to extend the provisions of an Act passed on the 31 st Decem¬ ber, 1838, entitled an Act to admit deeds, mortgages, and bills of sale to be proven and recorded, and to admit them or their copies in evidence in the Courts of Law and Equity in this State, and to authorize the proof recording and reading in evidence of cer¬ tain other instruments.—Approved January 16, 1850. Pam. 150. 67. Be it enacted, That the proviso contained in the first section * lie-enacted by the same Legislature, sec. 69. CONVEYANCES AND'REGIS TRY—1850. 181 Deeds from other States—Deeds proven and executed before Clerks—Record of Probate. of said Act be and the same is hereby repealed, and that said Act Act of 1838 (other than said proviso) be and the same is hereby extended to anextende(L cases in which deeds, mortgages and bills of sale have been hereto¬ fore or may be hereafter executed, proved or recorded, as is authoriz¬ ed by said Act. ' 68. And be it further enacted, That when a deed of conveyance Deeds «/ • 7 J executed in or bill of sale has been or may be executed in another State, the other states, same may be proved by the affidavit of a subscribing witness, as in other cases, before a judicial officer of this State, and shall be record¬ ed and read in evidence without further proof. An Act to authorize certain deeds to be read, in evidence and to make legal the registry of the same.—Approved January 16, 1850. Pam. 149. 69. Sec. I. Be it therefore enacted, That from and after the deeds may passage of this Act, any deed, bill of sale, or any other conveyance meJtlu byr of real or personal property, heretofore or hereafter made, executed ^"counT according to the laws of this State, and the execution thereof has been or hereafter may be proved upon the oath of one of the sub¬ scribing witnesses before the Clerk of the Superior Court of any County in this State,1 or by him and another witness, attested here¬ tofore or hereafter recorded, may be read in evidence in any Court of this State, without further proof of execution, and that such re¬ cording of the same shall be legal to all intents and purposes.* An Act to regulate the admission of deeds in evidence in certain cases' therein mentioned.—Approved Jan. 17, 1850. Pam. 149. 70. Sec. I. Be it. enacted, That any deed or conveyance hereto-Probate not fore made of lands in this State, or which shall hereafter be made, mayyet be purporting to be duly proven, and which has been or may hereafterrBCOrded- be recorded within twelve months from its date, or within the time prescribed by law, without having the probate recorded, may at any time hereafter be again recorded with such probate in the County where the land conveyed may lie, or in the County where the deed may have been or may hereafter be first recorded ; and when so again recorded with the probate shall be admitted in evidence, and have the same lien and validity without further proof, as if the pro¬ bate had been recorded with the first record of said deed. Se"c. II.' All laws and parts of laws militating against'this Act be and the same are hereby repealed. An Act to authorize Notary Publics to administer oaths, Sgc.—Ap¬ proved Feb. 11, 1850. Pam. 331. 71. Sec. I. Be it enacted, That Notary Publics are hereby de_ •Re-enacted, see sec. 65. fl.] Otherwise before the passage of this Act. 7 Ga. Rep. -530. 182 COUNTIES—1796. Court-houses and .Tails. fo^Notarv clared competent to administer oaths as Justices of the Peace may do Public. ' in relation to the probate of deeds and other instruments, and to re-' ceive the same compensation therefor. Perjury. 72. Sec. II. Perjury or false swearing may be assigned on oaths made before Notary Publics as may now be done on oaths adminis¬ tered by judicial officers to affidavits. Sec. III. All laws or parts of laws militating against this Act, be and the same are hereby repealed. [Statutes omitted as obsolete, repealed or superseded. Provincial Act of 1763, Watkins, 86.] COUNTIES.* Sec. 1. Erection of Jails, &c. 2. Superintendence of. 3. County Funds. 4. County Taxes. 5. Tax on Shows. 6. Collection and Appropriation. 7. Extra Tax. 8. Recommendation of Grand Jury. 9. Tax Collector's duty. 10. Tax on Shows. 11. Clerk's Certificate. 12. Proceeds. Sec. 13. Violation—Penalty. " 14. Attachment. " 15. Clerk's Account. " 16. Corporate Towns. " 17. Exempted. "■ 18. Act of 1835 extended. " 19. New Districts. " 20. Alterations. " 21. Surveyor's duty. " 22. Report. " 23. Applications—when. " 24. Notice to Governor. Inferior Courts to erect and keep in re¬ pair court¬ houses and jails. An Act for building and keeping in repair the Court Houses and Jails in the respective Counties within this State, and for the sup¬ port of the Poor.—Approved Feb. 21, 1796. Vol. I. 171. 1. Sec. I. From and after the passing of this Act the Justices of the Inferior Courts of every County within this State, in their re¬ spective Counties, shall cause to be erected and kept in good repair, (or where the same shall be already built,) shall maintain and keep in good repair, at the charge of such County, one good and conve¬ nient Court house of stone, brick, or timber,1 and one sufficient jail,f *This title and the two next succeeding are so nearly allied that the Acts appropriate to each can with difficulty be distinguished. They should be consulted together. For Act in relation to bridges over streams dividing different Counties, see " Roads, Bridges, and Ferries," sec. 49. For Acts authorizing Superior and Inferior Courts to grant charters and change names in certain cases, see " Judiciary/' sec. 283. For various Acts in relation to Prison Bounds, see " Insolvent Debtors." tWhere there is no jail, see " Judiciary," sec. 85. (1.) The Justices are not liable individually on a note given for the building of a Court House. 2 Kelly, 214. If the County has an insufficient jail, the County, and not the prisoner, must pay the ex¬ penses of a guard. 9 Ga. Rep. COUNTIES—1796-1820. 183 Building and repairing—Fines and forfeitures—County tax. with the necessary apartments for the safe-keeping of criminals and debtors, well secured with iron bars, bolts, and locks; [and shall cause to be erected contiguous thereto, one pillory, whipping-post, Pillories, &c. and stocks.]* 2. Sec. II. The Inferior Courts in each County shall have full power and authority at all times to inquire into the conduct of Jailers, state of jails and the state of jails in their respective Counties, and on neglect of of jailers.uc duty to cause such Jailers to be removed, by an order to the Sheriff for that purpose ; and the said Courts shall have full power and au- And shaii is- thority to call on all persons, their heirs, executors, or administrators, tlons against in their respective Counties, who have had, or may have County [aTn'Tcoun- moneys in their hands, collected for the express purpose of building Court houses and jails, or for any other County purposes whatever ; and in case of neglect or refusal to pay the same, the said Court shall and are hereby required to cause executions to be issued for the full amount appearing to be due,f in the same manner as the Treasurer is authorized by law to issue executions against the defaulting col¬ lectors of taxes in the different Counties ; and such moneys, when collected, may be applied by such Court to the uses and purposes of building and repairing Court houses and jails. Sec. III. [Superseded by Act of 1821. See sec. 7, 8, 9, of this title.] 3. Sec. 17. All moneys that now are, or may hereafter come in- Au flnesa?d to the hands of the Clerks of the Superior or Inferior Courts, by fines ing from or forfeitures, and all money arising from the sale of estrays, are here- trays °appro- by made liable and subject to the draught, or order of the several Coun- ty Courts, to be appropriated and applied as aforesaid, either in the 'K,^s- building or repairing Court houses and jails, or to the support of the poor and building bridges, at the discretion of such Courts.]; Sec. Y. [Relates to the County of Bryan—local and temporary.] 4. Sec. YI. All laws, or parts of laws, clause or clauses hereto- ah former fore made, or such part thereof as authorize the County Courts of this county State to levy a tax for County purposes, be, and the same are herebyrepealed- repealed. Provided, that nothing in this Act contained shall extend Proviso, or be construed to extend to have operation in the County of Chatham, Chatham so as to repeal or affect any law appointing the Mayor, Aldermen of County* the City of Savannah, commissioners of the Court house and jail in the said County. An Act to impose an additional Tax on Proprietors or Exhibiters of Shoivs.—Approved Dec. 18, 1820. Yol. IY. 415. 5. Sec. I. From and immediately after the passing this Act it •Superseded by Penal Code, discontinuing these punishments. fSee "Tax," 54, 72. See further on this subject, " County Funds and Records." J Fines and forfeitures applied to pay certain costs, see " Penal Laws," 317. As to fines imposed by Courts of Inquiry, see " Militia," sec. 120. (1.) This provision unconstitutional, except as to Collectors, Receivers, or other legally appointed public monetary agents. 5 Ga. Rep. 186. 184 COUNTIES—1820-21. Tax on shows—County tax—Tax Collector's duty. m^oTe'- shall and may be the duty of the Justices of the Inferior Courts, quired to pay Justices of the Peace, and the corporation officers of all Cities, Towns. from to Tr.,, ■ i • i n $50. or Villages withm this fetate, or any one or more ol them, to exact and collect from all proprietors or exhibiters of shows a sum not ex¬ ceeding fifty nor less than five dollars for each and every day that shall exhibit shows of any kind within any corporation or County in this State.* How applied. 6. Sec. II. All sums so collected within the limits of any cor¬ poration shall be applied, by the officers of such corporation, to such purposes as they may deem proper within the limits of their official jurisdiction; and all sums so collected by the Justices of the Inferior Courts, or Justices of the Peace, without the limits of any corporation how coiiec- shall be appropriated to County purposes ; which, said fines and pen- ted' alties shall be collected in the same manner as other fines and penal¬ ties are collected under the existing laws of this State. An Act to authorize the Justices of the Inferior Court in the several Counties in this State to levy extraordinary Taxes for County purposes.—Approved Dec. 1*9, 1821. Yol. IY. 419. justice* of 7. From and after the passing of this Act, the Justices of the In- courofCmay ferior Court of the respective Counties in this State, or any three of !ales?xtia bench of Justices of the said Court in any County, shall have power, whenever in their opinion the exigencies of their respective Counties may so require, to levy upon the inhabitants of any County in which the said Justices may reside, a'.tax extraordinary of the gen¬ eral State tax, and shall be authorized to have the same collected by the tax collector for any County in which such tax may be levied by Proviso. them:j* Provided, that nothing herein contained shall he construed to authorize the Justices as aforesaid, to order any levy which shall ex¬ ceed fifty per centum^ on the general State tax annually; [Proviso, local.] iftwo-thrrds 8- Sec. II. No extraordinary tax shall be levied and collected by ry S®-Ju' tire Inferior Courts, as by this Act contemplated, unless two-thirds of mend. the Grand Jury of the (bounty shall first recommend the same at a regular term of the Superior Court. The duty of 9. Sec. III. It shall be the duty of the Tax Collector of any lectori °ol~ County in which an extraordinary tax may be levied in the manner provided in the foregoing section of this Act, upon being required to do so by the Justices of the Inferior Court, or a majority of them, to give bond and ' approved security to the Justices aforesaid, or their successors in office, in a sum not exceeding double the amount of the extraordinary tax assessed, conditioned for the faithful collection and payment of the same into the Clerk's office of the Inferior Court, there to remain subject to the order and application of the Justices of the Inferior Court for County purposes ; and the Collector shall be enti- *See Act of 1835, sec. 10 et seq.. of this title. t State tax retained for several years, see " Tax." As to fi. fa. vs. defaulting Collec¬ tor, see title "Tax," sees. 46, 72, *86, 87. % Tax for educational purposes not included, see "Academies, &c." sec. 8. Nor Poor Tax, see "Executors, &c." sec. 191. COUNTIES—1835. 185 Tax on shows. tied to the usual commission for collecting any such extraordinary ^it-0cr°IIlpen" tax to be assessed and levied as aforesaid. An Act* to assess a tax on all persons exhibiting Shows of the dif¬ ferent descriptions in the Counties of Coweta.,' Merriwether, Gwin¬ nett, and Union in this State, a.nd for other purposes therein named. Assented to Dec. 26,, 1835. Pam. 285. ( 10. Sec. I. From.and after the passage of this Act, all persons, Jhlxw°sa either owners or principal managers, wishing to introduce and exhibit shows for the sake of profit or gain, in the said Counties^ in this State shall pay the following tax, each and severally to the Clerk of the Inferior Court of each of the said respective Counties in which they may wish to exhibit: For exhibiting on horses the sum of twenty- Exhibitions five dollars ; for introducing and exhibiting animals, beasts or vermin, °^5hor5e"s or any other of the like description, the sum of ten dollars ; for ex- ^tmes &e! hibfiing in person, pictures, or fictitious.figures the sum of five dol- so¬ lars. 11. S ec. II. It shall be the duty of the ■ Clerk of the Inferior cierk interi Court of the several Counties in this State on application of any per- sues certifi- son wishing to exhibit either of the above denominated shows, and cate' oh their paying into the hands of the said Clerk the amount of tax so assessed, agreeable to the provisions of this Act, on each particular show that he may wish to exhibit, to grant said applicant a certificate in his own name, setting forth the particular description of such show so to be exhibited, under his hand and the County seal, on said ap¬ plicant paying him the sum of one dollar for his services ; and the Fee $i. certificate so obtained shall be a sufficient license for the person so applying to exhibit such show in said County and nowhere else, for the term of twelve months from the date and no longer. 12. Sec. III. The money arising, agreeable to the provisions of £™ceds this Act, shall be placed under the direction of the Inferior Court of prnted.pr° the several Counties of this State, to be appropriated one half for tire support of the poor, and the other half for building bridges and other County purposes. 13. Sec. IV. If any person or persons should exhibit either of penalty ttr ' . violation the above denominated shows, without first complying with the sec¬ ond section of this Act, he shall forfeit and pay for each and every violation of the provisions of this Act, the several sums, viz : For exhibiting on houses, the sum of fifty dollars. For exhibiting animal, double the beasts or vermin, or any thing of the like description, the sum of twen-tax" ty dollars. For exhibiting in person, pictures, or fictitious figures, the sum of ten dollars. 14. Sec. V. On oath being made by any citizen of the County onccm- where such violation of the provisions of the above recited Acts has plamt' been committed, before any Judicial officer of this State, Justice of the Inferior Court or Justice of the Peace, it shall be his duty to issue a warrant of attachment against the property and effects of the person g"a1®h.1llent so offending, or so much thereof as will fully satisfy the amount set ' ♦This Act made general, by Act of 1837, see sec. 18. 24 188 COUNTIES—1835-39. Tax on shows—Militia Districts. forth, and all cost, directed to any SheritF, Constable or their loyal deputy to execute and return the same, and it shall be tried and gov¬ erned under the provisions of the attachment law now in force in this State ; and any person so exhibiting, on being called on to show his license from under the hand of the Clerk and County seal, and failing or refusing to do so, shall be sufficient ground for any person to make oath of the violation of the true intent and meaning of the provisions of this Act, and the fine so collected, agreeable to the provisions of one half to this Act, shall one half go to the informer, and the other as above Uleinformer'provided for in the third section. cierk's ac- 15. Sec. YI. The Clerk of the said several Counties shall record count the license so granted and the different amounts received, and shall pay over all money received for granting such license to the County Treasurer, or the Clerk of the Inferior Court where there is no Coun- Treasurer's ty Treasurer, except his fee for issuing, and take the Treasurer's re¬ ceipt and record the same in his receipt book. does net cx 16. S ec. YII. Nothing herein contained shall be so construed as porations. to operate or interfere with the incorporation laws in this State. 17. Sec. VIII. Nothing contained in this Act shall be held to affect or impair the powers heretofore granted to municipal corpora¬ tions in this State, to prohibit, tax or license any of the shows or ex¬ hibitions or other matterr mentioned in this Act. Sec. IX. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to amend an Act entitled an Act to assess a tax on all persons exhibiting of Shows of the different descriptions, in the Counties of Coweta and Merriwether, and Gwinnett, and Union in this State, and fur other purposes therein named, passed on the 26 th day of December, 1835.—Assented to Dec. 25, 1837. Pam. 257. The Act of 18. Sec. I. Be it enacted, 6pc. That from and after the passage general! e of this Act, the provisions of the above recited Act shall take effect and go into operation in each and every County in this State, and become a general law, any law, usage, or custom, to the contrary notwithstanding, except that when the exhibition takes place in any incorporated Town or Village, the tax shall go to the funds of such corporation. An Act to authorize the Justices of the Inferior Court of the several Counties in this State to create and lay out any new districts, or change and alter the lines of those already laid out.—Assented to Dec. 23, 1839. Pam. 37. Justices inf. 1®. ^ec. ^ -®e it enacted, That from and immediately after the counmay passage of this Act, that whenever it shall be necessary to create and lay out any new district in any of the Counties in this State, the Justices of the Inferior Courts, or a majority of them of said County,* * At a regular term. See next Act. COUNTIES—1839-'40. 187 Militia Districts—How laid out and altered. shall proceed to appoint three commissioner*, who shall be citizens throe com- of the district from which it is proposed to create or lay out the new WIoSlorier8, district, whose duty it shall be to lay out and define the lines of said Duty and ro- district, and report the same to the next Inferior Court of said Coun- port" ty, for County purposes. 20. Sec. II. Whenever it is necessary to alter or change any of May changs the lines of the districts now organized, or to define the same, that me the Justices of the Inferior Court of the several Counties of this State, or a majority of them, shall appoint three commissioners, who shall be citizens of the districts between which the change in defining is proposed to be made, who shall proceed to lay out or define said line, and report the same to the next Inferior Court in said County, for County purposes. 21. Sec. III. Whenever the commissioners appointed as con- surveyor templated in the preceding sections of this bill, shall deem it neces- pioye J . , to their sue- er over to thcnu&uecessors nx office respectively, all the books and theboo'ks papers appertaining to their respective offices, within five days after oftiie1office, their successors are qualified. Provided, that the said Cleks shall make out and deliver to their successors in office respectively upon oath, a fair and correct schedule of all the papers relative to any un¬ finished business in their said offices respectively, in term bundles, and all other papers and hooks appertaining to said office, in good order. Sec. III. [See " County Officers," sec. 16.] * See " Counties," sec. 2, for proceeding against persons holding over County funds. See same title, sec. 10, for tax on shows. Also, the disposition of fines and forfeitures, sec. 3, and note thereto. For Act making proceeds of sales of escheats a part of the County funds, see " Escheats," 23, 24. fFor title see " County Officers," sec. 8. ^Referring to the schedule mentioned in the sections of the Act repealed, and sup¬ plied by Act of 1813. See sees. 2 and 3, this title. CT?or title sec " Countv Officer3." see. 18. COUNTY FUNDS AND RECORDS—1815-T6. 191 Record Books—Clerk's account—Defaulting Clerk. An Act to define the duty of the Justices of the Inferior Courts in regard to the Books of Record of their respective Counties ; and to define the duties of the Clerics of the Superior and Inftrior Courts, with respect to County funds.—Approved Dec. 16, 1815. Vol. III. 151. Whereas, much injury may be sustained by the citizens of this Preamble. State, from important matter being recorded on loose paper or books unbound, and subject to come to pieces in a short term of years, 4. Sec. I. Be it enacted, Ape. That it shall be the duty of the inferior Justices of the Inferior Courts, to purchase, or cause to be purchased, p""chLoha11 out of the County funds, a sufficient number of well bound blank wei'i^ound! volumes for the Clerks of the Superior, Inferior, and Courts of Or¬ dinary of their respective Counties, and that it shall be their duty to letter or cause to be lettered and indexed, said volumes, as they in their judgment may think proper, and have them immediately en¬ tered on the minutes of the Court. 5. Sec. II. The Justices aforesaid, shall, at the expiration of a schedule each year, cause said Clerks to produce a schedule of the books in books to be their respective offices, and have the same duly recorded. cordcd.ly r°~ 6. Sec. III. It shall be the duty of the Clerks of the Superior Clerks of and Inferior Courts of the several Counties in this State, to lay be- superior and ; j iiiionof fore the Inferior Court of their respective Counties, at the first annu-court shaii al session of the said Courts, a correct statement of the several sums nuiilty to the of money received for County rates or taxes, or fines, forfeitures, c"un°I impositions, license, or otherwise, in such method, as that the net proceeds of the whole revenue of such County, and the amount offunds- the several disbursements in discharge of the several demands against such County, may distinctly appear ; and if any of the said Clerks "hr|of shall divert, misapply or conceal any of the money belonging to such County, he shall forfeit and pay to, and for the use of such ment. ' County, double the money he shall be found so to have diverted, misapplied, or concealed, to be recovered before any Court having jurisdiction of the same ;* and it shall further be the duty of said o^cu^ty8 Clerks, to record such statement of County funds in proper books, ^"crded1^ to be provided at the expense of such County. An Act to compel Clerks of the Inferior Courts in this State to pay over money deposited in their hands.—Approved Dec. 19, 1816. Vol. III. 155. 7. Sec. I. From and after the passage of this Act, it shall and Justkos^of may be lawful for the Justices of the Inferior Court or a majority of court "may them, in each County, respectively, of this State, when any Clerk fgauiide- of the Inferior Court may or shall refuse or neglect to pay over any cieik"8 * See "Counties," 2. Also "County Officers," sec 38—disqualifying from office defaulters. See also, next two Acts, and " Penal Laws " sec. 141. 192 COUNTY FUNDS AND RECORDS—1820. Clerk's receipt—County funds—Clerk's account. money or moneys belonging to the County funds, deposited or paid to him for the use of the County for which he is the Clerk, to issue an execution against such Clerk and his security or securities, directed to the Sheriff, or officer authorized to execute the same, command¬ ing him to levy the same on the es,tate both real and,personal, be¬ longing to the said Clerk and his security or securities,' as the case may be, or so much thereof as will be sufficient to satisfy such ex¬ ecution and costs thereon, and such other proceedings shall be had thereon as are usual on other executions issued upon judgments. An Act to compel Clerks oj the Inferior Courts, that now are or hereaf¬ ter may be in, office, to give receipts for all sums of money bij them re¬ ceived jor County purposes ; to compel County officers to take receipts for any sum or sums by them received and paid for County purposes, and return or deliver over such receipt or receipts to the Clerk of the Superior Courts of the several Counties within a certain time; and to require the several Clbrks of the Superior Courts of this State to keep a fair and regular file and entry of the same, to be laid before their several Grand Juries whenever called for.—Approved Dec. "18, 1820. Yol. IV. 201. clerks to 8. Sec. i. From and after the 25th day of December, 1820, §'vereceipts. that it shall be the duty of all Clerks of the Inferior Courts of any County within this State,* to give a receipt or receipts for any sum or sums of money by them received of and from any officer, or other person whatsoever, for County purposes, or for moneys on any account belonging to the County. ah county 9. Sec. II. It shall be the duty of all County officers, or any paid to cicrk other person or persons who may receive any sum or sums of mon- court.enor e7 arising from the sale or sales of estrays (or other means, when such money belongs to any County1) shall pay the same over to the Clerk- of the Inferior Court of such County,f and shall take a re¬ ceipt or receipts from the Clerk of the Inferior Court of the several and respective Counties, which receipt, the officer or other person paying the money is hereby directed to demand, and the said Clerk His receipt required to give; and the officer or person paying the money and ei to superk taking the reciept or receipts, shall return the same to the Clerk of or court. pAe gUpeiqor Court of the County where the money was paid, within twenty days from the payment of the same. the clerks 10. Sec. iii. It shall be the duty of the Clerks of the Superior enterfthemd Courts within this State, to receive and keep a regular and fair file in jury.rand office, and entry in a book, to be kept by them for that purpose, all such receipts by them received, to be laid before their several Grand Juries whenever called for by said Grand Juries; any law or custom to the contrary notwithstanding. •Is not this whole Act superseded by Act of 1825, providing for County Treasurers ? fCounty Treasurer, sec. 45. " County Officers." [l.J The Governor may remit even after payment. 1, Kelly, 606. COUNTY FUNDS AND RECORDS—1823. 193 Clerk's account—Malpractice. 11. Sec. IY. For each receipt received, filed, and entered upon Hls fees* such book, the Clerk of the Superior Court of any County who may receive the same, shall receive the sum of twelve and one-half cents out of the County funds of such County where such receipt may be filed and entered in said book, and shall be allowed the same on pre¬ senting a statement of his account to the Inferior Court; and when passed by such Court the same shall be entered in the books of ac¬ count kept by the Clerk of the Inferior Court. 12. Sec. Y. For each and every neglect or violation of the fore-penalty from going Act, the party neglecting or violating the same shall upon con- §10010 *50®- viction be fined in a sum of not less than one hundred dollars, nor more than five hundred dollars. An Act to compel the ■ Clerks oj the Inferior Courts, in the several Counties in this Slate, annually, at the first term of the Superior Court, in their respective Counties, to make and exhibit to the Grand Jur-y a statement of the County funds, showing the/receipts and ex¬ penditures of their said Counties for the preceding pear.—Approved Dec. 22, 1823. Yol. IY. 112* 13. It shall be the duty of the Clerks of the Inferior Courts, in cierksofthe the several Counties in this State annually, at the first term of the emmsre- Superior Court, in their respective Counties, to make and exhibit to aliytomake the Grand Jury a full and complete statement of the County funds, ^G^nd10 showing the receipts and expenditures of their said Counties for the Juryoftuo preceding year ,• in which statement they shall not only specify all fundi7 the moneys by them received and paid out, but the names of the per¬ sons from whom the same has been received, and for and on what ac¬ count the same has been paid out. 14. Sec. II. Every Clerk failing and neglecting to comply with Failure is the requisitions of this Act may, for the said offence, be presented by raalpraetlce' the Grand Jury for malpractice in office, upon which said present¬ ment it shall be the duty of the Attorney or Solicitor General to prosecute, as in other cases of presentments by Grand Juries, for of¬ fences punishable by law ; and on conviction, the said Clerk may be fined, or fined and removed from office, at the discretion of the Court. 15. Sec. III. The Justices of the Inferior Court shall allow their compensa said Clerks such compensation as is reasonable and just for their ser- t,on' vices required by this Act. Sec. IY. All laws and parts of laws militating against this Act are hereby repealed. An Act to authorize the Inferior Courts of the several Counties in this State to transcribe the records of the Superior Courts and In¬ ferior Courts, and of the Courts of Ordinary of said Counties ; *Thc same query applied to preceding Act, may be made in regard to this. 25 194 COUNTY FUNDS AND RECORDS—1629. Transcribing records—Suits against defaulting Clerks. and more fully to define the duties of the Clerks of the Superior Courts and Inferior Courts; and to provide a remedy for the non-performance of such duties.—Approved Dee. 22, 1829. Vol. IV. 227. inferiorc'ts l(j. Whenever it shall be made known to the Inferior Courts of persons to the several Counties in this State that the records of the Superior ^records Courts and the Inferior Courts, and Courts of Ordinary, or of any of said Courts in their respective Counties have become obliterated, defaced, or mutilated, it shall and may be lawful for said Inferior Courts to employ some fit person or persons to transcribe such re¬ cords into new books of a substantial nature ; and such records, when so transcribed, and approved by said Inferior Court upon their inspec¬ tion, or upon the examination of any person or persons whom they shall appoint for the purpose, shall have all the validity and authen¬ ticity of the original records, or may have 4.7. Sec. II. Whenever it shall appear to the Inferior Courts afore- them!,rou?ht said that, the Clerks of the said Courts hereinbefore mentioned have up when in¬ complete. failed or neglected to copy into a book of record all the proceedings in all civil cases in said Courts respectively, or that the said proceed¬ ings have been partially and imperfectly copied, it shall and may be lawful for the said Inferior Courts to employ some fit and competeni person or persons to copy the said proceedings into a book or book of record ; and the said books of record shall, when approved by saio Inferior Court, or by the person or persons by them to be appointed for the purpose of examination, have the same force, validity, and authenticity as if the said proceedings had been fully copied by the Clerks aforesaid, within the time prescribed in the 34th section ol the Act of the General Assembly, passed on the 16th day of Feb¬ ruary, 1799.* siiaii offer 18. Sec. III. The said Inferior Court, in the employment of a lowest0bw- person or persons to transcribe the records, and to copy the proceed" der- ings as hereinbefore directed, shall offer the same to the lowest bid¬ der, due regard being had to the competency of the several persons Bond to be proposing, and shall require bond with approved security, payable to Pven- the Justices of the Inferior Court of the County, and their successors in office, in a penalty to be fixed by them, or any three of them, for the completion of the contract at such tirqe or times as shall be stip¬ ulated, and' for the safe keeping and return of the books, docu¬ ments, and papers that may be intrusted to him or them for the purposes aforesaid. 19. Sec. IV. The Inferior Courts shall be authorized to institute a suit or suits in the Superior Court upon the bond or bonds of any Clerk, who has failed or neglected to copy into a book of record all the proceedings in all civil cases in said Courts respectively, according to the true intent and meaning of the said 34th section of the Act aforesaid, or who shall hereafter fail or neglect to record the procecd- Bamages. W?5 °f said Courts as hereinafter required ; and shall recover dam¬ ages for the neglect or failure of such Clerk in manner aforesaid, ac- Suits against defaulting Klerks. *" Judiciary,"' sec. 363. COUNTY FUNDS AND RECORDS—1829-'31. 195 Suits against defaulting clerks—Judicial records—Inspection by Grand Jury. cording to the rates for recording said proceedings, in all the cases which such Clerks shall have failed, or shall fail to record, or which he shall have imperfectly recorded, or shall imperfectly record; and in case there be no valid bond of said Clerk, it shall and may be law¬ ful for said Superior Court to cause said Clerk, by a rule or order of said Court,* to pay into the hands of the County Treasurer such sum or may t* or sums of money as it shall appear to said Court that such Clerk hasruiod" received, or shall receive, as fees for recording of proceedings in cases which he has or shall fail or neglect to record, or has or shall imper¬ fectly record, and" to enforce such order by process of attachment ; Provided, when it shall appear,that said Clerk has not received the proviso, recording fees in any case or cases, the amount of such fees shall not be included in the damages herein required to be collected, nor in the sum herein directed to be paid. 20. S ac.> Y. The proceedings in all cases, criminal as well as ah judicial civil, hereafter determined in the several Courts of Law and Equity to in this State, shall be fully and fairly copied by the Clerks of suchC0piea" Courts respectively into record-books of a substantial nature, pre¬ vious to the next term of such Courts, after the adjournment of the Court in which such cases shall be determined.!1 21. Sf.c. YI. It shall be the duty of the Grand Juries in the Grand Junes several Counties in this State, from term to term of the Superior the records, Court, to inspect and examine the offices, papers, and records in the u!fices'ts* Superior and Inferior Courts of their Counties ; and if the said pro- Grand jmy ceedings shall not have been copied into a book or books of record according to the true intent and meaning of this Act, they shall cause dcrfci" the Clerk or Clerks who shall have failed or neglected to do his duty as required by this Act, to be presented for non-perfcrmance of official duty ; and the said Superior Court shall order the bond of such Clerk to be prosecuted, and recovery shall be had thereon as directed in the aforesaid third section of this Act; and if there be no bond, said Court shall proceed against such Clerk as in such case is therein directed, Sec. VII. All laws or parts of laws militating against this Act Repeating are hereby repealed. An Act to compel all County Officers holding public moneys to keep books of record of the receipts and expenditures of the same.— Approved Dec. 26, 1831. Pam. 90. 22. Sec. I. As the public money is the property of the people, they have a right at all times to know how it is expended : Be it therefore enacted, That from and after the passing of this County ofl&~ Act, all County officers in each County in this State, in whose hands ktn.V're any money belonging to the County or State shall come, shall pre- !nrdrebCd^t»f and pay- menu. •See further, as to ruling Clerks, " Judiciary," subdivision " Officers of Court," sec. 380. fl'y Judiciary Act of 1703, within 40 days, see " Judiciary," 3G3. (1.) The motion (locket m not a record. 1 Khlhj, 355 4 G% R j.>. 157. 196 COUNTY FUNDS AND RECORDS—1831-'37. County funds—Transcription of records in certain Counties. pare and keep a fair, good and substantial leather bound book, in which they and each of them shall enter in a regular and distinct manner, all moneys by them received on account of the State or County, or from any other public source, in such a way as may be seen how much and at what time the said money was received, and in like manner how the sarile has been expended or disbursed, with the items of each expenditure, and at the expiration of every three months, the debit and credit side of such account shall be struck, so that the state of the account may be known.* and annual- 23. Sec. II. It shall be the duty of the County Treasurer, or if lu-Lot before none ^as been appointed, then the Clerks of the Superior or Inferior jmyrand Courts, acting as such, shall at every second term in each County, lay before the Grand Jury a fair abstract from said book, on pain of 24. Sec. III. In case of neglect or failure of any of the afore- *20, said persons to perform the duties hereby assigned them, then and in such case, they shall be liable to a line of $20 for.each offence, to be recovered in any Court of record.having competent jurisdiction ; the whole penalty to go to the person prosecuting the party offending. books open 25. Sec. IV. During the legal office hours, all persons shall have spcciionC ' access to and a right to inspect the aforementioned books, and to take extracts therefrom, and the person keeping the same shall be entitled to receive twenty-five cents for each inspection ; and should any of the aforesaid officers refuse any citizen an inspection of said books, such officer so offending, shall be liable to the penalty and prosecu¬ tion as prescribed in the above named section. An Act to authorize the Inferior Courts of the Counties of Chero¬ kee, Cass, Cobb, Paulding, Floyd, Walker, Murray, Gilmer, Union and Lumpkin, to procure copies of the original records of the Superior and Inferior Courts of originally Cherokee County, which are now in the Superior and Inferior Clerk's offices of Forsyth County, and to legalize the same.—Assented to Dec. 25, 1837. Pam. 219. Records to enacted, That from and after the passage of be transcnb-this Act, the Justices of the Inferior Courts of the Counties of Cher- fd frr cor- taincoun- okee. Cass, Cobb, Paulding, Floyd, Walker, Murray, Gilmer, Union, Ue3° and Lumpkin be, and they are hereby authorized to employ some fit and proper person to transcribe into good and well bound books, pur¬ chased for that purpose, by said Inferior Courts, all the original re¬ cords of the Superior and Inferior Courts of originally Cherokee County, while and during the time that the aforesaid Counties, com¬ posed a part of the original County of Cherokee, and that the same, when procured, shall be deposited in the Superior and Inferior Clerk's offices in the Counties procuring the same. comparison 27. Sec. II. The Clerks oi the Superior and Inferior Courts of ofcajnes. ForSyth County, who have possession of the original records, and the person employed to transcribe the same, shall compare the origi- *See Act of 183-5, providing for County Treasurers, " County Officers," sec. 45. COUNTY OFFICERS. 197 Analysis. nal records and copies, and said Clerks shall certify, in all of the books of transcript, that they are true and correct copies of the orig¬ inal records, and a certified copy of any instrument or transaction certified recorded in said books, shall be received and held as legal evidence dence.evl in any Court in this State, any law to the contrary notwithstanding. COUNTY OFFICERS.* Sec. 1. Removal of Sheriffs. " 2. Constable's oath. " 3. Election of officers. " 4, Vacancies. " 5.' Talcing Sheriffs' bonds. " 6. Office of Clerk at Court house., V 7. Penalty for neglect. " 8. Officers ad interim. " 9. Application for commission. " 10. Election of Tax R. and C. " 11. Appointment C. C. O. " 12. Appointment of Bailiff. " 13. Time of elections. " If. Jailers' bond and oath. " 15. Qualification in 10 days. " IS. Ex-officers subject to order. " 17. Informalities cured. " 18. Certain acts made valid. " 19. C. C. O. bond. " 20. 15v whom taken. " 21. Recovery thereon. " 22. Constable's Bond. " 23. Oath to Constitution not taken. 21. Omission shall not avoid. " 25. To be taken. " 2:!. Vendue Mb, Not. Pub. &c. " 27. Deputy Clerk. " 28. Constable's bonds. " 29. J. 1. C.—election, removal, &c. " 30. J. P.—election, removal, &c. " 31. Place of election. " 32. Vacancies. " 33. "Vacancy C. C. O. " 31. Registry of births. " 35. Parents' right. " 30. Penalty on Clerk. " 37. Registry evidence. " 38. Defaulters not commissioned. « 39. Oath. " 40. Failure to apply for com. " 41. Vendue masters, &c. " 42. Acts of minor deputies. " 43 Notaries Public. " 44. Names registered. 45. County Treasurer, " 43. Receive funds. " 47. Pay orders. " 48. Book. " 49. Annual exhibit to G. J. " 50. Academy funds. " 51. Treasurer's compensation. " 52. Vacancy of Cl'k., Sh'ff., &c. " 53. In cases ot tie. " 54. Power of Inf'r. Court. " 55. Election of Constable. " 53. Oath and bond. " 57. Vacancies. " 53. Appointment of Bailiffs. " 59. Restrictions. " 30. Bonds made valid. " 61. Appointment of Constables. " 32. Sickness or excess of business. " 63. Bond and oath. " 64. Oaths administered by Surveyor. " 65. Bond of Clerk as Treasurer. " 65. Receipts pv. " 37. Election C. C. O. " 38. Bond, &e. " 69. Temp. Clerk and Sheriff. " 70. Term of office. " 71. Examination of Sheriffs bonds. " 72. Surveyor's bond. " 73. Record of Constable's bonds. " 74. Copies, evidence. " 75. Acts of Bailiff before bond. " 76. Sheriff, not to be Bailiff. *Most of the duties of the County officers are so connected with other titles as not to allow them to be collected under this head. To these various titles, reference must be had. For fees of County officers, see title " Fees." For Acts in relation to County funds and records, see that title. As to embezzlement of County funds by County officers, see "Penal Laws," see. 141, t-98 -r COUNTY OFFICERS—1799. ltemovals from office—Constable's oath—Elections. An Act for the appointment of County Officers.—Approved Feb. 16, 1799. Vol. 1.201. • Sec. I. and II. [Repealed. See sec. 4, and amendment of the Constitution, Vol. II. 515.J ■flbwreinov- ^ ^EC- ^ll ^le rePresentaticm of two-thirds of the Justices* cd from of- of the Inferior Court, and of the County, or by sentence of im- c' peachment, his Excellency the Governor be and he is hereby author¬ ized to remove any of the aforesaid Sheriffs from office ; and he shall and may remove from office any Coroner or County Surveyor, on like representation of two-thirds of the Justices of the Inferior Court and of the County ; the Governor shall and may also remove any of the aforesaid Clerks,* County Surveyors or Coroners from of¬ fice on conviction of the offender or offenders, for malpractice in office. Sec. IV. [Superseded.] [constable's oath.] Constable's 2. Sec. V. And shall also take the following oath before a Jus- oath" tice of the Inferior Court or Justice of the Peace: "I do solemnly swear, or affirm, that I will duly and faithfully perform all the du¬ ties required of me as Constable of the County of accord¬ edwdidafei inS to ^est °f mY abilities and understanding." And where it ce drawn shall so happen that no fit and proper person or persons offer them¬ selves as candidates, the said Court shall pass an order directing the Justices in any district, or one of them, to draw not exceeding two persons from such company, to serve as aforesaid, who shall be liable fusing1^ to a fine of forty dollars, to be levied by order of the said Inferior 8erve- Court, on refusal to act, or procure some other person to serve for him. [The balance of this section superseded.] Sec. VI. [Authorizing the appointment of Constables by the Jus¬ tices of the Peace, in certain cases re-enacted; sees. 12, 58, 61, 62.] An Act supplementary to the foregoing.—Approved Dec. 4, 1799. Vol. I. 202. County" ^ ®EC' ^"n future> elections for County officers, to wit, the to be by Clerks of the Superior and Inferior Courts, Sheriffs, (Coroners,f and rens.reec" County Surveyors, shall be by the citizens of the respective Coun¬ ties, who are entitled by law to vote at elections for representatives, or members of the Legislature of this State ; and shall be opened, conducted, and closed in the same mariner, that elections are for members of the Legislature of this State, vacancies— 4. Sec. III. If a vacancy should take place in one of the afore- -Aow filled. offices, it shall be the duty of the Justices of the Inferior Court, or any two or more of them, to give notice in one or more of the * " Of the respective Counties," in sec. 1. t As to the election, qualification and duties of Coroners, see further, title "Judi¬ ciary," sec. 2-59. COUNTY OFFICERS—1803-7. 190 Elections—-Sheriffs' bonds—Clerk's office. public gazettes, or at the Court house, and three or more of the most public places in the County within which such vacancy may happen, twenty days previous to the election for filling up the said vacancy: and the person so chosen shall continue in office no longer than his continuance predecessor would have done.* And where any two or more can- ^°®ceeg of didates for any County office shall have the highest and an equal num- ber of votes, the presiding Justices shall certify the same to his Excel- appoint, lency the Governor, who shall be, and he is hereby authorized to appoint one of the persons so having an equality of votes, f An Act to amend the Judicial Act.—Approved May 11, 1803. Vol. II. 112. Whereas, doubts have arisen respecting the proper persons author¬ ized, or intended by law to take the bonds or obligations of the Sheriffs of this State : For remedy whereof, 5. Sec. I. Be it enacted, Sfc. That every Judge of the Superi¬ or, or a majority of the Justices of the Inferior Courts, of the re?- the!upp°rior spective Counties throughout this State, is and are, and by intend- oaheVnfer?- ment of law,1 ought to have been taken, held, deemed, and consid-"r. to 5 D , { tstkaShor- ered as competent in law, to take the bonds or obligations of Sheriffs, iff'abends, and to qualify them as by law directed. J An Ait to compel the Clerics to Jcer/p their offices at the Court- house of their respective Counties, or within one mile thereof.—Approved Dec. 7, 1807.$ Vol. II. 404. Whereas, great inconvenience has hitherto been experienced by the citizens of this State from the great distance at which many of the Clerks keep their offices from the Court house, many records and other papers being frequently necessary to the fair investigation of a chuse in Court, that are lodged in the office, and their absence neces¬ sarily delaying justice, and sometimes utterly defeating it; for rem¬ edy whereof, 6. Sec. I. Be it enacted, 6pc. That from and after the first day of June next, it shall be the duty of the Clerks of the Superior and £eep*heir Inferior Courts, and the Clerks of the Court of Ordinary, to keep their offices, books, and papers, at the Courthouse of their respective of the c'r theyraro" offices, in such cases and in like manner as they would have been out of office. hac[ t}iey remained in office. An Act to legalize and malce valid the acts and proceedings of Sheriffs and Clerks in this State in certain cases therein expressed.—Ap¬ proved Dec. 6, 1813. Yol. III. 145. Whereas, the XLYIth section of the Judiciary law of this State, passed in the year 1799, requires that before any Sheriff shall enter upon the duties of his appointment, and being commissioned by the Governor, he shall be bound for the faithful performance of his duty by himself and deputies before any of the said Judges, to the Gov¬ ernor of the State for the time being, and to his successors in office^ jointly and severally, with two good and sufficient securities, inhabit *For Act in reference to medical attendance, &c. to prisoners, see " Penal Laws," sec. 395. fSee Act of 1823, sec. 40 of this title. [1.] A bond voluntarily given after the time expires, is good as a Common Law bond. 1 Kelly, oli. COUNTY OFFICERS—1813-'15. 203 Certain acts of Sheriffs and Clerks made valid—Bond of C. C. O. tants and free-holders of the County, to be approved of by the Jus¬ tices of the Inferior Court, or any three of them, in the sum of twen¬ ty thousand dollars. And whereas, a custom has heretofore prevail¬ ed with the Executive department of this State in issuing the dedimus poteslatcm to qualify the Sheriff, to direct the same only to two or more Justices of the Inferior Courts of the several Counties, in con¬ sequence of which the bond in many cases given by the Sheriffs and their securities do not appear to have been attested by, or approved by more than two Justices of the Inferior Courts ; and as doubts and difficulties may, and probably will at some future day, arise respect¬ ing the legality of the acts and proceedings of Sheriffs, when their bonds do not appear to have been approved by more than two Jus¬ tices as aforesaid, and the proceedings of the Courts in the several Counties may be called into question ; for remedy whereof, 17. Sec. I. Be it enacted, 6fc. That in all cases where persons certain in- have been elected Sheriffs in the several Counties in this State, and sheriff'» have been commissioned by the Governor, taken the oath of office, t"nscured and have given bond and security which has been approved by any *J?td made one or more of the Justices of the Inferior Courts in the County in valid, which such person shall have been elected and commissioned, and the person so commissioned and qualified has acted as Sheriff, that then and in that case, all official acts done and performed by him or his deputies, and all judicial proceedings in the Courts in the several Counties during the time such person acted as Sheriff shall be taken, held, and deemed as legal and valid as if the aforesaid Act of 1799 had been lully complied with in taking the bond and otherwise quali¬ fying the Sheriffs aforesaid; any law, usage, or custom to the con-/ trary notwithstanding.* And whereas, some doubts exist with regard to the legality of the official acts of the several Clerks and Sheriffs of the different Coun¬ ties in this State,- which have been transacted since the 18th day of October last: 18. Sec. II. Be it therefore enacted, That all official acts of any Arts of sher- and all Sheriffs and Clerks in this State since the aforesaid 18th day aerk"dtrom of October last, shall be deemed, held, and considered as legal and °ntnthe?r valid in law, as if such doubts had not, or did not exist; and thev succeasors. i s • ... , jU . , . . -ii. were quail- mail continue to act m their several official capacities until their sue- fi trict to which-they respectively belong, entitled to vote for members of the General Assembly: which elections shall be-superintended by Election— three freeholders of the district, whose duty it shall be to take the u'm!«iPOnn~ following oath, to be administered by the Captain or commanding officer of said district, or any Magistrate of the County, (to wit:) u I, A B, do solemnly swear, that 1 will, to the best of my abilities,' superintend the election of Justices of the Peace for this district: So help me God." And said freehplders shall transmit a return of said election, within twenty days, to his Excellency the Governor, who is hereby authorized.to commission the person or persons so elected accordingly;1 and the said Justices of the Peace shall hold their ap-2'°™ of of- t . * „ r i *ii* fice, 4 years pointmeuts during the term of four years, and until their successors are elected and qualified, unless they shall be removed by conviction How remov on indictment in the Supeiior Court for malpractice in office, or for d any felonious or infamous crime, or by the Governor on the address of two-thirds of each branch of the General Assembly : and when any vacancy or vacancies shall happen, by death, resignation, or vacancies otherwise, of any Justice or Justices of the Peace, it shall be the duty of one Justice of the Peace, and two freeholders, which said free¬ holders, previous to holding said election, shall take the oath above prescribed, to advertise in three of the most public places in the dis¬ trict where such vacancy or vacancies may happen, the time of hold¬ ing an election for the purpose of filling such vacancy or vacan¬ cies, and give at least fifteen days' notice of the time and place when such election shall be held; and it shall be the duty of the said Jus¬ tice anjl freeholders to superintend such election, and certify the same under their hands to his Excellency the Governor, who shall, within ten days after receiving the same, commission the person or persons having the highest number of votes : Provided the election is not Previa contested. [I.J A certified copy from the records of Executive office is the best evidence as to the fact of a Justice of the Peace not being in office during a particular time. 5 Ga. Rep. 6. 208 COUNTY OFFICERS—1820-'23. Vacancy C. C. O.—Registry of births. where eiec- 31. Sec. III. All elections for Justices of the Inferior Court shall kind sha°n be be holden at the place of holding the Superior Courts in the rcspec- fce,d" tive Counties ; and all elections for Justices of the Peace shall be holden at the usual place of holding the' Justice's Courts in the re¬ spective company districts. vacancies 32. Sec. IV. Where any person or persons shall be elected to until the end fill the vacancy of any Justice of the Inferior Court, or Justice of the of the term. peac6j tjie person so elected and commissioned shall continue in of¬ fice only for the time for which their predecessors were elected. Act of Dec. 22 d, 1820* Vol. IV. 204. vacancies 33. Sec. II. When any vacancy-shall happen in the office of of the clerk Clerk of the Court of Ordinary, by death, resignation,, or otherwise,! of ordinary1 an(l may be lawful, and it is hereby made the duty of the how tilled. 'Justices of the Inferior Courts, or a majority of them, in the County where such vacancy may happen, to proceed without delay to ap¬ point some fit and proper person to fill such vacancy, administer to the person so appointed the same oaths, and take like bond and se¬ curity as heretofore required by law of the Clerks of the Courts of Ordinary of this State, and transmit the same to his Excellency the Governor; and the person so appointed shall be deemed, held, and considered as duly qualified to discharge all the duties required of the Clerk of the Court of Ordinary of the County for which he may be appointed, and shall be entitled to thb same fees, and be subject to the same pains and penalties for misconduct in office, as if such oontinuunco person had been duly elected and commissioned by his Excellency the m ottice. Governor, and continue in office for and during the term for which his predecessor was elected, and until a successor shall be duly elect¬ ed, commissioned and qualified. [For the remainder of this Act, see " Executors, Administrators, &c." sec. 93.] An Act to establish an office for recording the Births of the citizens of this State, in each County of the said State.—Approved Dec. 19, 1823. Vol. IV. 113. Whereas, much inconvenience has been experienced in this State from the difficulty of obtaining testimony of the ages of persons in¬ terested in questions of rights before our Courts ; and whereas, em¬ barrassing difficulties frequently impede the correct administration of justice on this subject; for remedy whereof, re-'f'tlreu110 31. Be it enacted, That from and immediately after the passing re^i . ^ ^-s ^ be the .duty of the Clerks of the Courts of Ordi¬ nary, in each County respectively, to enter and register in a book, to be kept for that purpose, the names of all persons who may report themselves to him, or who may be reported by their parents or guard- ■' Por title, see "Executors, Administrators, &c. sec. 98. ttVi has 1 eea a iailure to elect, see Act of 1839, sec. 67 of this title. COUNTY OFFICERS—1823. 209 Defaulters ineligible—Forfeiture of commission. ians, as well as all those who may be hereafter bora within the said County, and who may be reported as aforesaid, upon due proof being made by affidavit or oath to the said Clerk of the said birth ; and that the sffid Clerk shall be entitled to take and receive for each regis- cierk'a fee, try which he shall be called on to make, the sum of twenty-five cents. 35. Sec. II. The parents or guardians of children now in life, or Right of the who may be hereafter born, may, upon application to the Clerk of wh°m the present instructor of the deaf and dumb benefici¬ aries of this State shall be one, whose duty it shall be to select a site, to purchase a tract of ground suitable, of forty acres, more or less, and to cause forthwith to be erected thereon such buildings as may be requisite for an asylum and school-house for the deaf and dumb of this State, to be located at the most eligible point, not exceeding five miles distant from the place at which the deaf and dumb bene¬ ficiaries of Georgia are now instructed. President 7. Sec. II. Said commissioners shall, at their first meeting, e"d rredSur~ elect one of their own number as president, and one of their own number as secretary and treasurer. The president's signature shall be required to all the reports, drafts, orders, contracts, notes, and Duties. other official papers of the board. The secretary and treasurer shall keep an accurate record of all the proceedings of the board, an ac¬ count of all its expenditures and a record of all its contracts of whatever kind, and no contract, bond, draft, order, report, obligation, or agreement of said board of commissioners, shall be valid unless it be first recorded by the secretary in a book kept for that purpose, signed by the president and countersigned by the said secretary. Bond. The said secretary and treasurer shall give bond and security, paya¬ ble to his Excellency the Governor, for the faithful performance of his duty, and shall receive for his servipcs a salary not exceeding the sum of two hundred dollars annually, office of 8. Sec. III. Said board of commissioners shall perform all the er'aboiisiie^f duties now required by law of the commissioner for the deaf and dumb, whose office is hereby abolished, and shall cease from and after the day when his present year's commission shall expire. Jc™ °f °f ^EC- board of commissioners shall hold their office for one year only, but may be re-appointed by the Governor ; and Name. said board and their successors shall be known as the " Board of Commissioners for the Georgia Asylum for the Deaf and Dumb," Privileges. aild in this name may have and hold all such lands, buildings and other effects as may be necessary for the uses and purposes of said *See sec. 13. DEAF AND DUMB—1847. Powers of Board—Disposition of applicants—Enlargement of buildings. asylum, and in this name may sue and be sued, and do and perform all other acts that may be necessary to carry out the provisions of this Act, not contrary to the laws of this State. 10. Sec. Y. A majority of said board of commissioners shallutesidence reside in the County wherein said asylum is located ; and upon the 0 d death, resignation, removal, or refusal to serve, of any one or more of said commissioners, the remaining commissioners shall give notice to the Governor of such vacancy within twenty days, and the va- vacancy— cancy shall be filled by the Governor within sixty days after such notice. 11. Sec. VI. Said commissioners shall give notice in one of the Notice of public gazettes of Savannah, Augusta, Macon, Athens, Columbus of^ulidinge. and Cassville of the completion of said buildings, and announcing their readiness to receive beneficiaries and others into said asylum, and shall not receive more than one beneficiary from any one County Restriction in this State, until sixty days have expired from the publication of cants!ph~ said notice. 12. Sec. VII. Said board of commissioners shall have power to £°^r3 of purchase all such articles of' furniture as may be required for the use of said deaf and dumb asylum and school; to appoint such officers as may be necessary; to select and'employ such teachers as are re¬ quisite ; and, with the consent of the Governor, to fix their salaries ; to exercise a general supervision and control over the atfairs of the school and asylum ; and shall make a report of all their acts and Report, doings to his Excellency the Governor at least twice a year, [that is] to say, on the first of June and first of November.* 13. Sec. VIII. Indigent deaf and dumb persons, resident any indigent where within the State, shall be received into the asylum and school, ^ba;^_ and maintained and educated gratuitously, so far as the funds of the institution will admit, after the provisions of the sixth section shall tousiy. have been complied with. And when more persons shall apply for the benefits of the institution than can be received at any one time, the commissioners shall so apportion their number among the several Apportion- Counties, according to their representative population, that every counties.0"5 County may equally receive the benefits of the institution : Provided, alw/uj:;, That no person under ten, nor more than thirty years old Age—and shall be admitted, and no beneficiary allowed to remain more than spooling, four years.' All others than the indigent deaf and dumb of this 0ther appii- State may be received upon su8h terms as the commissioners maycante- establish ; and for the purpose of accommodating those who may apply for its benefits from other States, the buildings may, from time Buildings to time, be enlarged and improved, when the receipts of the asylum larged! °a" from other sources than the public treasury may justify it. 14. Sec. 9. The Governor be and is hereby authorized to draw Appropria- his warrants upon the treasury for the unexpended balance of the tKm°' standing appropriation for the education of the deaf and dumb for the year eighteen hundred and forty-seven, and for the whole amount of the said appropriation for the year eighteen hundred and forty- eight, in such sums as may be required by the board in carrying out ♦Annually, sec. 15. 222 DE AF AND DUMB—1S50. Annual Reports. the provisions of this Act ; Provided, always, That not more than Restriction, one-half of the appropriation for eighteen hundred and forty-eight, with the unexpended balance of the appropriation for eighteen hun¬ dred and forty-seven, shall be expended in the purchase of land and in the erection and furnishing of the buildings. An Act to complete and furnish the Georgia Asylum for the Deaf tmd Dumb, to appropriate a sum of money for the same, and for other purposes.—Approved Feb. 11, 1850. Pam. 18. propria tod" ^EC' ^ ^ ena number of eighteen, to try such case, and from such panel the Jury for the trial of the cause shall be made. Sec. II. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act in relation to Divorces.—Approved Feb. 22, 1850. Pam. 151. Grounds for 14. Sec. I. Be it enacted, That from and after the passage of divorce'0111 this Act, the following shall be the grounds or legal principles upon grauted. which divorces from the bonds of matrimony shall be granted, to wit: lstly. Intermarriage by persons within the levitical degrees of consanguinity or affinity. 2ndly. Mental incapacity at the time of marriage. 3dly. Impotency at the time of marriage. 4thly. Force, menaces, or duress in obtaining the marriage. 5thly. Pregnancy of the wife at the time of marriage, without the knowledge of the husband. 6thly. Adultery in either of the parties after the marriage. 7thly. Wilful and continued desertion by either party for the term of three years. Sthly. The conviction of either party of an offence involving mor¬ al turpitude, and under which he or she is sentenced to imprisonment in the Penitentiary for the term of two years or longer. Cruet treat- 15. Sec. II. In case of cruel treatment on the part of one to- hallitua" in- ward the other of the parties, or of habitual intoxication, the Jury toxicaticm. may^ acc0rding to the circumstances of such case, determine wheth¬ er the divorce shall be from the bonds of matrimony or from bed and board. Where cot 16. Sec. III. If the adultery, or desertion, or treatment, or in- mutuai guilt, toxication complained of, shall have been occasioned by the collu- no divorce. s^Qn ^ par1qeSj anci done with intention of causing a divorce, or if the party complaining was consenting thereto, or if both parties have been guilty of like conduct, then no divorce shall be granted. Partial di- IV. Sec. IV. All other grounds than those stated in the first and \otce. second sections of this Act shall only be causes for divorce from bed and board. Act*revived Sec. V. All laws now of force in relation to divorces and and declared die form of proceedings necessary to obtain them, that are not offeree. inconsistent with this Act, be and the same are continued in full force. DOWER—1807. 227 Widows' Election. An Act for the relief of certain citizens of this State from any and all disabilities, pains and penalties to which they may now be subjected to by law.—Approved Dec. 20, 1849. Pam. 282. Whereas, the Supreme Court of this State has decided that final divorces cannot be obtained, and are not authorized by law for any cause arising subsequent to the marriage; and whereas, there are many citizens, male and female, who have been divorced either by the judgment of the Superior Courts of this, or some other State; and whereas, there are those who now reside in this State, who have been divorced by the Acts and Resolutions of the legislative author¬ ity of other of the American States; and whereas, doubts are enter¬ tained as to the validity and legality of said divorces so obtained; for remedy whereof: 19. Sec. I. Be it enacted, That where any person or persons rerson* having been divorced as aforesaid, shall have heretofore married, or dedar&ddi- shall hereafter contract in marriage, that the same shall be legal and ^ valid, and that all and every such person shall be exempt from all811 penalties, and every, the pains and penalties now prescribed against the crime of bigamy, and all privileges and immunities secured to the party in the decree of divorce, shall be valid in this State: Provided, that this Act shall not extend to partial divorces, whether granted in the State of Georgia, or elsewhere. Sec. II. All laws and parts of laws militating against this Act be and the ,spe are hereby repealed. DOWER/ Sec. 1. Election within twelve months. " 2. Issue and trial. " 3. Land in two Counties. " 4. Keturn and Issue. " 5. Notice to parties. " 6. Surveyor. " 7. Admeasurement of Dower. " 8. Limit on Application. Sec. 9. Election. " 10. Dower in proceeds of ,sale. " 11. In two Tracts. " 12. Money in lieu. " 13. Notice to Representative. " 14. More tracts than one. " 15. Money in lieu. An Act for the more effectually securing the probate of Wills, limiting the time for Executors to qualify and Widows to make their elec¬ tion.—Approved Dec. 10, 1807. Vol. II. 381. Sec. I. and II. [See Executors, Administrators, &c. sees. 85, 86.] * As to mode of relinquishing dower, see Conveyances. &c. sec. 15. Also for Act barring dower in lands conveyed by the husband during the coverture, sec. 29, or by Sheriff, sec. o9. Also as to dower in lands mortgaged by the husband, sec. 11. 228 DOWER—1807-24. Widows' Election—Assignment of dower. widows 1. Sec. IY. It shall be the duty ot all widows, within one year their elec- after the death of their husbands,* to make their elect ionf or portion1 12months? out ^ie estate of the deceased ; and any such widow so tailing to make her election, shall be considered as having taken her dower or thirds, and shall for ever after be debarred from taking any other part or portion of the said estate. An Act to authorize the Superior Courts of this State to appoint per¬ sons to assign and set off Doiver and to prescribe the mode of pro¬ ceeding therein.—Approved Dec. 7, 1824. Yol. IV. 214. if the right is Sec. I. [Re-enacted, with amendments, in 1839, sec. 7.] !'?uortodbe" Sec. II. In case any person or persons who maybe interested triedeby and sa^ ^and, shall traverse or deny the right of the applicant to snch speda! Jury dower (the grounds'of which traverse or denial shall be plainly and distinctly set forth in writing,) the Court shall order an issue to be made up, and the same shall be tried by a special Jury at the same term, unless it should appear to the Court that the principles of jus¬ tice should require a continuance, which may be-allowed for one term, and no longer ; and the verdict of the Jury shall be final and conclusive between the parties, tfiands are 3. Sec. III. When any person is entitled to dower in lands and counties1ap- tenements situate in different Counties of this State, application shall i>e nadc to made in the manner and under the restrictions hereinbefore point- the'superior ed out by the Superior Courts in each of such Counties, and. the each. * ° writs granted by said Courts shall only extend to the laying off and assigning dower in the lands and tenements situate within the Coun¬ ty in which such application is made. Return to be ^ ^ persons appointed for the purposes hereinbefore made to the expressed, shall return their proceedings on such writs to the term of tile court, the Superior Court next ensuing the one at which they were grant- naf, unless1 ed, there to remain of record, and which shall be final and conclusive ?hown between all the parties concerned, unless some person interested shall which is to show a good and probable matter in bar of the confirmation of such be tried by a . ° E _ -it , , , special Jury, assignment, or that the applicant is not entitled to so much as hath been assigned ; in which case the Court shall permit an issue to be made up and tried by a special Jury without delay, unless good and sufficient cause should be shown to the Court for a continuance, which may be granted for one term and no longer ; and if the Jury shall find in favor of the return and assignment already made, the same shall stand confirmed, but if they should find against it, the Court shall forthwith award another writ directing a new assignment, which shall be executed and returned as before directed, and which shall be final and conclusive to all the parties : and in all cases where * After the granting of letters ; see sec. 9. tSee Act of Dec. 12, 1804, Executors Administrators, &c. sec. 25, as to the widow's election and the effect of it. [1.] If fie widow dies within the 12 months, without electing, her administrator is barred of claiming any interest in the realty. 9 Ga. Rep. DOWER—1824-'39. 229 Notice—Surveyor—Appointment of Commissioners. the assignment so made is confirmed by the Court, writs of posses¬ sion, on the application of the person to whom dower is so assigned, shall be issued by the Clerk of the Superior Court from which the writ originally issued for such assignment, to give sttch person* pos¬ session of the lands and tenements so assigned to them. 5. Sec. Y. The persons so making the assignment shall in every case give to the parties in interest ten days' notice, if they reside parties, within the State, and if they reside without the State two months' notice, in one of the public gazettes of this State, of the time and place of making said assignment.* G. Sec. YI. The persons making such assignment shall be an- Ma>' employ t , 0° ° . . .a surveyor. thorized to appoint and employ a Surveyor to assist in executing the writ to th,em directed, who, together with themselves, shall be entitled His compen- to such compensation for their services as the Court shall deem rea- vided for™ sonable and just, and in case the person applying for said writ shall refuse or neglect to pay the sum awarded by the Court, execution shall be issued therefor as on a judgment. Sec. YII. All laws and parts of laws militating against this Act be, and the same are hereby repealed.- An Act to amend an Act to authorize the Superior Courts of this State to appoint, persons to assign and set off Dower, and, prescribe the mode of proceeding therein, and, to define, how Dower shall be laid off and assigned.—Assented to Dec. 21, 1839. Pam. 148. 7. Sec. I. Be it enacted., That from and after the passage of this supcrior ct Act, the Superior Courts of this State shall have power and authority upon the written application of any person entitled to dower in any to admeas- lands and tenements in this State, to appoint five fit and discreet free¬ holders of the County in which the application is made, and cause to be issued by the Clerk of said Court, a writ for that purpose, to be writ, devised and framed according to the nature of the case, directing said freeholders, or a majority of them, to enter upon such lands and tenements, and to admeasure, lay off and assign the one-third part of said lands, including the tenements,1 having regard to the shape and valuation of such lands : -Provided, the said land should be without Landg in a any corporate city, village or public place of business. And all lands within any corporate city, village or public place of business, it shall admeasured, be the duty of said freeholders, or a majority of them, to admeasure, lay off", and assign one-third part of all the lands, tenements, to which the applicant is entitled, according to quantity "or valuation, as they may think proper, just and equitable. The persons so appointed, shall take the following oath : " I do solemnly swear, or affirm, that 0ath. I will duly and impartially execute the law to the best of my under¬ standing : so help me God."f Provided, that the persons so 'apply- *But see sec. 13. fThis oath may be administered by the County Surveyor ; see " County Officers,'' sec. 61. [1,] The widow is entitled to the possession of the tenements, before dower assigned, 3 Kelly, 207. 230 DOWER—1839-'50. Notice—Limitation of Dower—Election of widows. parties in in-^n»' sball giye notice of twenty days if they reside within the State, terest. and if they reside without the State, three months' notice,* in one of the public gazettes of* this State, their intended application for Proviso. such assignment of dower : and provided also, the application shall not be made until the expiration of three months after the death of the person to whom the said lands and tenements belonged. An Act to limit the time within which widows may apply jor the as¬ signment of Dower.—Assented to Dec. 21, 1839. Pam. 145. appii«ation 8. Sec. I. Be it enacted, That in all cases hereafter where any 7years.aftar husband shall die, application for the assignment of Dower shall be made by his widow, within seven years after his death, otherwise her right to dower shall be absolutely barred.1 An Act to alter and amend an Act entitled an Act for the more ef¬ fectually securing the Probate of Wills, limiting the time for Ex¬ ecutors to qualify and Widows to make their election, and to change the mode of ascertaining and fixing, in certain cases, the Dower of Widows.—Assented to Dec. 9, 1841. Pam. 138. election 9. Sec. I. Be it enacted, That from and after the passage of this year after16 Act, so much of the above recited Act as requires all widows within rnentary or one Ye9-r after the death of their husbands to make their election or adrninu^ portion out of the estate of the deceased be, and the same is hereby been grant- repealed ; and in lieu thereof, that it shall be the duty of every 64 widow, within one year after letters testamentary or of administra¬ tion have been granted on her husband's estate, to make her election or portion out of the estate of the deceased, and failing so to do shall be subject to the disability in the above recited Act specified. May have 10. Sec. II. Each and every widow, after having made her rae^-third'of election of dower, may have her dower assigned out of such land or |^ethPr<^gS lands as she may be endowable, according to the laws now of force o^Mand in this State, or by and with the consent of the executor or adminis¬ trator, or take one-third part of the proceeds of the sales thereof, which shall be held by such executor or administrator in trust, for the benefit of said widow, and after her death to revert to the estate of her deceased husband ;f Provided, that nothing herein contained shall authorize said executor or administrator to lessen said third part, principal to but that the interest only thereof shall be paid annually to the widow teuntoueh- 0f gnch deceased husband ; and provided further, that the account Account between the widow and the executor or administrator shall be in writing, and shall be recorded and filed in the office of the Clerk of the Court of Ordinary. An Act in relation to the assignment of Dower.—Approved Feb. 23, 1850. Pam. 152. 11. Sec. I. Be it enacted, That in all cases where commission- *See Act of 1850, sec. 13, as to notice. fBut see Act of 1850, sees. 12, 14, 15. [1.] This Act prospective. 7 Ga. 148. DOWER—1850. 231 Money in lieu of dower—Two tracts. ers are appointed to assign dower to any widow, and there shall be where two two or more tracts of land of her deceased husband in the County, eraCmVy beW" they shall be and are hereby authorized, if in their judgment it willa11 m one- promote the interest of all parties concerned, to assign and lay olf to such widow her dower in one of said tracts instead of each, allowing to her such portion thereof as will be a just and fair equivalent for the dower in all said tracts.* 12. Sec. II. Such commissioners, whether there be one or more Money in tracts of land, shall, if they deem it of advantage to all parties con- er, by con •cerned, with the consent of the widow and the legal representative oftfe^tcf 1>ar" her deceased husband, ascertain and assign to her a sum of money to be paid to her by such legal representative in lieu of dower in any or all of said tracts of land in the County, which sum shall be paid to her when the report of said commissioners is made the judgment of the Court.f An Act to amend the several Acts in relation to the assignment of Dower.—Assented to Feb. 21, 1850. Pam. 153. 13. Sec. I. Be it enacted, That from and after the passage of Notice only this Act, that persons applying for dower, under the above recited ative ofe,ent section, it shall only be necessary for the applicant to give the repre- estate" sentative of such estate twenty days' written notice of such intended application, instead of giving all the parties notice as now required by law. 14. Sec. II. In all cases where commissioners are appointed to Where nvo assign dower to any widow, and there shall be two or more tracts of er may i>ew~ land of her deceased husband in the same County, they shall be and If1 onf are hereby authorized, if in their judgment it will promote the interest of all parties concerned, to assign and lay off to such widow her dower in one of said tracts instead of each, allowing to her such portion thereof as will be a just and fair equivalent for her dower in all of said tracts, the widow having the right to select the tract from widows,' se- which her dower may be laid off. lectwn. 15. Sec. III. Such commissioners, whether there be one or more Sum of mo- tractS of land, shall, if they deem it of advantage to all parties con- "f dowereby cerned, with the consent of the widow and the legal representativeconsem- of her deceased husband, ascertain and award to her a sum of money to be paid to her by such legal representative, as an equivalent for and in lieu of dower in any or all of said tracts of lands in the Coun¬ ty, which sum shall be paid to her when the report of said commis¬ sioners is made the judgment of the Court. Sec. IV. All laws and parts of laws militating against this Act, be and the same are hereby repealed. *See next Act. fSec next Act. 232 ELECTIONS—1709. Election at Court-house—Presiding officers—Time of holding, ELECTIONS.* Sec. 1. When and where held. " 2. Fraudulent returns, &c. and general provision-. " 3. Meeting of Legislature. " 4. Elections by ballot. " 5. Presidential elections, , " 6. Voters entitled. " 7. Elections at precincts. " 8. Carriers of returns. " 9. Compensation. " 10. Superintendents. " 11. Their oath. " 12. Duties at polls. ■ " 13. Consolidated returns. " 14. Freeholder's signature. " 15. Oath in doubtful cases. " 16. Constable's duty. " 17. Offenders. " 18. Freeholders' compensation. " 19. Hours for open polls. " 20. Duty of Justices of Peace. " 21. Contested Elections. " 22. Depositions. " 23. Notice.. " 24. Reservation. " 25. Voting out of County .- " 28. General oath. Sec.27. Out of the County. " 28. Freeholders—election by. " 29■ Electors Pres. and V. P. " 30. In case of failure to elect. " 31- Or of Electors to attend. " 32. Senatorial districts. " 33. He trims. " 34. Congressional districts. " 35. Who may vote. " 36. Residents only eligible. " 37. When and where held; • " 38. Governor's proclamation. " 39. Vacancies. " 40. Illegal voting. " 41. Taxes and residence'of members. " 42. Time of closing. " 43. List of voters. " 44. Apportionment of Representatives. " 45. Time of Pres. election. " 46. Changes, Congressional districts. " 47. Changes, Senatorial districts. " 48. Time of Cong, election. " 49. Extra sessions. " 50. New precincts—how made. " 51. Freeholders—election by. " 52. Elections valid. An Act to regulate the General Elections in this State, and to ap¬ point the tune of the meeting of the General Assembly.—Ap¬ proved Feb. 11, 1799. Yol. I. 199. elections for 1. Sec. I. All elections for members to represent this State in General Assembly thereof, and for Representatives in Congress, ronwess shall be held at the Court house or place appointed for holding the to be held Superior Courts in the respective Counties, and the electors thereat ill C0 Court- bouse in shall vote viva voce.f It shall be the duty of any three or more of presiding1^' the Magistrates of each County, not being candidates,! to preside at, Miwiff to at- aiicf make returns of all elections for Senators and Representatives tend. in the General Assembly, and Representatives in Congress ; and the Sheriff of each County, or his deputy,§ is required to attend at such elections, for the purpose of enforcing the orders of the presiding Election?— Magistrates, and preserving good order. That the general elections wben to be spaq pe pgjq annually,|| on the first Monday in October. [The rest of this section, respecting the oaths of voters and the hours of open¬ ing and closing the polls, re-enacted with alterations.] 2. Sec. II. If the superintending Magistrates or officers at such elections shall make a fraudulent return, or they or either of them, *For mode of electing County officers, -see that title. fBy ballot, sec. 4. In all the Counties, with very few exceptions, precincts have been established at places other than the Court house. JOne Magistrate and two freeholders, sec. 10. On neglect or refusal of Magistrates, two freeholders alone, sec. 28. But see Act of 1850, sec. 51. §Or Constable, or other persons appionted, sec. 16. || Biennially, under amended Constitution. ELECTIONS—1799. 233 Fraudulent voting—Exemption from arrest—Congressional election. "while superintending at such election, or any candidate, shall influ- ence or endeavor to influence or persuade any voter not to vote as he^ntt'oob first designed" or intended, or shall take any undue means to obtain tain or mfiu- a vote, he or they shall forfeit for the first offence, $100, to be re- liow proso- covered by information in any Court having jurisdiction thereof; punished? and if a Justice, shall be forever disqualified from serving in the com¬ mission of the Peace ; and if a candidate, shall be thereby incapa¬ citated from serving in the post or place for which he may be elected. That if any person or persons whatsoever, shall, on any day appoint- ^ho shank¬ ed for holding such elections, presume to violate the freedom of such rest, men- election by any arrest, menace, or threat, or attempt to overawe, af- bribe any fright, or force any person qualified to vote, or offer any bribe to in- dayofeioc^0 duce him to vote contrary to his inclination ; or shall, after said elec- afterwards11 tion is over, menace or despitefully use, abuse, or insult any person, a because he hath not voted as he or they might have wished him, every vote', shaii such person so offending,- upon sufficient proof of such violence or over°to "the abuse, menacing, or threatening, before any Justice of the Peace, shall Sup'r Court" be bound over to the Superior Court, himself in $100, and two securi¬ ties in $50 each, to be of good behavior and abide the sentence of And on con- said Court, where, if the offender or offenders are convicted of such ed $ioo, and offence as aforesaid, then he or they shall respectively for each of- mntedCtin fence, forfeit a sum not exceeding $100, and be committed to jail paid- without bail or mainprize, until the same be paid, which said fine so imposed shall be recovered by writ of fieri facias or ca. sa. is¬ sued and signed by the Clerk of said Court under and by virtue of the sentence of the same ; and the Sheriff of the County is hereby Voters nop required to levy such writ forthwith.* That no civil officer shall > d on pain of execute any writ .or civil process -whatsoever, upon the body of any ®500' person qualified to vote at any election as aforesaid, either in his journey to, or return from, or during his stay there upon that ac¬ count, under a penalty not exceeding $500: Provided, he shall not be more than four days on his journey going to, returning from, and stay at the place for holding said election ; to be recovered of and from the officer who shall serve any process or arrest as aforesaid, after such manner and form, and to be disposed of as hereinbefore directed; and all such writs or civil process executed on the body of any person either going to, returning from, or being at the place where such election is appointed within the time before limited, he being qualified to vote thereat, are hereby declared null and void ; co°^rcss to that at the general election, which shall be held for members of the General Assembly on the first Monday in October, 1800, and at every second general election thereafter, the electors at such election shall vote for members to represent this State in the House of Rep- Jchn'Hc|uah resentatives of the United States.-)*. That no-person shall be elect¬ ed a Representative in Congress, who has not been an inhabitant of this State three years next preceding his election, and paid his tax *Sei; Penal Laws, sees. 210, 241, for farther provisions against illegal voting, and buy¬ ing or selling votes. See also sec. 40, this title. fElection now by districts ; see Act of 1843, making further provisions as to Con¬ gressional elections, sec. 33. The year changed by Act of 1850, sec. 48. 30 234 ELECTIONS—1799. Congressional election—In cases of vacancy—Meetings of Legislature. regularly during that time ;* nor shall he hold any office of profit under this State or the United States, during the time for which he whe^ands' may elected a Representative. That the names of the several can- how to be didates be kept on separate papers, and the number and the names of raade" the voters shall be sealed up, together with an accurate state of the poll, under the hands of the presiding Magistrates,! and transmitted by express to his Excellency the Governor, within twenty days af¬ ter closing the poll at such election, who is empowered to draw on the treasury for the payment of such express, not exceeding $2 per The Gover- day. That the Governor or Commander-in-chief, for the time be- up the votes ing, shall, within five days after the expiration of the said twenty pnfciam^ days hereinbefore allowed for making returns, count up the votes nienmerrf 8f from the several Counties, or such of them as may have made re- congress, turns, for each person, and immediately thereafter issue his procla¬ mation declaring the person having the highest number of votes and qualified as aforesaid, to be duly elected to represent this State in and cram the House of Representatives of the United States, and to grant a thereof!1 es certificate thereof, under the great seal of the State, to each of them: jn cases of [Proviso repealed by Act of 1843, sec. 41.] That where any two or crnor thaiT"more persons have an equal and the highest number of votes, [other election^ t*ian ^ose duly elected in the general poll,] then, and in that case, the Governor shall issue his proclamation directing a new election. Time within That in case any person-duly elected, being in this State and noti- ceptance^ fied thereof iu manner herein directed, shall not within twenty days, ni'fiedbe s's~and if out of this State within forty days after such notification, signify his acceptance, or shall depart this life, the Governor or Com¬ mander-in-chief, shall order a new election to be held in like manner writs of as hereinbefore pointed out. That all writs of elections to fill va- hdvacan-0 cancies that may happen lor members of the General Assembly of whtim°direc- this State, or House of Representatives of the United States, shall V**-. , , be directed to the Justices of the Inferior Courts of the respective Justice's da- . . . • i /» i ty therein. Counties, who are hereby required to give public notice thereof, and cause the same to be held in manner and form as hereinbefore point- Three clerks ed out agreeably to such writ. That the presiding Magistrates at any election for members of the General Assembly of this State, or Representatives in Congress, are hereby empowered and required to appoint three clerks to attend the said elections, whose duty it shall be to keep three rolls. J 3. Sec. III. The General Assembly of this State shall, from and after the passing of this Act, meet on the first Monday in No¬ vember annually. || * And live within the district, sec. 36. Tax qualification repealed, sec. 41. f!3y Res. Dec. 14, 1837, the Governor is requested to cause to be printed, copies of blank returns to be transmitted to the Clerk of the Superior Court, in each County, who is required to see that they are properly filled up. Pam. 276. As to transmitting returns, see sec. 8. fOne to be filed in Clerk's office ; see Act of 1845, sec. 43. ||Biennally, under amended Constitution. Three rolls. Legislature to meet on the first Monday in November. ELECTIONS—1799-1824. 235 Yote by ballot—Elections of President and Vice President—Returns, how made and forwarded. An Act supplementary to the foregoing.—Approved Dec. 4, 1799. Yol. I. 202. 4. Sec. I. In future, all elections shall be by ballot. [The rest of this section, directing at what hours the polls shall be opened and i°t.e y a closed, superseded by section 23. For the other sections of this Act, see County Officers, sees. 3 and 4.] An Act to prescribe the mode of choosing the Electors of President and Vice-President of the United States, to which this State is entitled by the Constitution of the United States.—Approved Dec. 18, 1824. Vol. IV. 159. 5. On the first Monday in November, 1828, and on the first Mon- day in November of every fourth year thereafter,* an election shall electors of be held throughout this State, at the several places of holding elec- ^vice tions for Senators and Representatives in the General Assembly, for ^u^ited^ the purpose of choosing Electors of President and Vice-President °f beUected U the United States; which elections shall be opened and closed at the same hour and in the same manner, and shall be superintended and conducted by the same Magistrates and officers, as by law shall be authorized to superintend and conduct the general elections of this State. 6. Sec. II. At the said elections, every person entitled to vote Who shall to 7 j x entitled to for members of the General Assembly, or Representatives to Con- vote, gress, may vote for a number of persons equal to the whole number of Representatives and Senators to which this State may be entitled in the Congress of the United States ; and that it shall be the duty of the Justices or Magistrates presiding at the elections to be held under the authority and according to the provisions of this Act, to returns of make immediate returns to the Governor of the State of the result liiaiue^0" of said elections ; which returns shall clearly exhibit the number ofmade- persons voting for Electors, the number of votes given in, the names of persons voted for, and the number of votes which each may have received. 7. Sec. III. In Counties where by law the votes for members of how, wi^n the General Assembly shall be given at dilferent places, it shall be election - the duty of the persons presiding at the different district elections to count'"/ meet and consolidate the returns of the district elections, as by law required to be done at the-general elections ; which consolidated re¬ turns, exhibiting the result of the elections, as required by the second section of this Act, they shall immediately forward to the Governor of this State.f [Sees. IV, V and VI superseded by Act of 1843, sees. 29, 30, 31.] •Tuesday after the first Monday, see Act of 1845, sec. 45. fElcctors' pay $8 per diem and mileage: resolution of 1836, pam. 29 of Resolutions. 236 ELECTIONS—1828-'30. Superintendents—Their duty and oath. An Act for the payment of such person or. persons as may be em¬ ployed by the Superintendents of the Elections of Electors of President and Vice-President of the United States, of Governor of this State, and Members of Congress, in the several Counties of this State, to take the same to the Seat of Government.—Ap¬ proved Dec. 22, 1828. Vol. IY. 178. The persons 8. From and after the passage of this Act, it shall be the duty of take S the the officers who may superintend the election of Electors of President ernmenwhe and Vice-President of the United States, of Governor of this State, turnsofre all(^ members of Congress in the several Counties of this State, to President transmit by mail to his Excellency the Governor the result of said and Vice V J President of elections, as soon thereafter as practicable ; and in those Counties states, ' where no mail passes within seven days after the elections are deter¬ mined, to the seat of government, it shall be the duty of the aforesaid superintendents of said elections to transmit the same to his Excel¬ lency the Governor, by a special messenger, to be by them employed for that purpose. shaii be paid 9. Sec. II. Such person or persons as may be employed by the cretionofthe officers superintending the elections afqresaid, according to the pro- Executive. visions-of this Act, shall receive for the service by them so rendered such sum as may be deemed by his Excellency the Governor just and proper, and that the same be paid out of the contingent fund. An Act to prescribe the manner of holding elections at the several Election Districts in the several Counties of this State, and to punish those who may defeat or violate the election laws of force in this State.—Approved Dec. 23, 1830. Pam. 105. slpcrimend 19. From and after the first day of June next,, one Justice of the fiimshlcaS!'J!erior Court, or one Justice of the Peace and two freeholders, or district. two of the aforesaid Justices, and one freeholder,* shall superintend the elections, in each and every election district, which now is, or which hereafter may be established in any of the Counties of this State, for the election of Governor, members of Congress, members of the General Assembly, Electors of President and Vice-President, or County officers. • oath of the 11. Sec. II. The freeholders aforesaid shall not be competent to ents!rmtend" superintend the elections aforesaid, until they and each of them shall first have taken the following oath, viz: "I, A B, do solemnly swear (or affirm) that I am a freeholder, resident in this County of , that I will faithfully superintend this-day's election, and make a just and true return thereof,, according to law, and to the best of my ability, so help me God." shaii re- 12. Sec. III. The superintendents, or a majority of them, of co!mtthed district elections in the several Counties of this State shall, and smtwiem^of are hereby required, on the day of the elections by them held, the polls, &c. * Three freeholders, in certain cases ; see Act of 1850, sec. 51. ELECTIONS—1830. 237 Consolidated returns—Oath of voters in certain cases—Constable's duty. in the respective districts, and at the places designated by law, for holding such elections, to receive and count out the votes by tnem taken in, keep a fair statement of the polls, and conduct the elections in all respects, according to the election law of this State now in force, 11th February, 1799, so far as said law is now in force. 13. Sec. IV. It shall be the duty of one, or more of the superin- at tendents of the district elections in the several Counties of this State, t^dd to meet at the Court-house of their respective Counties, on the day returns and after the election, and then and there, together with the superintend- theGovTr'-™ ents of the election held at the Court-house, or a majority of them, nor- and count, compare, and add together the returns' to them produced by the superintendents of the district elections of the County, and return and certify to the Governor the result of the elections for that County, agreeably to the election law of force in this State, passed the 11th day of February, in the year 1799.* 14. Sec. V. All returns of district elections, made by freeholders freeholders in their several Counties, according to the provisions of this Act, jurnl" re~ shall be signed by them as such. 15. Sec. VI. When any doubt shall be suggested as to the le-^'doumoa11 gality of any vote offered at any election, held in any election dis-cases- trict, in any . of the Counties of this State, it shall be the duty of the superintendents of such election, before receiving such vote, to ad¬ minister to the person offering it; together with the oath now pre¬ scribed by law, the following oath, viz : " I, A B, do solemnly swear (or affirm) that I have not this day voted at any election, held at any place in this State, for Governor, members of Congress, Electois of President and Vice-President, members of the Legislature, or County officers, so help me God."f And it shall be the duty of the super- Li?tof aii intendents of such elections, to return to the Clerk of the Inferior "worn to1be Court a list containing the names of all voters, who have taken the ^^ned 10 oath prescribed by this section of this Act, which list shall be filed, in the .office of said Clerk. 16. Sec. VII. The duties of Sheriff, as pointed out by law, at the constable or district elections in this State, shall be performed by any Constable p!!intedVr- or any other person appointed by the superintendents, and that said^1^^1 election shall in all respects, except those herein recited, be conduct- Sheriff- ed in the manner, and with the solemnities, and at the places pre¬ scribed by the laws now in force in this State, regulating general and County elections. 17. Sec. VIII. If any person shall vote at more than one place penalty on of holding elections in any County of this State, at any election for behaving™13" Governor, members of Congress, Electors of President and Vice-Pres¬ ident, members of the Legislature, or County officers,% or if any Justice as aforesaid, or freeholder presiding at any election in any of the districts of any County of this State, shall in manner fail to per¬ form the duties herein required of him, or shall violate the trust herein confided to him; such person, Justice of the Peace or be¬ holder, shall be deemed guilty of a high misdemeanor, and upon *See Act of 1845. fScc sees. 26 and. 27 for other oaths. JSce Penal Laws, sees. 240 and 211 ; Act of 1843, sec. 40, this title. 238 ELECTIONS—1830-'31. Hours for opening and closing polls—Evidence in contested elections. — conviction thereof before the Superior Court, or any of theiri of this State, shall be punished according to an Act, passed in the year 1799, regulating general elections, and the penalties therein prescribed for the violations of the said law by the Magistrate or superintendents, is hereby extended to persons voting contrary to the provisions of this Act. Sec. IX. [Illegal voting, superseded by Penal Code, sees. 240 and 241 ; see sec. 40 of this title.] ^3to super- 18. Sec. X. The Magistrate or freeholder who shall carry the carrying re- district election returns to the Court-house, according to the provi- Court-house sions of this Act, shall, in all the Counties in the Eastern Circuit, ©owntie'i except the County of Bulloch, be allowed the sum of three dollars, to be paid out of the County treasury of the respective Counties of said district, as aforesaid. Hon?n"fand ^EC" '^ie elections held at the several election districts ^?ngprfis. in this State, shall be opened between the hours of seven and ten in the morning, and shall be closed at the hour of six in the evening.* tfn> justices 20. Sec. XII. It shall be the duty of the two Justices of the Peace, can-v this in their respective districts, where precinct or district elections are ftct.'Intoef held, to carry this law into eifect. Sec. XIII. All laws or parts of laws militating against this Act are hereby repealed. An Act to regulate the future Elections of Members of Congress in this State.—Approved Dec. 23, 1831. Pam. 124. [The provisions of this Act superseded by the district system.] An Act prescribing the manner of taking testimony in cases where any person intends contesting the seat of any member returned as elected a Senator or Representative oj the Legislature of this State. Approved Dec. 24, 1831. Pam. 132. either party ^1. Sec. I. When any person hereafter intends to contest the eutitied to 5 seap 0f aily person returned as elected a member of the House of days' notice J f fa • of the taking Representatives or of the Senate, the person intending to contest or tion^!>0i,1~ object to the seat of the member or members of the House of Repre¬ sentatives or of a Senator who may have been returned as elected, shall give the adverse party five days' notice in writing with the name of the witness or witnesses, and the place where he intends to take the testimony, so that he may appear at the time and place, to put cross questions if he thinks proper; and the person returned as elect¬ ed, shall, where he intends to take testimony, give the other party notice in like manner; Provided, nothing herein contained shall be so construed as to prevent either party from attending in person or by attorney. *By Act of Dec. 4, 1799, from 7 a. m. to 6 p. m. Vol. I. 202; see Act of 1843, chang¬ ing the time of closing to 5 p. m. sec. 42. ELECTIONS—1833-'35. 239 —a Evidence in contested elections—Oaths of voters. a. 22. Sec. II. Where either party intends to take testimony, going to prove the legality or illegality of a vote given to either, or the accordingly, constitutionality of his qualifications, the same shall be taken in man¬ ner aforesaid, and within twenty days after the election, and not af- ^™^Uon' ter that time. 23. Sec. III. The person intending to contest the seat of any Five jnember of either branch of the General Assembly of this State, or intention J object to the same, shall before he proceeds to take any testimony, so^°saile give five days' notice to the member or members of the House of Representatives, or member of the Senate, in writing, of his inten¬ tions of contesting their seat or seats, and the testimony taken in manner aforesaid, shall be taken and acted upon in such manner as either branch of the Legislature may deem best calculated to insure justice to the parties. 24. Sec. IV. Nothing in this Act shall be so construed as to re- not to affect peal or in anywise destroy the operation of the several laws now in law 2 ect'un force regulating the election of members to the General Assembly of this State. An Act to authorize the citizens of this State to vote in contain cases, out oj the Counties in which they reside.—Approved Dec. 21, 1833. Pam. 94. 25. In all elections hereafter to be held for Governor, or Electors voter* may .of President and Vice-President of the United States, and upon all county questions and subjects whereon the voice of the people of Georgia may be desired to be expressed, it shall and may be lawful for any citizen of this State who may be entitled to vote for such officers or upon such questions in the County of which he is a resident, to vote for or upon the same, in any County of this State : Provided, he shall not have voted elsewhere for such officer, or upon such question or subject. An Act to alter and amend the Oath to be administered to Voters at Elections in this State.—Approved Dec. 22, 1835. Pam. 160. 26. Sec. I. That from and after the passage of this Act, the oath of T,> oath required by law to be administered to voters at elections for of members of the Legislature, and other civil officers of this State, shall be as follows : I, , do solemnly swear or affirm (as the case may be) that I have attained to the age of twenty-one years ; have paid all legal taxes which have been required of me, and which I have had an opportunity of paying according to law ; that I am a citizen of the United States, and have usually resided in this County for the last six months, and have considered it my home or place of residence during that period, so help me God. 27. Sec. II. Where any person applies to vote for Governor, out of their members of Congress, or Electors of President and Vice-President of Cou,lty- the United States, out of the County where he resides, and the pre- 240 ELECTIONS—1835. Oaths—Justices failing-, freeholders superintend—Proceedings on failure to elect Electors. siding Magistrates shall have doubts as to his right to vote, they shall administer to him the following oath, I, , do solemnly swear or affirm (as the case may be) that I have attained to the age of twenty-one- years ; am a citizen of the United States, and have usual¬ ly resided in this State for the last six months, and have considered it my home or place of residence during that period ; and have paid all legal "taxes which have been required of me and which I have had an opportunity to pay agreeably to law, so help me God. An Act to compensate the. Superintendents of Precinct Elections in the County of Troup, and to change the place of holding the Precinct Election west of Chattahoochee from Cross? store to the west hank of the Chattahoochee river, at the Town of Vernon in said County,r— Approved Dec. 21, 1835. Pam. 89. 5 Sec. I. II. and III. [Local, relating to the County of Troup.] justices fail- 28. Sec. IY. Whenever the Justices of the Inferior Court, or the tym?ybodu Justices of the Peace shall refuse or neglect to organize and carry on f«:eiioidersiy t^ie e^cct^011 at Court house of any County or at any precinct ac¬ cording to law, by the hour of ten in the morning of such election, day, that then and in that case it shall and may be lawful for any two or more freeholders of the County to hold said election, and re¬ ceive all lawful votes tendered, and the votes so received by the said freeholders shall be received and counted in making up the result of said election.* • " < An Act to amend an Act entitled an Act to prescribe the mode of choos¬ ing the Electors of President and, Vice-President of the United Stales, to which this State is entitled by the Constitution of the United States, passed Dec. 18th, 1824.——Assented to Dec. 23, 1843. Pam. 53. votes for 29. Sec. I. Be it enacted, That it shall be the duty of the Gov- countcd.10 bG ernor on the 18th day after said election shall have taken place, to make out a consolidated return of the number of persons voting for Electors, the names of the persons voted for, and the number of votes Notice to received by each, and immediately to notify those persons who may those eiect'd. j^aye received a number of votes amounting to a majority of the per¬ sons who shall have voted for Electors, of their election, and require their attendance at the time and place required by law, to vote for Consolidat'd a President and Yice-President of the United States—said consolidat- letum. ecj return, when so made out, shall be laid before the General Assem¬ bly, if in session. on failure to 30. Sec. II. In the event that a majority of the number of Elec- elect tors to which this State may be entitled at any election for President and Yice President, shall not have received a majority of the votes polled as aforesaid, and there being no General Assembly in session, *Bv>t see Act of 1850, sec. 51. ELECTIONS—1843. 241 Proceedings 011 failure to elect Electors—Senatorial Districts. it shall be the duty of the Governor to convene the General Assem- Gf,n1e,rai As- J . sombly if not bly, which when assembled, shall proceed by joint ballot to the elec- jn session to tion of Electors for President and Yice President of the United States ; but in the event that at least a majority of the whole number of Electors to which this State may be entitled, shall be elected in man¬ ner aforesaid, then and in that case, it shall be the duty of the Elec¬ tors so elected, or a number of them amounting at least to a majority a majority of the whole number to which this State may be entitled, to fill by cancies. va ballot at the time and place appointed by law for the meeting of the Electors, any vacancy that may exist in their body, either by non- election of the full number, resignation, failure to attend, refusal to act, or from any other cause whatever.. 31. Sec. III. In the event that at least a majority of the whole on failure to number of Electors to which the State may be entitled, at any elec- majority tion, shall be elected in manner aforesaid, and from any cause what- "ai'^^mbiy ever a majority of said whole number shall not attend at the time to be con- and place appointed by law for casting their votes for President and Vice President of the United States to fill vacancies in their body, and cast their votes as aforesaid, or when a majority of said Electors shall not be elected, it shall be the duty of his Excellency the Gov¬ ernor forthwith to convene the General Assembly, who shall by joint ballot proceed to fill any vacancy or vacancies which may have oc¬ curred, in any manner whatever, in their body. An Act to carry into effect the alterations and amendments made at this session of the General Assembly, in a,nd to the third and seventh sec¬ tions of the first. Article of the Constitution of this State.—Assented to Dec. 23, 1843. Pam. 17. Sec. I. [Repealed by Act of Dec. 27, 1845.] 32. Sec. II. The Senate shall consist of forty-seven members, senatorial to be elected, one from each of the Districts hereinafter mentioned, ifa nc s' to wit: The first, to consist of the County of Chatham. The second, to be composed of the Counties of Bryan and Lib¬ erty.* The third, to be composed of the Counties of Mfllntosli and Glynn. The fourth, to be composed of the Counties of Wayne and Cam¬ den. The fifth, to be composed of the Counties of Ware and Lowndes. The sixth to be composed of the Counties of Appling and Mont¬ gomery. The seventh, to be composed of the Counties of Tatnall and Bul¬ loch.* The eighth, to be composed of the Counties of Effingham and Scriven.* The ninth, to be composed of the Counties of Burke and Eman¬ uel.* *Changed by Act of 1850, sec. 47. 31 ELECTIONS—1843. Senatorial Diatru'ts. The tenth, to be composed of the Counties of Laurens and Wil¬ kinson. The eleventh, to be composed of the Counties of Telfair and Irwin. The twelfth, to be composed of the Counties of Decatur and Thomas. The thirteenth, to be composed of the Counties of Baker and Early.* The fourteenth, to be composed of the Counties of Randolph and Stewart.* The fifteenth, to be composed of the Counties of Lee and Sum¬ ter.* The sixteenth, to be composed of the Counties of Muscogee and Harris.* The seventeenth, to be composed of the Counties of Houston and Macon.* The eighteenth, to be composed of the Counties of Talbot and Marion.* The nineteenth, to be composed of the Counties of Pulaski and Dooly.* The twentieth, to be composed of the Counties of Twiggs and Bibb* The twenty-first, to be composed of the Counties of Washington and Jefferson.* The twenty-second, to be composed of the Counties of Richmond and Columbia. The twenty-third, to be composed of the Counties of Warren and Talliaferro. The twenty-fourth, to be composed of the Counties of Hancock and Baldwin. The twenty-fifth, to be composed of the Counties of Putnam and Jones.* The twenty-sixth, to be composed of the Counties of Monroe and Pike* The twenty-seventh, to be composed of the Counties of Crawford and Upson. The twenty-eighth, to be composed of the Counties ef Meriwether and Coweta.* The twenty-ninth, to be composed of the Counties of Troup and Heard.* n*. The thirtieth, to be composed of the Counties of Carroll and Camp¬ bell* The thirty-first, to be composed of the Counties of Fayette and Henry.* The thirty-second, to be composed of the Counties of Butts and Jasper'.* The thirty-third, to be composed of the Counties of Newton and Walton.* The thirty-fourth, to be composed of the Counties of Morgan and Greene. ♦Changed by Act of 1850, sec. 47. ELECTIONS—1843. 243 Senatorial Districts—Congressional Districts. The thirty-fifth, to be composed of the Counties of Wilkes Lincoln. The thirty-sixth, to be composed of the Counties of Elbert and Franklin.* The thirty-seventh to be composed of the Counties of Oglethorpe and Madison.* The thirty-eighth, to be composed of the Counties of Clarke and Jackson.* The thirty-ninth, to be composed of the Counties of Gwinnett and DeKalb* The fortieth, to be composed of the Counties of Paulding and Cass. The forty-first, to be composed of the Counties of Cobb and Cherokee. The forty-second, to be composed of the Counties of Forsyth and Hall* The forty-third, to be composed of the Counties of Habersham and Rabun. The forty-fourth to be composed of the Counties of Lumpkin and Union. The forty-fifth, to be composed of the Counties of Gilmer and Murray. The forty-sixth, to be composed of the Counties of Walker and Dade. The forty-seventh, to be composed of the Counties of Floyd and Chattooga. 33. Sec. III. The managers of elections in the several Counties Managers ^ in this State, shall be required to meet at their several Court houses, tt0arn^)11rvf as now prescribed by law, and count up the votes polled for Senator turn, at the several election districts in their respective Counties, and trans¬ mit a return of the same to the "Governor, who shall examine said returns, and the person having the highest number of votes, shall be ProeIam.^ declared Senator in the manner above pointed out, and the Governortion of GoT r ' ernot. shall give notice of the same by proclamation. Sec. IV. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to lay off and divide the Slate into eight Congressional dis¬ tricts ;f and to point out the mode of electing members to Congress in each district; and to provide against illegal voting.—Assented to Dec. 23, 1843. Pam. 54/ 34. Sec. I. Be it enacted, That from and after the passage of Conprw;_ this Act, the State of Georgia shall be laid off into eight Congres- dji- sional districts, in the following manner, to wit: Sec. II. That the Counties of Camden, Glynn, Wayne, Mcln-Ftretl tosh, Liberty, Bryan, Chatham, Effingham, Bulloch, Montgomery, •Changed by Act of 1850, sec. 47. +Former Act. 182,5, Vol. 1\ . 1(51, repealed 1826. lb. 168. 244 ELECTIONS—1843. Congressional Districts. Tatnall, Appling, Ware, Laurens, Emanuel, Lowndes, Telfair, and Thomas, shall compose the first district.* second. That the Counties of Houston, Decatur, Early, Baker, Lee, Ran¬ dolph, Stewart, Sumter, Dooly, Muscogee, Marion, Macon, Irwin and Pulaski, shall compose the secoijd district. Third. That the Counties of Harris, Talbot, Crawford, Twiggs, Upson, Monroe, Bibb, and Pike, shall compose the third district.f Fourth. That the Counties of Troup, Meriwether, Heard, Coweta, Fay¬ ette, Campbell, Carroll, Henry, and Newton, shall compose the fourth district. % Fifth_ That the Counties of Dade, Walker, Chattooga, Floyd, Cass, Paul¬ ding, Murray, Gilmer, Cherokee, Cobb, DeKalb, Gwinnett, and For¬ syth, shall compose the fifth district.^ sixth. That the Counties of Union, Lumpkin, Habersham, Rabun, Franklin, Hall, Jackson, Madison, Elbert, Clarke, and Walton, shall compose the sixth district. j| seventh. That the Counties of Morgan, Green, Talliaferro, Putnam, Jasper, Butts, Jones, Baldwin, Wilkinson, and Oglethorpe, shall compose the seventh district.If Eighth. And that the Counties of Wilkes, Lincoln, Columbia, Richmond, Burke, Scriven, Jefferson, Warren, Hancock, and Washington, shall compose the eighth district.** Residents in 35. Sec. III. All persons residing in each of the congressional tovotc.tnct districts aforesaid, entitled under the laws of this State to vote for members to Congress, shall be entitled to vote for one member to represent the district in which he may reside, in the Congress of the United States, and no more. residents 3(5. Sec. IV. No person shall be eligible to represent any of the ajone eim- ga^ congressional districts, who does not at the time of his election, reside within the said district; nor shall any person be entitled to vote for a member to Congress, in any district other than the one in which he resides. elections— 37. Sec. V. All elections for a member to Congress shall be held where11'held, at the time prescribed by existing laws,ft for members to Congress, and shall be held at the places or election precincts in each County composing said districts as are or may hereafter be established by law for holding elections for members to the State Legislature, and conducted and returned in the same manner as is now prescribed by law for the election of members to Congress. governor's 38. Sec. VI. The person having the highest or greatest number proclcHQn— 1u tion. " of votes in each of their respective districts, shall be declared by proclamation from the Governor, duly elected, and commissioned ac¬ cordingly, under the provisions of the laws of this State, touching the election and qualification of members to Congress. * Scriven added, Laurens taken away, sec. 46. fButts, Jasper, Jones, and Wilkinson added, and Harris taken away, sec. 46, ^Harris and DeKalb added, Newton taken away, sec. 46. §Union and Lumpkin added, DeKalb taken away, sec. 46. ||Newton added; Union, Elbert, and Lumpkin taken away, sec. 46. •ifHancock, Washington, and Laurens added ; Butts, Jasper, Jones, and Wilkinson taken away, sec. 46. ** Elbert added ; Hancock, Washington, and Scriven taken away, sec. 46. ffBut see Act of 18-10, sec. 18. ELECTIONS:—1843-'45. 245 Congressional election—Tijne of closing polls—List ot voters. 39. Sec. Yil. When any vacancy may happen in any or either Vacancy— of said districts, by death, resignation, or otherwise, for a member to how fllled' Congress, such vacancy shall be filled by. the persons of the district entitled to a vote, agreeable to the provisions of the ninth section of this Act. Sec. VIII. [Temporary.] 40. Sec. IX. Any person who shall vote for a member of Con- penalty for gress, under this Act, in any other district than the district in which !ngfa! vot he may reside at the time of voting, or may be legally entitled to vote, or shall vote more than once in his own district, at the same election, shall be guilty of a misdemeanor ; and on conviction there¬ of, shall be punished by fine of not less than one hundred dollars, nor more than five hundred dollars, at the discretion of the Court. 41. Sec. X. So much of the Act approved on the 11th day of certificate February, 1799, as provides in the second section thereof, that noandresf certificate c-r ccmmission shall issue to or for any such person so elect- pensedwTth. ed until satisfactory proof is produced that the tax of such person has been regularly paid, and that he has actually had the residence therein prescribed, be and it is hereby repealed. Sec. XI. All laws and parts of laws, militating against this Act, be and the same are hereby repealed. An Act to change the time of closing the polls at the several election precincts, in the several Counties in this State.—Assented to Dec. 27, 1843. Paiii. 51. 42. Sec. I. Be it enacted, That from and after the first day of time of February next, the time of closing the.polls at the several election polls'5p. m. precincts in the several Counties in this State, be changed from six o'clock to the hour of five in the afternoon; any law to the contra¬ ry notwithstanding. An Act to compel the superintendents of elections held for Governor, Members of Congress, Senators and Representatives in the State Legislature, to file in the office of the Clerk of the Superior Court, one list of the voters at said elections.—Approved Dec. 10, 1845. Paul. 26. 43. Sec. J. Be it enacted, That hereafter the superintendents of list of vot- clections held for Governor, members of Congress, Senators and edincLk's Representatives in the State Legislature, shall file in the office ofoffice- the Clerk of the Superior Court of the Comity where such elections may he field, one list of all the voters who may have voted at said elections within the Comity, which said list shall be kept by said Clerk for public inspection. Sec. II. All laws and parts of laws militating against this be and the same are hereby repealed. 246 ELECTIONS—1845-50. Apportionment of Representatives—Congressional Districts. An Act to apportion the Representatives among' the several Counties of this State, according to the. seventh section of the first a rticle of the Constitution.—Assented to Dec. 27. 1845. Pain. 16. Apportion- 44. Be it enacted, That until the next apportionment of Repre- "os«ntatw»8. sentatives among the Counties of this State, the representation of the several Counties shall be as follows, to wit: The Counties of Bibb, Burke, Cass. Chatham, Cherokee. Clarke, Columbia, Cobb, Coweta, DeKalb, Elbert, Franklin, Greene. Gwinnett, Habersham, Harris, Henry, Houston, Jasper, Lumpkin, Merriwether, Monroe, Muscogee, Newton, Oglethorpe, Pike, Putnam, Randolph, R ichmond, Stewart, Talbot, Troup, Upson, Walton, Warren, Washington, and Wilkes, being the thirty-seven counties having the greatest repre¬ sentative population, shall each have two Representatives ; . and the Counties of Appling, Baker, Baldwin, Bryan, Bulloch, Butts, Cam¬ den, Campbell, Carroll, Chattooga, Crawford, Dade, Decatur, Dooly, Early, Effingham, Emanuel, Fayette, Floyd, Forsyth, Gilmer, Glynn, Hall, Hancock, Heard, Irwin, Jackson, Jefferson, Jones, Laurens, Lee, Liberty, Lincoln, Lowndes, Macon, Madison, Marion, Mcin¬ tosh, Montgomery, Morgan, Murray, Paulding, Pulaski, Rabun, Scriveu, Sumter, Talliaferro, Tatnall, Telfair, Thomas, Twiggs, Union, Walker, Ware, Wayne and Wilkinson, shall be entitled each to one Representative. An Act to alter the time for the election of Electors of President and Vice President of the United States.—Approved Dec. 27, 1815. Pam. 45. Election of 45. Be it. enacted, That the election of Electors of President ao7"vic« and Vice President of the United States, shall hereafter be held on Tuesday1 a" the Tuesday next after the first Monday in November, of the year dayfi£iNovn'whHh they are to be elected ; and that all laws now of force in relation to said election, shall apply to that day instead of the day heretofore fixed by law. An Act to alter arid amend an Act. entitled an Ac' to lay off and divide the State into eight Congressional Districts, and to point out the mode of electing members to Congress in each District, and to provide against illegal voting, assented to December 2*3, 1843. Approved Feb. 22, 1850. Pam. 115. congees in ^EC' ^e ^ enacted, That from and after the passage of Bionai dis- this Act, the County of Seriven shall be added to and compose a part tricu. congressjona] district ; that the Counties of Butts, Jasper, Jones, and Wilkinson, shall be added to and compose a part of the third congressional District; that the Counties of Harris and DeKalb, shall be added to and compose a part of the fourth congressional district ; that the Counties of Union and Lumpkin, shall be added to and compose a part of the fifth congressional district; that the Coun- ELECTIONS—1850. 247 Senatorial. Districts. ty of Newton, shall he added to and compose a part of the sixth congressional district, that the Counties of Hancock, Washington and Laurens, shall be added to and compose a part of the seventh congressional district, and that the County of Elbert, shall be added to and compose a part of the eighth congressional district. Sf.c. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to alter and amend an Act entitled an Act to carry into effect the alterations and amendments at tins session of the General Assembly, (to wit, the session of 1843,) in and to the third and seventh sections of the first article of the Constitution of this State, assented to twenty-third December, 1843, so far as relates to the Senatorial Districts.—Approved Jan. 21,1850. Pam. 367. 47. Sec. I. Be it enacted, That from and after the|passage of changes in this Act, that the second senatorial district of this State shall be com- dis«irt"al posed of the Counties of Liberty and Tattnall, the seventh senatorial!®™"^ district shall be composed of the Counties of Bulloch and Scriven, the eighth senatorial district shall be composed of the Counties ofEi&ht^ Effingham and Bryan, the ninth senatorial district shall be composed Ninth, of the Counties of Burke and Jefferson, the thirteenth senatorial dis- Thirteenth, trict shall be composed of the Counties of Early and Randolph, the fourteenth senatorial district shall be composed of the Counties of Fourteenth. Stewart and Muscogee, the fifteenth senatorial district shall be com- Fifteenth, posed of the Counties of Lee and Baker, the sixteenth senatorial sixteenth, district shall be composed of the Counties of Troup and Harris, the seventeenth senatorial district shall be composed of the Counties of Seventeenth Houston and Pulaski, the eighteenth senatorial district shall be com- Eighteenth, posed of the Counties of Marion and Macon, the nineteenth senato- Nineteenth, rial district shall be composed of the Counties of Dooly and Sumter, the twentieth senatorial district shall be composed of the Counties of Twentieth. Twiggs and Jones, the twenty-first senatorial district shall be com-Twenty-first posed of the Counties of Washington and Emanuel, the twenty-fifth Twentyfifth. senatorial district shall be composed of the Counties of Putnam and Jasper, the twenty-sixth senatorial district shall be composed of the Tw>ty-si*tii. Counties of Monroe and Bibb, the twenty-eighth senatorial district Tw'tycigbtn shall be composed of the Counties of Meriwether and Talbot, the twenty-ninth senatorial district shall be composed of the Counties ofTw'tyninth. Heard and Carroll, the thirtieth senatorial district shall be composed Thirtieth, of the Counties of Campbell and Coweta, the thirty-first senatorial Thirty-first, district shall be composed of the Counties of Fayette and DeKalb, the thirty-second senatorial district shall be composed of the Counties Thirty-so«M. of Butts and Pike, the thirty-third senatorial district shall be com- Thirty-third, posed of the Counties of Newton and Henry, the thirty-sixth senatorial Thirty-sixth, district shall be composed of the Counties of Franklin and Madison, the thirty-seventh senatorial district shall be composed of the Coun- Thirtysev'th ties of Oglethorpe and Elbert, the thirty-eighth senatorial district Thirtyeighth shall be composed of the C unities of Clarl e and Walton, the thirty- ninth senatorial district shall be composed of the Counties of G win-Thirty math. 248 ELECTIONS—1850. Congressional Election—Precincts established. Forty-see'd. netf- aild Forsyth, and the forty-second senatorial district shall be composed of the Counties of Hall and Jackson. Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to change the time of holding Elections for Members to re¬ present the people of this State in the Congress of the United States.—Approved Feb. 6, 1850. Pam. 161. congres- 48. Sec. I. Be it enacted, That from and after the passage of tion!nei85i, this Act, the election for members of the United States Congress two ywrs shall be held on the first Monday in October, in the year eighteen thereafter, hundred and fifty-one, and on the first Monday in October every two years thereafter, any law, usage or custom to the contrary notwith¬ standing. if an extra 49. Sec. II. In case of an extra session of the Congress of the mavord«°v' United [States] before the first day of November in any year in an election, which said election is to take place, as provided in the foregoing sec¬ tion, it shall be the duty of his Excellency the Governor to issue his proclamation, ordering an election for Representatives in Congress in time for such extra session, on such a day as he may deem advisable, and the election held on such day, shall be held, conducted and the proper returns made to the Governor, as if the same were held at the regular time fixed by law. Sec. III. All laws or parts of laws militating against this Act be, and the same are hereby repealed. An Act to abolish, change and establish new election precincts in the Counties hereinafter named, and to confer certain powers upon the Inferior Courts, and to authorize three freeholders to manage and superintend elections in certain cases.—Approved Feb. 11, 1850. Pam. 164. [Sees. I to XVIII, local.] infr court 5'). Sec. XIX. The Inferior Courts of the several Counties in in if and*b" State shall have power to establish election precincts in their change eiec- respective Counties, not to exceed one in each militia district, and to cincts!6" change the same upon the recommendation of the Grand Jury. Three free- Sec. XX. In each election precinct in this State, it shall be superintend'' lawful for three freeholders to manage any election which may be elections. held in such district, in case there is no Justice of the Inferior Court or Justice of the Peace present ; and in any such case either of such freeholders shall he authorized to administer any oath which it is necessary to administer for the purposes of such election; and the said three freeholders shall certify said election, as in other cases, which shall be as valid as if it had been conducted by a Justice of the Inferior Court or Justice of the Peace and two freeholders. Electionvai- ^2- Sec. XXL At said election,precincts there may be held elec- id- tions for Governor, members to Congress, Electors of President and Vice-President of the United States, members to the State Legisla¬ ture, and all County officers. ESCHEATS—1801. 249 C. C. 0. Collector—Bond—Oath. [Statutes omitted as obsolete, repealed, or superseded. Provincial Act of 1761, Watk. 67; 1789, lb. 387 ; 1790, lb. 419; 1791, lb. 454; 1796, lb. 611; 1799, Yol. 1.397; 1801, Yol. II. 3; 1811, Vol. III. 267 ; 1813, lb. 268 ; 1816, lb. 268 ; 1817, lb. 270.] Hesoltjtiosts.—In 1837, pam. 276, in consequence of the many illegal returns, the Governor was requested to have copies of blank returns printed and transmitted to the Clerks of the Superior Court in each County, who were required to assist the Magis¬ trates in making up their returns. -ESCHEATS.* Sec. 1. Escheator—Oath. , " 2. 'Duty, pay, &c. " 3. Claims—Trial. " 4. Suits by Escheator. " 5. Eights of Creditors, &c. " 6. Misconduct of Escheators. . " 7.'Estates'of Aliens. " 8. Notice to Creditors. " 9. Payment by Escheators. " 10. Eepealing clause. " 11. Devises to1 Aliens. An Act to regulate Escheats in this State, and to appoint Escheators. Approved Dec. 5, 1801. Yol. II. 24. ' 1. Sec. I. The Clerk of the Court of Ordinary in each County cierk ot ct be, and he is hereby required to take upon himself, and execute the ]4rdtiw cs- duties of Escheator, for the purposes, and after the manner' hereinaf-theator- ter mentioned and prescribed; that is to say, every Clerk of the Court of Ordinary in each County, shall give bond, with good and?hall .vg sufficient securities, payable to, and taken by the Governor for the bond andse- time being, for the use of the State, which shall be recorded in the $io,ooo.m Secretary's office of this State, in the penal sum of ten thousand dol¬ lars for himself and sureties jointly and severally, and conditioned for the faithful discharge of the duties of said office, and shall more¬ over take the following oath, to be administered by the Governor or any of the Judges of the Superior Court, at the time of taking said Their oath, bond, to wit: " I, A B, do solemnly swear that I will faithfully execute the duties of Escheator, lor the State of Georgia, and diligent inqui¬ ry make for all property which hath escheated, or shall escheat to the State, according to the true intent and meaning of the Act, in this case made and provided, so.help me God." *For various Acts conferring privileges on. aliens, see title " Foreigners." 27 Sec. 12. Escheat sales. " 13. Personalty Escheating. " 14. Aliens' property. " 15. Oath on Inquest. " 16. On trial of claim. " 17. Form of proceeding. " 18 . Solicitor Cjreneral's duty. " 19. Disposition of money. " 20. To whom paid. " 21. Eights of Heirs. 2n0 ESCHEATS—1801. Duty—IhwceUngs—Rights of claimants. Scbe^.rhS! 2. See. II. Where it shall appear that, any person lias ilied with¬ out will and without heirs,* leaving property behind :f that then and in such ease it shall be the duty of the Escheator of the County in which such person shall have died, to make inquiry of all the estate, both real and personal, of which the deceased died seized and pos¬ sessed. and to notify the same in writing to the Escheator of every other County in which the said deceased, at the time of his death may have held, or been possessed of any estate, either real or personal, and thereupon it shall be the duty of the Escheator of the County in which such person shall have died, and of every other Escheator so notified as aforesaid, to make a true and just statement of all the pro¬ perty so far as comes to his knowledge, which the said deceased may have been seized and possessed of in his County, and notify the same to the Judge of the Superior Court, at least two months previous to the inIladl'ia" or being beyond the limits of the United States, until three years after such disabilities shall be removed. 6. Sec. YI. If auy escheator shall fail to do the duty required of liirn by this Act, or auy loss or damage shall accrue to this State by furmiscon- his misconduct or fraudulent practices, the offender shall be responsible auct' for all sifch loss or damage : and the Superior Court of the County wherein the offender resides, shall have power and authority to order a prosecution in the name of the State, and the Jury shall try the *See sees. 18, 19, 22, 23. fFor oath of Jury, see sec. 16. 252 ESCHEATS—1801-'5. Misconduct of Escheator—Aliens—Notice to creditor:-1. fact. and assess the damages and costs, and upon conviction, such escheator shall be incapable for ever thereafter of holding any place chas?n"U~n tmst or P1'0^ within this State ; and further, that no escheator escheated shall directly or indirectly, either by himself or any person whatso- property. ever? pUrc}iase or be concerned with any person or persons, in purchas¬ ing any escheated property, without being subject and liable to the payment of five thousand dollars, to be sued for and recovered in any Court of record, one-half for the benefit of the informer who shall sue for and recover the same, and the other half to the use of the State; and moreover, that every such offender on conviction, shall be forever disabled from holding any office of trust or profit under this State.* An Act to amend an Act entitled " An Act to regulate escheats This Act approved Dec. 5, 1805. Yol. II. 257. The duty of 7. Sec. I. From and after the passing of this Act, it shall be ordmar" ot the duty of the Court of Ordinary, when any alien,* resident or non- aii!fn°die" resident, shall depart this life, intestate, and without heirs, in this without win State or the United States, to cause the estate and effects of such and with- ' out heirs-, alien, without delay, to be safely collected, and a just and true in¬ ventory and appraisement thereof to be made ; and after giving twen¬ ty days' notice, by advertisement in one of the public gazettes of this State, and at two or more public places in the County where such alien shall die, shall cause the said estate to he sold at public auction, and the proceeds of such sale to be paid into Court, to be applied and disposed of in manner hereinafter mentioned.f After the mo- 8. Sec. II. After such sale as above mentioned shall nave taken 12 moifthV"'place, and the proceeds paid into Court, it shall be the duty of the given6to" be said Court of Ordinary, and the said Court is hereby required to creditor:.:, cause public notice to be given, by advertisement, for the creditors of such deceased to come forward, within twelve months after the pub¬ lication of such notice, and prove their debts to the satisfaction of the said Court; and after the expiration of the said twelve months, the said Court shall proceed to examine and ascertain the total amount who shall due such creditors, and shall pay and satisfy each of the said creditors proportion to in whole or in part, as the estate of the deceased will admit, and the tne lundo. surpjllS) rf aily; after such payment as aforesaid, shall be disposed of as is directed by the escheat law. eschcators 9. Sec. III. The several escheators of this State, who have or 10 ''into'the may hereafter have or receive any moneys arising from the sales of court of or-such estates as aforesaid, shall, upon the requisition of the Court of Ordinary of the County, pay such moneys into the said Court, within twenty days after he shall be required so to do by the said Court; and in default thereof, shall forfeit and pay double the sum which such escheator shall have received, and have in his hands as aforesaid, ♦This Act applies; only to such escheated estates as belbnged to aliens. The reason why there should be this distinction between such estates, and all other escheated pro¬ perty, as provided for in the Act of 1801, is not very apparent.—Prince. fEut see sec 14. As to the privileges and immunities of aliens, see title "Foreigners." ESCHEATS—1810. 253 Lands devised to-aliens—Escheat sales to be recovered by action of debt in any Court having jurisdiction thereof.* 10. Sec. IV". The Act " to regulate escheats," so far as the ^®P°aliIls same militates with this Act, be, and the same is.hereby repealed. An Act to explain and amend the excheai laws.—Approved Dec. 15, 1810. Yol. II. 665. Whereas, the escheators in many Counties of this State are caus¬ ing vexatious law-suits, by pointing out property not contemplated by the escheat law of 1801; to wit, the estate of citizens of this State, who bequeathed their estates to persons residing in foreign parts : for remedy whereof, 11. S eg. I. Be it enacted, S/c. That in all cases where a citizen lands devis- of this State, or of the United States, shall die, or may have died, zenst""' possessed of or entitled to any real estate, and shall leave no heir who j^ouTand can inherit the same, because of his or her being alien ;f that in suchthe alien? i -i i in i iii -ii i • may receive case the said real estate shall not be held or considered subject to the proceeds, escheat, but the executor or administrator of such deceased citizen shall and may proceed in the manner pointed out by law, to make sale of such real estate, and pay over the proceeds of such sale to the devisee or devisees named in the will of such deceased citizen, or to , the legal representatives of such deceased citizen : provided always nevertheless, that nothing herein contained shall be so construed 'to Proviso, not affect cases where the escheator in any County shall have already prevh>usrb proceeded to make a disposition of property under the escheat laws sales'&c- of this State, and the proceeds thereof shall actually have been paid into the Treasury of this State. 12. Sec. II. In all cases where a citizen has heretofore died, escheat J stiics wnen leaving real estate as before mentioned, and shall have made a dis- good.' position thereof by will, and the executor or executors of such de¬ ceased citizen have proceeded to make sale of such real estate for the benefit-of the heirs of such deceased citizen, such sales shall be, so far as it regards the title of such deceased citizen, held and consider¬ ed valid and legal, any law to the contrary notwithstanding. 13. Sec. III. No personal estate of any deceased person shall be Personal es- considered subject or liable to escheat in this State, except in cases escheats, where such deceased person shall have made no disposition of the same by will, and shall have no legal representatives to inherit the same 4 14. S ec. IY. Perishable articles of aliens shall be sold after giving Perishable twenty days' notice in two or more places in the County where such aliens?7 ° articles may be ; the other property of such alien shall be disposed of agreeable to the escheat Act of 1801. *But see sees. 18, 19, et seq. fSee further as to privileges and disabilities of aliens, title "Foreigners." J As to illegitimate children, see " Executors, Administrators," &c. sec. 27. 254 ESCHEATS—1817-19. Oath oi' Jury—Practice—Duty of Attorney ancl Solicitor General. An Act prescribing the oaths to be taken by Juries in certain trials under the several Acts to regulate escheats, and to authorize the Judges of Superior Courts to adopt the necessary forms of process and other proceedings to carry the said dchs into effect.—Approved Dec 19, 1817. Vol. III. 277. 15. Sec. I. The oath to be taken by the Jury upon an inquest oatii ofth« of office, touching escheated property, such as is described' in the queV'L'tj second section of an Act, entitled "An Act to regulate escheats iu^p°Jty_d this State, and to appoint escheators," passed the 5th day of Dec. • 1801, shall be as follows: "You shall true inquest make, touching the escheat of such property as may be given you in charge, and a true verdict give according to evidence : So help you God." 16. Sec. II. When any property returned by the escheatoi' is o.-uh of tha claimed by any person or persons, pursuant to the third section of the trnio!V''e above recited Act, and an issue is made up thereon, the oath to be clit'/itea0 e'" administered to the Jury upon the trial of such issue shall be as fol- i"'oP°rty- lows : " You shall well and truly try this issue of escheat between the State of Georgia and , [here insert the name of the claimant or claimants,] and a true verdict give according to evidence : so help you God." 17. Sec. III. The Judges of the Superior Courts in the several 'n™ Judges Circuits of this State are hereby authorized and required to devise rU c,iu"u~ and adopt the several forms of process, and other proceedings which uieen!-te^L- inay be necessary and proper to carry into effect the above recited Act, and all the several Acts Or parts of Acts amendatory or supple¬ mentary thereto. An Act more effectually to provide for the collection of the funds aris- ing from the sales of escheated property u-ithiu this State, and to apply the same to literary purposes—Approved December 21, 1819. Yol. III. 278. Whereas, the provision heretofore made for the collection of the funds arising from the sale of escheated property, has been found inadequate and unproductive : 18. Sec. I. Be it enacted. That from and immediately after the passing of this Act, it shall be the duty of the Attorney atid <.r 15.' Account to Grand Jury. Sec. 16. Delinquent takers up. 17. Delinquent officers. 18. Sale of neat cattle. 19. Fees. 20. Advertisement of horses, &c. 21. By whom paid. 22. Clerks' fees. 23. Clerks' duty. 24. Levies on estrays. 25. Claim. 26. Issue and trial. 27. Costs. 28. Taker hp—claimant. 29. Time of selling neat cattle, &c. An Act concerning Estrays, and for improving the breed of Horses. Approved Dec. 20, 1791. Vol. I. 208. stud horses And for the improvement of the breed of horses within this State,. ia"'e'may'be Sec. XV. Beit enacted, Af c. That if any stone-horse, above geided. eighteen months old, shall be found running at large, it shall and may be lawful for any person to take up the same ; and having taken him before the nearest Justice of the Peace in the County, by the per¬ mission of the said Justice, may geld the same, taking care that the operation is performed by a person usually doing such business in the neighborhood, for which the person so gelding shall receive one dollar, to be paid by the owner of the horse : Provided, nevertheless, that if any person shall take up .and geld any such stone-horse, con¬ trary to the true intent and meaning of this Act, or without fully pursuing the above direction, he shall, for every such offence, forfeit to the party injured double the value of such horse, which value shall be asceitained by two respectable freeholders, who were ac¬ quainted with such horse, who shall act upon oath, to be recovered in any Court having cognizance of the same. [The rest of this Act repealed by the Act of 1801.] Proviso. An Act to revise and amend the foregoing. Vol. I. 211. -Approved Feb. 15, 1799. Persons seii- 2. Sec. III. If any person shall presume to sell or dispose of or for thrown apply to his or their own use any estray, every such person or per- doubierthe sons so offending shall be subject to indictment for a misdemeanor, value. and on conviction thereof shall forfeit and pay to the Justices of the Inferior Court, for t'ie use of the County in which such offence may be committed, double the value of such estray or estrays, so sold, applied, or converted to his, her, or their use.* [The rest of this Act repealed by that of 1801, next in order.] *0.™ a**, i as to i,n fore a Justice of the Peace for said County, and make oath before then tX'd. him that the same was taken up at his plantation or place of residence 0ath" in the said County, and that the marks or brands of such estray have not by him, or to the best of his knowledge, been altered ; and then the said Justice shall take from the taker up and freeholder, upon tlle oath, a particular and exact description of the marks, brands, color, and age of all and every such neat cattle, sheep, goat, or hog, and such Justice shall, in manner above directed, issue his warrant for the appraisement of such estrays, which description and valuation gha]1 trails shall by the said Justice, within ten days, be transmitted to the Clerk of the Inferior Court, by him to be disposed of as hereinafter directed, cierk. 5. Sec. III. It shall be the duty of every Justice of the Peace Keeping a before whom any estray shall be carried as aforesaid, to enter a truecopy" copy of the certificate transmitted by him to the Clerk of the Court, in a book to be by him kept for that purpose. 6. Sec. IV. It shall be the duty of the Clerk of the Inferior csl^- Court in each County in this State, and he is hereby required to re-catena 253 ESTRAYS—1801. Proceedings in case of Estrays—Sale of horses, &c. ceive and enter in a book, by him to be provided and kept for that purpose, all such certificates ol description of appraisement as to him shall be transmitted from the respective Justices in the County ; and And affix a it shall also be the duty of the said Clerk of the Inferior Court to Court-house, affix a copy of every such description and valuation to the Court¬ house of his County for two terms successively, after the same shall be transmitted to him.* shaii have a 7. Sec. V. It shall be the duty of the said Clerks of the Inferior nSe,pto" Courts in their respective Counties to cause an enclosure to be made hordes, at the Court-house, to be paid for out of the moneys arising from the bnwrht by sa^e estrays7 for the purpose of impounding estrayed horses, mares, the taker up, colts, fillies, asses and mules, and that all estrays aforesaid, taken up day of each as aforesaid, shall by the taker up be brought to the said enclosure 12 and impounded from ten o'clock in the forenoon until three o'clock in the afternoon on the first day of every term for twelve months, both of the Superior and Inferior Courts ; and the said Clerks shall . see that these requisitions be complied with by the taker up. And on pain of every taker up of an estray as aforesaid shall, for every neglect to oin'^ion.ch impound as aforesaid, be subject to a fine of five dollars, to be col¬ lected by execution under the hand and seal of the presiding Justice of the Inferior Court, and paid into the Clerk's office for the use of the County, unless sufficient cause to the contrary be shown to the said Court at the next term thereof. Howea, 8. Sec. VI. It shall be the duty of the taker up, and he is hereby simiTb^c' required to bring to the Court-house 111 the County wherein he re- i-i'inunthfto s^es> anc^ deliver to the Clerk of the Inferior Court of said County thecierk, every estrayed horse, mare, colt', filly, ass, or mule 011 the first Sher? iff's sale day that shall happen after the expiration of twelve months from the time of entering such estray as aforesaid with the Justice; who shall and it shall be the duty of the Clerk to proceed to sell such estray or rcadyn^ney estrays as aforesaid, on the day aforesaid, between the usual hours, county lpur-^or rea(ty money to the highest bidder ; which money shall in the poses. ' hands of the said Clerk be subject to the order of the Inferior Court, for Comity purposes, after defraying the charges or fees hereinafter penalty on directed. And every taker up who shall neglect or refuse to comply lor tkUare."1' with these requisitions shall be liable for double the amount of the appraisement, to be collected by execution under the hand and seal of the presiding Justice of the Inferior Court; unless sufficient cause to the contrary be shown the Court at the next term thereafter; and the said forfeiture when collected shall be applied to the use of the County, after deducting the legal fees.f 9. Sec. VII. In case any person shall take lip as aforesaid any neat cattle, sheep, goats, or hogs, and no person or persons shall ap¬ pear and make satisfactory proof within three monthst that the skid estrays are his or their property, the Justice having given twenty days' notice by advertisement in two of the most public places in the Captain's district wherein he resides, shall proceed to sell the said *See sec. 20, as to advertising certain estrays. fSee also sec. 16. J By Act of 1823, time extended to six months; by Act of 1812, reduced to four months, and by Act of 1815, sec. 29, three months. No owner appearing, the estrays % be allowed a reasonable compensation for their trouble, to be adjudg¬ ed by the Justices of the district where such estray may be tolled, or any two Justices of the County, any thing contained in the before recited Act, to the contrary thereof notwithstanding, justiee's Sec. III. The Justice for his services, exclusive of commissions, fees shall receive 'the sum of twenty-five cents. ¥Six months, by Act of 1823, [vol. IV. 187,] three months by Act of 1816, sac. 2'J. ESTRAYS—1816-31, 261 Advertisement of horses, mules, &c.—Expenses and fees. An Act to alter and amend the sevetal Estray Laws note in force in this State.—Approved Dec. 4, 1816. Yol. III. 280. 20. Sec. I. From and after the first day of March next, it shall Horses, •• J 1 mules, &C. be the duty of the Clerks of the Inferior Courts of this State respec- uiaii i>e ad- tively, within ten days after they or either of them may have receiv- certain ed from any Justice of the Peace (of the County for which he is the u^cS, Clerk,) before whom any estray horse,, mare, colt, gelding, filly, ass, or mule, may have been posted, in conformity with the estray law now in force in this State, a description of siichestrayed horse, mare, colt, gelding, filly, ass, or mule, to advertise such estray or estrays ac¬ cording to the,description thereof, which he may have received as aforesaid, in the Georgia Journal, Augusta Chronicle, or Savannah Republican,* and the proprietors of said papers shall receive as com- ■ \ ensation for the publication of each such estray, the sum of one dol¬ lar and fifty cents. 21. Sec. JX The said. Clerks respectively, shall be authorized to who shall be pay out of the moneys arising from the sales of estrays, the expense re,mbur°eeiUs of£dI be the duty of the said Clerks respectively, to remunerate such ex-vertising' pense out of the money arising from the sale of such estrays ; and it shall be the duty of all such Clerks to keep a fair and regular book k"ePSa book of entry of all such expenditures to exhibit to the Inferior Courts of °ttule^pend~ their Counties respectively, upon application. An Act to corrlpel the Clerks of (he Inferior Courts of the different Counties in this State to claim. Estrays when levied on by execu¬ tion.—Approved Dec. 26, 1831. Pam. 86. 24. Whereas, there is a practice prevailing in many of the Counties in this State, with plaintiffs in execution, to hunt out estrayed pro¬ perty/and have their executions levied on the same ; and, whereas, there is no provision by law for any person to claim said property for the benefit of the County where the same may occur—for remedy whereof, * Changed in various Counties, so that the exceptions far outnumber the general rule; see " Local Laws." 262 ESTRAYS—1831-'40. Claim to estrays levied on—IIow returned and tried. c^-lTtoork Sec. I- Be it enacted, That from and immediately after the pass- m levies0on a=e ^ct' ^ s'ia^ ^le duty of the Justices of the Peace and estrays. Constable or Constables, of each Captain's district in every County in this State, to notify the Clerk of the Inferior Court of the County wherein they reside, whenever it comes within their knowledge, or when they have any reason to believe, that any execution has been levied 011 estrayed property.* cierk shad 25. Sec. II. In all cases where the Clerks of the Inferior Courts for'the of the different Counties in this State,f shall receive the information °°unty' aforesaid, and also, where the fact may come within their own knowl¬ edge, [it shall be lawful] for them to hand a written notice to the Constable or Sheriff, as the case may be, (who may have levi¬ ed on any estrayed property.) stating that he claims the said property for the benefit of the County as an estray ; which said "notice shall be ciaim shaii sufficient to compel the Constable or Sheriff, as the case may be, to re- be returned. 1 . ' J' turn the said ft. fa. or fi. fas. and notice, to the next Justice's Court of the district wherein the levy may have been made, if the said Ji. fas, issued from a Justice's Court, or if the same issued from an Inferior or Superior Court, then and in that event to the next Inferior or Su¬ perior Court of the County wherein the levy may have been made. 26. Sec. III. When any notice with the execution as aforesaid shall be returned to any of the Courts aforesaid, it shall be the duty of the Court, to cause an issue to be made up, between the said Clerk of the Inferior Court and the plaintiff in execution, which shall be tried in the same manner as all other claim cases, the burden of proof resting 011 the plaintiff in execution. 27. Sec. IY. In all cases where the issue shall be determined against the Clerk, the County shall pay the cost. Issue to be made up. An Act to alter and amend an Act entitled an Act to compel the Clerks of the Inferior Courts of the different Counties in this State, to claim Estrays when levied on by execution, passed the 26th December, 1831.—Assented to Dec. 23, 1840. Pam. 77. Taker up 28. Sec. I. Be it enacted, That from and after the passage of foA'AeCoun this Act, all Constables in whose hands executions may be placed for the purpose of levying on estrays, the said Constable in whose hands such execution is placed, shall notify the taker up of all such estrays, that he has levied such execution on the estray or estrays, posted by him or her, and upon such notice being given to the taker up, it shall be, and he is hereby required to claim all estrays levied on by such Constable, and to notify such Constable that he has claimed such estrayed property for the benefit of the County, which claim shall be returned and disposed of in the same manner as claims made by the Clerks of the Inferior Court agreeably to the above recited Act. [Sec. II. Repealing clause.] *For Act declaring deeds to estrays levied on under certain circumstances void, see "Penal Laws," sec. 372. fBy Act of 1840, the taker up is made the claimant, sec. 28. ESTRAYS—1845. 263 Horned cattle, &c. sale three months. An Act to amend an Act to amend the Estray Laws of this State, so. far as relates to the time of advertising and tolling horned cat¬ tle, sheep, goats or hogs, before they are sold.; assented to Decem¬ ber twentieth, eighteen hundred and twenty-three.—Approved Dec. 26, 1845. Pam. 27. 29. Sec. I. Be it enacted, That from and after the passage of ^"^^3 this Act, all horned cattle, sheep, goats and hogs, that may be tolled months, in conformity with the estray laws now in force in this State, may be sold at the expiration of three months from the time " they are tolled. Sec. II. All laws or parts of laws militating against this Act, be ■and the same are hereby repealed. 264 EVIDENCE.—Interrogatories, &c.—1704. Interrogatories from other States. EVIDENCE.* ART. I. INTERROGATORIES, AND TESTIMONY IIE BEJVE ESSE. " H. RECORDS, AND DOCUMENTARY AND WRITTEN EVIDENCE. « III. WITNESSES AND ORAL EVIDENCE. ART. I. INTERROGATORIES, AND TESTIMONY EE BEJVE ESSE.t Sec. 1. Witness compelled to answer. " 2. Eees. " 3. Non-residents. " 4. Seamen, infirm persons, &c. " 5. Convicts, witnesses. " 6. Re-enacting clause. •' 7. Exam, clc bene esse. " 8. Females. Sec. 9. Refusal to answer. " 10. Persons removing, &c. " 11. Compulsion of Witness. " 12. Failure to attend. " 13. Contempt. " 14. Blank commissions. " 15. Blank commissions. " 16. Discoveries at law. An Act for pointing out the method of compelling persons residing hi this State, to give evidence in causes pending in another.%-*— Approved Dec. 16,1794. Vol. I. 212. Whereas, much inconvenience has arisen to individuals from no compulsory process having been adopted in the different States, to oblige the citizens or residents thereof, to give evidence in suits pending in other States ; for remedy whereof, as far as it might be occasioned by persons residing within the State of Georgia, Persons re- 1- SEC- 1- Be it enacted, That if the testimony of any persons rc- state^com-ISsiding within the said State shall be required in any suit pending in. TvlftLsti any Court of record in either of the United States, and he, she, or monyincas-they shall refuse to appear before commissioners appointed to take his in other'"*' or her examination, under a commission properly issued and au- states. thenticated agreeably to the laws and rules of the Courts of the State from which it shall be sent, or appearing, shall refuse to an¬ swer to such legal interrogatories as shall be annexed to the said commission, and exhibited to him, her or them, it shall be lawful for either of the said commissioners, or the party upon whose applica¬ tion the said commission was issued, to apply to any Judge of the ♦For evidence in cases of contested elections, see " Elections," sec. 21. For appointment of commissioners in other States, to take affidavits, see " Convey¬ ances, &c." sec. 38. For form and mode of Affirmation, see "Affirmation." For various forms of oaths prescribed, see titles embracing the particular subject matter. For Act relative to affidavits of non-resident creditor in cases of Attachment, see " Atachment, &c." 55. For Act requiring the C. C. O. to keep a file of newspapers containing notices, see "Executors and Administrators," sec. 16. For Acts in relation to Evidence in criminal cases, see "Penal Laws." For various Acts in relation to grants, see " Land." As to evidence in Justices' Court, see title "Justices of the Peace," sec. 9, 11. Before commissioners of pilotage, see " Agriculture, See." Article " Shipping and Pi¬ lotage," sees. 30, 33, 35. tSee "Judiciary," sec. 62, as to perpetuating testimony. JThe provisons of this Act extended to cases of commissions Issuing from our ow» Courts, Act of 1839, sec. 11. See also Act of 1840, sec. 12. EVIDENCE.—Interrogatories, &c.—1794-'99. 265 Interrogatories from other States—Interrogatories for witnesses out of Couaty. Superior Courts ot this State, or Justice of the Interior Court of the County within which such person whose testimony is required may reside, and upon producing before.him such commission, and his being satisfied of its regularity, and on affidavit being made of such refusal, he shall issue a subpoena in the usual form, directed to such person or persons as aforesaid, requiring him, her, or them, to be and appear before the said commissioners at a certain time and place, to answer to such legal interrogatories as may be annexed to the said commission, and then exhibited to him : Provided, that he shall Proviso, not be required to attend such examination and give answer to the said interrogatories, within less than two days after the service of the said subpoena, neither shall he be obliged to attend for such examin¬ ation out of the County where he resides, nor more than ten miles from the place of his residence ; and upon due service of the said subpoena upon such person or persons, the same shall be returned to the commissioners on or before the time appointed for the examina¬ tion and the service of such subpoena, proven by the return of the proper officer; and on the refusal or neglect of such person or per-ofrdefauu?°f sons to comply with its mandate, indorsed on or annexed to the said subpoena, and returned to the Superior or Inferior Court, as the case may require, of the County in which such person or persons reside, he, she, or they shall be subject for such neglect or refusal to all the subject to be pains and penalties to which such person or persons would have been IbrTcon- ^ subject for a similar default in any cases pending in the Courts of this tempt' State. # 2. Sec. II. The person or persons whose evidence shall be requir- entitled u ed as aforesaid, shall, if they or any of them shall require the same, wftnesse^ be entitled to the same fees or pay as persons summoned to give evi¬ dence in the Superior or Inferior Courts of this State. Judiciary Act of 1799. Vol. I. 292. [For title and Act in full, see Appendix.] 3. Sec. XXIII. Where any witness resides out of the State' or intcrrogatn- out of any County in which his testimony may be required in any fZf cause, it shall be lawful for either party, on giving at least ten days' ^eTom'of notice to the adverse party, or his, her, or their attorney, accompaniedthe Co"» notice to the adverse party, or his, her, or their attorney, accompanied cepted. with a copy of the interrogatories intended to be exhibited, to obtain a commission from the Clerk of the Court in which the same may be required, directed to certain commissioners, to examine all and every such witness or witnesses on such interrogatories as the parties may exhibit; and such examination shall be read at the trial on motion of either party. 9. Sec. II. If any person as above recited shall refuse to appear Persons re- before commissioners appointed to take her or their examination, or^^0^5* appearing, shall refuse to answer such legal interrogatories as shall be ♦See Act of 1838, sec. 10, superseding the Act of 1806. fSee Judiciary," sec. 62. 208 EVIDENCE.—Interrogatories, &c.—1838-'39. Persons removing or unable to attend Court—I 1S23.—Assented to Dec. 28, 1838. Pam. 245. persons go- io. Sec. I., Be it enacted. That the Act (for which this is Migbevond - ' . . v seas, or re- amendatory) more effectually to insure the testimony of witnesses I" tilo coon-going beyond sea, and aged and infirm, persons, passed on the 8th !n' busbi'e™'1 day of April, 1806, which had been repealed, and again re-enacted, hifirndm"v anc* declared to be operative and effective in all cases pending, or i>e examined, which may be brought in the several Courts of this State, by Act of 20th Decemb er. 1823, be amended [so] as to read as follows, to wit: that in case either, plaintiff or defendant may deem any witness or witnesses material in any cause or causes pending in any of the Courts of Law and Equity, of this State, and who are going beyond §eas, removing without the County, or beyond the jurisdiction of the State,, or whose official or other business would 'require, his absence from the County, at the term of trial cf Said cause, or from age or other bodily infirmity may be unable to attend Court,f it shall and may be lawful to examine any such witness or witnesses under commission, or [on] serving and filing interrogatories in the manner prescribed by law, in case where witnesses reside out of the County : Provided, that in case the person or persons whose testimony shall have been taken, return or be able to attend, that then and in that case, such written testimony shall not be received or read. Sec. II. All laws, or parts, or amendments of laws militating against this amendatory Act, be, and the same is hereby repealed. An Act to extend the operation of the Act passed on the 16th day of December, 1794, entitled an Act for pointing out the method of compelling persons residing in this State to give evidence in causes pending in another.—Assented to Dec. 21, 1839. Pam. 145. Act of ran ^EC" ^ De,it enacted, That all the provisions of thesaidre- extendedt-.> cited Act be, and the same are hereby extended to the cases of the from any""' persons who may refuse to appear before the commissioners, and give evidence under commissions issued from any, of the Counties of this State. J *-See Act of 1840, sec. 12. fSee Act of 1811, sec. 4. XSee next section. EVIDENCE.—Interrogatories, &c.—1840-'50. 269 Proceedings oil reiusnL to answer—Commission in blank. An Act to point out and regulate the manner of taking testimony by commissioners in certain cases.—Assented to Dec. 22, 1840. Pam. 111. 12. Sec. I. Be it enacted, That when any witness shall fail, re- °"^]}utyea°tr fuse or neglect to appear before commissioners for the purpose of an- tend, swering interrogatories appended to a commission issuing from any Court in this State, in which Court the case may be pending, for which said interrogatories are intended to be taken, upon the appli¬ cation of the commissioners therein named, it shall and may be law¬ ful for the party at whose instance said interrogatories are to be taken, his, her or their attorney, or for either of the commissioners, to make affidavit of such failure, refusal or neglect; and upon application and affidavit made to any Judge of the Superior or Justice of the Inferior Court, °{t£rney,oc of any Circuit or County in which said witness may be when applied to, to be examined, accompanied with such affidavit [for such Judge] to issue an order to all and singular the Sheriffs, Constables and Coroners of this State, commanding them to bring said witness before him ; and upon such Judge or Justice being satisfied of the legality of such inter- judge or rogatories, it shall be the duty of such Judge or Justice to order the of- riorUc\,unfe" ficer having said witness in custody to deliver said witness to the ["X'wrest. Jailer of such County and [to] be by the said Jailer confined in the com- mon jail of said County, until he or she shall answer the interroga¬ tories propounded to him or her, to said commission attached. 13. Sec. II Nothing herein contained shall be so construed asymiumbie to prevent the Court from which said commission issued, from pun- lt,rcon'en,pt ishing said witness for contempt of said Court ; and that all laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to make valid, all commissions which have heretofore been or map hereafter be issued in blank for the purpose of taking' testimony in any case arising or which may have a,risen in the Courts of Law and Equi¬ ty of this State.—Approved Feb. .13, 1850. Pam. 115. 14. Sec. I. Be it enacted, That from and after the passage ofcommis- th is Act, all commissions which have heretofore been, or may here- sue in blank, after be issued in blank for the purpose of taking testimony in any case pending, or arising in the. Courts of Law and Equity in this State, shall be valid and as effectual as if the names of the commis¬ sioners had been inserted by the officer issuing the same. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to regulate the taking of testimony by interrogatories for the Courts of th is State, and to amend an Act entitled an Act to authorize parties to compel discoveries at Common Law, approved December 17th, 1847.—Approved Feb. 23, 1850. Pam. 276. 15. Sec. I. Be it enacted, That In all cases in the Superior and 270 EVIDENCE.—Records, &c.-—1802. Blank Commissions—Discoveries at law—Document law. Inferior Courts of this State, where it may become necessary to take testimony by interrogatories as heretofore practised, commissions may issue in blank, in so far as relates to the names of the commis¬ sioners ; but the names of witnesses intended to be examined shall be distinctly specified in the notice served upon the adverse party preparatory to issuing the commission.* 16. Sec. II. When any* person, either plaintiff or defendant, shall desire to file his, her or their written interrogatories, for the purpose of compelling the discovery contemplated by the Act entitled an Act to authorize parties to compel discoveries at Common Law, approved December 17th,. 1847, he, she or they shall be authorized to do so either in term time or vacation of the said Superior or Infe¬ rior Court, and obtain an order from a Judge of said Court, requiring the adverse party to answer the same in writing, according to the provisions of the Act of which this is amendatory.f ART. II. RECORDS, DOCUMENTARY AND WRITTEN EVIDENCE.* See. 17. Document law. " 18. Acts of Sheriffs'and Deputies. " 19. Deputy Clerk. " 20. Deputy Secretary of State. " 21. Proof of Indorsements. " 22. Books legalized. " 23. LawS and. Resolutions. Sec. 24. Official attestation. " 25 Copy of bond. " 2G. Official attestation. " 27. Notarial Acts. " 28. Oral evidence as t > deed. 29. What is a seal. " 30. Physicians', &c. books.- An Act sv/pplementary to the Judiciary Act.- Vol. II. 56. -Approved Nov. 26,1802. te."ment 17. The Judges of the Superior Courts shall not, in any case w^idcnco^of whatever, withhold any grant, deed, or other document from the withheld9 Jury nader which any party in a cause may claim title, except such from the ju- evidence of title as may be barred bv the Act of limitation.1 ry, unless J " barred by the Statute of Limita¬ tions. . 63, ^'Re-enacted by same Legislature, sec. 14. f Enacted twice by same Legislature, see "Judiciary," Art. "Jurisdiction," where all the Acts on this subject may be found. jFor various Acts authorizing records of deeds, bills of stile, mortgages, marriage con¬ tracts, &c. and making copies evidence, see •' Conveyances and Registry." See same title as to certain deeds made by academy commissioners, see. 41. As to ,ji. fa- recorded and made evidence for purchasers at Sheriff's sale, sec. GO. As to powers of attorney and specialties made in other States, sjec. 16. As to certificates of consuls and vice-consuls, sec. 52. As to certified copies oi' Constables' bonds, see " County Officers," sec. 73. For Act making County records transcribed' evidence, see " County Funds and Re¬ cords," sees. 18 and 27. As to recording evidence in criminal cases, see " Penal Lawn," sees. 846, 399. As to registry of births, see " County Officers," sec. 34. For Act authorizing Tax Collectors' deeds to go in evidence in certain cases to prove the contents thereof, see " Conveyances," &c. sec. 55. As to copies of final receipts of executors, &c. recorded, see " Executors, Administra¬ tors, fce." sec. 127. For certificates of marriage, &e. see " Executors," &c. sec. 25, 22. Certified copy of jail bounds evidence, see " Insolvent Debtors," sec. 28. [1.] Effect of this Act explained. 2 Kelly, 31. EVIDENCE.—Records, &c.—1810-'ll. 271 Records by deputies—Endorsements. An Act to legalize and make valid certain acts of Sheriffs and Clerks, and to regulate the admission of evidence in the several. Courts of Law and Equity in this State, so far as relates to certain papers.—Ap¬ proved Dec. 15, 1810. Vol. II. 643. Whereas, considerable doubts have arisen in the Courts of thisPreamble* State relative to the official returns of Sheriffs and deputy Sheriffs, whose bonds and oaths have not been entered on the minutes of the Court before which such officers may have qualified, And whereas, doubts have also arisen in said Courts as to the pro¬ priety of admitting deeds to go as evidence before a Jury, which a deputy Clerk may have certified as to the enrolment; for remedy whereof, 18. Sec. I. Be it enacted, 8fc. That the official returns of all sheriffs. Sheriffs and deputy Sheriffs shall be, and the same are hereby legal- acts made, {zed and made valid to all intents and purposes, as if made by avalld' Sheriff or deputy, who had been qualified according to law.* 19. Sec. II. All deeds, mortgages, conveyances, and other writ- ^tc{3c°gr^®p" trigs enrolled by any deputy Clerk in the proper Court, and certified made valid, by him as such, the same shall be received and admitted as evidence in any Court of this State, in like 'manner as if the same had been recorded by the chief Clerk.* 20. Sec.1 III. All grants, copy-grants, testimonials, or any other deputy sec- document or paper whatsoever, heretofore issued out of the Secreta- state. His ry of State's office, purporting to be signed by a deputy Secretary valid*.0 of State, shall be held and taken as legal, provided, the said paper Provi3°- shall be ascertained to be genuine ; Provided, nothing contained in this Act shall be so construed as to admit any grant obtained on the south side of the Oconee and Appalachee rivers, previous to the late land lotteries as evidence in any Court within this State. 21. Sec. IV. In all cases brought by any indorsee or indorsees, menT*necd assignee or assignees, on any bill, bond, or note, before any Court of he i,rov- Law and Equity in this State, the assignment or indorsement, with¬ out regard to the form thereof, shall be sufficient evidence of the transfer thereof, and the said bond/bill, or note shall"be admitted as evidence, without the necessity of proving the handwriting of the assignor or assignors, indorser or indorsers ; any law, usage, or cus¬ tom to the contrary thereof notwithstanding. An Act to legalize and make valid two manuscript books of the old re¬ cords of the Executive Department.—Approved December 16, 1811. Vol. III. 289. 22. From and after the passing of this Act, the two manuscript books, A and B, in the Executive Department, containing the records utive ho¬ of said Department from the year 1777, to the year 1784 inclusive, made valid. ♦For Act of 1813, making valid certain other acts of Sheriffs and Clerks, see " Coun¬ ty Officers," sees. 17, 18, 24. 272 EVIDENCE.—Records, &c.—1819-?23. Public Laws and Resolutions—Official attestation—Copies of bonds. that have been transcribed in pursuance of a Resolution of the tenth day of December last past be, and the same are hereby legalized and made valid, and shall henceforth become a part of the records of said Department. [Certain copies of old plats added to the Purveyor General's office, see "Land."] An Act to regulate the admission of evidence in certain cases in the several Courts of Law and Equity in this State, and to provide for the recording of conveyances of personal property .—Approved Dec. 21, 1819. Vol. III. 300. ah laws and 23. Sec. I. All laws and resolutions, as published by authority. resolutions * * x » * * published by shall be held, deemed, and considered public laws and resolutions; shaHbep'ub-and the several Courts of Law and Equity of this State, shall take far'asTto be notice thereof as such, any law, usage, or custom to the contrary not- tuocLrl withstanding. . The attest- 24. Sec. II. The certificate or attestation of any public officer, "rricerintheeither of the State, or of any County thereof, shall give sufficient copy of* any validity or authenticity to any copy or transcript of any record, docu- J'ordr or "of nielit, or paper of file, in the respective offices under their control or file shaii management, or to which they may be lawfully attached, to admit make it cvi ° 7 A ■ -n ■ • deuce: the same as evidence, beiore any Court ot Law or Equity m this oriKhmi is State ; Provided nevertheless, that nothing herein contained shall be account'd tor constm8Cj as to prevent any of the Judges of the Superior or Infe¬ rior Courts to require the original, or that it be accounted for.* •Sec. III. [See "Conveyances, &c." sec. 23.] An Act declaring certified copies of official bonds testimony in certain cases.—Approved Dec. 20, 1823. Vol. IV. 213. Certified co- 25. In all causes now pending, or which may hereafter be insti- given by any tuted, in any of the Courts of Law or Equity in this State against the shaii"be^vi- principal and securities or either of them, 011 any official bond given cepTdenied ^Y anY executor, administrator, or guardian, or any other public of- under oath. flcer 0f this State, it shall be lawful for the said Courts to receive as evidence of the fact of the due execution of such bond, a certified copy thereof, made by the proper officer, where such bond is of file or recorded, which copy shall be sufficient testimony in the cause, unless the same shall be denied on oath, f An Act to amend an Act entitled an Act, to regulate the admission oj evidence, in certain cases, in the several Courts of Law and Equi- *The Act of 1S30, provides for the same object with slight variation; both are insert¬ ed, sec. 26. f As to Constables' bonds, see County Officers, sec. 74 ; Sheriffs' bonds, same title, sec. 71. EVIDENCE.—Records, &c.—1830-'36. 273 Official certificates—Notarial certificates. ty in this State, and to provide for the recording of conveyances of personal property.—Approved Dec. 21, 1830. Pam. 121. 26. The certificate of any public officer, under his hand and seal ah attesta- of office, if one is attached thereto, either of this State, or any Coun- iy0offidaiP,or ty thereof, in relation to any matter or thing, pertaining to their re- are evi,ienc* spective offices, or which by presumption of law, properly pertains thereunto, shall be admitted as evidence, before any Court of Law or Equity in this State;1 Provided, nevertheless, That nothing in this sthe Act contained, shall be so construed, as to prevent any Court to re- accounted quire the production of the original to which said certificate may ap-for' pertain, or that it may be accounted for.* All laws, and parts of laws, militating against this Act are hereby repealed. An Act amendatory of an Act, assented to the 21 st Dec. 1820,f au¬ thorizing the certificates and acts of Notaries Public, to be receiv¬ ed in evidence in certain cases.—This Act approved Dec. 26, 1836. Pam. 170. 27. Sec. I. • From and after the passage of this Act, the certifi- ceruficatef^ cates, protests, and other acts of Notaries Public,J under the handothe^acm"f and seal of such Notary, in relation to the non-acceptance of any dea'madeev- bill of exchange, draft, or other order, made for the payment of mo- ,dollce- ney, or other thing, and also in relation to the non-payment of any bill of exchange, draft, order, bond or note, for the payment of money, or other thing, shall be deemed and received by the several Courts of Law and Equity in this State, as sufficient prima facie or pre¬ sumptive evidence of the facts therein stated,2 without any other, or further proof; Provided always, that nothing in this Act, shall pre¬ vent either party, plaintiff or defendant, from having the benefit of the testimony of such Notary, should they deem it necessary : and provided also, that the party relying on such notarial act, shall, at the first term, file in the Court, either a copy, or the original of such protest or other acts. And provided further, that whenever a plain¬ tiff, relying upon such notarial act, shall fail to file the same, as is herein provided, the Court may grant such further time as it shall deem to be reasonable, in which it must be filed in order to be ope¬ rative as evidence. Sec. II. [Repeals all.conflicting Acts.] *See ante. sec. 24. fl822, see Vol. IV. 209. J For mode of appointment, see " County Officers," sees. 26, 41, 43. (1.) Evidence to prove a transfer appearing on the execution. 3 Kelly, 298. .) Evidence of notice as well as of non-payment. 3 Kelly, 486. Of all the facts therein stated. Ibid. 35 274 EVIDENCE.—Records, &c.—1837-'3S. Oral evidence to vary contract—What constitutes a seal. An Act to regulate the admission oj Oral Evidence, in reference to Written Instruments, in certain cases.—Assented to Dec. 25, 1837. Pam. 110. Whereas, it is now the practice, in some of the Circuits of this State, to admit oral evidence to prove that deeds and hills of sales absolute upon their face, were intended as mortgages, or securities for the payment of money, or other thing, only without any charge of fraud in obtaining them. And whereas, such practice may lead to serious injuries to the rights of the good people of this State, over their property, and may present strong inducements to the commis¬ sion of frauds and perjuries ; for remedy whereof, oral evi- 28. Sec. I. Be it enacted, That from and immediately after the nfiasibieV passing of this Act, oral evidence shall not be received in any Courts amongage.'1 in this State, to show that a deed or bill of sale absolute upon its face, made after the passing of this Act, was intended as a mortgage or security for the payment of money or any-other thing, unless there Admissible^ is a charge of fraud in obtaining the same, in which case oral evi- fraud°ve deuce, going to show the fraud only, may be received; any law, usage, custom, or practice to the contrary notwithstanding.1 Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to declare the force and effect of certain Contracts and In¬ struments in Writing, therein specified.—-Assented to Dec. 29, 1838. Pam. 72. Whereas, a diversity of decisions has prevailed in the several Courts of this State in regard to the force and effect of certain writ¬ ten contracts and instruments in writing hereafter mentioned, for remedy whereof, and for the purpose of securing uniformity of de¬ cisions hereafter to be made in the several Courts of Law and Equity in this State respecting such instruments: As-roii 29. Sec. I. Be it enacted, That from and immediately after the erenc",1 oref" passing of this Act, whenever any written contract or other instra- wHhouTpeaiment it* writing shall be produced in evidence, or for any other legal shaii consti- purpose whatever, before any Court of Law or Equity in this State, tute a sealed q r ? J ,. ■ , instrument, during the progress of any biLl or suit whatever, pending in any ot said Courts, and such written contracts or instrument in writing shall have a scroll or other representation of a seal annexed thereto instead of a seal composed of a wafer or wax, or other tenacious substance; and also whenever it. shall be shown by words expressed in the body or conclusion of said written contract or other instrument in writing, that it was the intention of the party or parties subscribing the same, to become bound by, or to execute a writing obligatory or sealed in¬ strument. though no scroll or seal has been annexed to said written contract or other instrument, shall be held, taken and construed by (1.) See 8 Ga. Rep. 457. EVIDENCE.—Records, &c —1843. 275 Books of physicians, blacksmiths, &'c—Acts of Congress. said Courts, both at Law and in Equity, to have all the force, effect, and dignity of writings obligatory or instruments under seal: Provid- No Ytr°- 111 • • a- 1 • » , 11 1 • spectivo ope- ed, that the provisions ot this Act shall not extend to any instruments ration, heretofore executed. Sf.c. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. t An Act to be entitled an Act to authorize the recovery by law, of open accounts in favor of certain classes of persons therein named, up¬ on the same proofs which is now allowed by the laws of this State, in favor of tradesmen and merchants.—Assented to Dec. 23, 1843. Pam. 125. 30. Sec. I. Be it enacted, That from and after the passage of this Act, physicians, blacksmiths, and all other persons in the practice of any regular craft, shall be allowed to sue for and recover judgment &c. ° in the several Courts of Law in this State, on open accounts in their favor, upon the production and proof of.their books of account, in the same manner, and on the same terms as is now authorized by exist- ing laws, in cases where tradesmen and merchants are parties plaintiff in said Courts.1 astrades- Sec. II. All laws and parts of laws militating against this Act, me"'a' be and the same are hereby repealed. Act of Congress of May 23, 1790. 1 Gray.'Digest, 272.—Statutes at Large, Yol, I. p. 122. Sue. I. The Acts of the Legislatures of the several States shall be .authenticated be¬ having the seal of their respective States affixed thereto : The records and judicial pro- Actg f t|)e ceedings of the Courts of any State, shall be proved or admitted in any other Court Legislature, •within the United States, by the attestation of the Clerk, and the seal of the Court air- Records and nexed, if there be a seal, together with a certificate of the Judge, Chief Justice, or pre- ccedUics^f' siding Magistrate, as the case may be, that the said attestation is in due form. And other States., the said records and judicial proceedings, authenticated as aforesaid, shall have such How proven, faith and credit given to them in every Court within the United States, as they have by law or usage in the Courts of the State from whence the said records are or shall be taken. * Act of Congress of March 27, 1804. 2 Grav. Digest, ISO,—Statutes at Large, Yol. II. p. 298. Sec. I. From and after the passage of this Act, all records and exemplifications of office books, which are or may be kept in any public office of any State, not appertain¬ ing to a Court, shall be proved or admitted in any other Court or office in any other mocm-ch and State, by the attestation of the keeper of the said records or books, and the seal of his* tempi ifica- offiee thereunto annexed, if there be a seal, together with a certificate of the presiding r^c^ot Justice of the Court of the County or District, as the ease may be, in which such office is or may be kept; or of the Governor, the Secretary of State, the Chancellor or the How proven, keeper of the great .seal of the State, that the said attestation is in due form, and by the proper officer ; and the said certificate, if given by the presiding Justice of a Court,, shall be further authenticated by the Clerk or l'rothonotary of the said Court, who shall cer¬ tify under his hand and the seal of his office, that the said presiding Justice is duly com- *See note to next Act. > [1.] Separate sheets of n-iuer containing the or g.a d entries, may I>o given in evidence as the looks if the pa.ty. 1 K.iiy, 221. Preliminary proof necessary. 1*Kelly, 231. 8 Ga. Rep. 71. 276 EVIDENCE.—Witnesses, &c.—1700. Witnesses—Subpoena—Attachments. missioned and qualified; or if the said certificate he given by the Governor, the Secre¬ tary of State, the Chancellor, or keeper of the great seal, it shall be under the great seal of the State in which the said certificate is made. And the same records and exempli¬ fications, authenticated as aforesaid, shall have such faith and credit given to them in every Court and office within the United States as they have by law or usage in the Courts or offices of the State from whence the same are or shall be taken * Sec. II. Extends the provisions of both Acts to " the Territories and Countries sub¬ ject to the jurisdiction of the United States." ART. III. WITNESSES!*—ORAL EVIDENCE. Sec. 31. 32. 34. 35. 36. 37. 33. Witnesses—subpoena. Attachment. When discharged. Fees—two to a point. Grand Jurors. Subpoena duces tecum. Attachment and fine. Evidence of contents. Sec. 39. States' witnesses—non-resident. " 40. Fees—collection. " 41. Costs in State cases. " 42. County refunded. " 43. Religious opinion. " 44. Judge's signature. " 45. Confidential communications. Witnesses. Subpoena 5 days before Court. Attachment for non-at¬ tendance, and liable to damages. U0Urt Judiciary Act of 1799. Vol. I. 292. [See "Appendix."] 31. Sec. XIX. Where the attendance of any person shall be required as a witness in any of the Courts aforesaid,]; in any cause depending therein, it shall be the duty of the Clerks of the said Courts respectively, on application, to issue writs of subpoena direct¬ ed to the persons whose attendance shall he required, where such persons reside within the County in which such cause may be de¬ pending, which writ of subpoena shall express the cause, and the par¬ ty at whose suit it shall he issued, and shall be served on such witness¬ es at least five days before the Court to which it shall he returnable; and which writ shall be served by a Sheriff, Constable, or some pri¬ vate person, and the return of a Sheriff or Constable of such service, or the affidavit-of any private person, shall be sufficient evidence that such subpoena was duly executed. 32. Sec. XX. Where it shall appear in manner aforesaid, that a witness in any cause shall have been duly summoned, and such wit¬ ness shall fail to appear, it shall be the duty of the Court, on motion, to issue an attachment against such defaulting witness returnable to the next Court, and shall fine such witness in a sum not ex¬ ceeding three hundred dollars, unless he or she shall make a suffi¬ cient excuse for such non-attendance, which shall be judged of by the but shall nevertheless he subject to the action of the person at whose suit such witness shall have been summoned, for any dam- *See Art. IV. Sec. 1. Constitution of the United States. For decisions of ihe United States Courts upon this Artirle and these Acts, see 7 Cranch, 483. 6 Peters, 317. 4 Dallas, 412. 7 Cranch, 408 . 9 Cranch, 122. 6 Wheaton, 129. 11 Whea- ton, 392. Peters' C. C. R. 155, 74. 4 Washington, C, C. , 657- 3 Washington, C. C. R. 126. Decisions of Supreme Court of Georgia, 5 Ga. Rep. 218. 8 Ga. Rep. 201. tAs to oral evidence to make an absolute deed a mortgage, see Art. "Records, &c." see. 28. Free from arrest on civil process see " Judiciary," see. 50. Witnesses on Inquests, "Judiciary," sec. 267, 275. Persons convicted of perjury or subornation, incompetent; see "Penal Laws," 162. Indians incompetent, see "Indians." Witnesses in Justices' Courts, see " Justices of the Peace," 11. "Fees," sec. 16. ^Superior and Inferior. As to Justices' Courts, see "Justices of the Peace," 11. Wit¬ nesses to a will bound to attend its probate ; see " Executors, Administrators, &c." 85. EVIDENCE.—Witnesses, &c.—1799-1812. 277 Fees—Grand Jurors. age which he, she, or .they may haye sustained, by reason of such non-attendance. ■ . 33. Sec. XXI. When a subpoena shall be served on any wit- ^lsdtig®"®nd ness, in conformity to this Act, it shall be the duty of such person ed. 18 a so summoned, to attend from time to time, until the cause in which such witness shall have been summoned is tried, or be otherwise dis¬ charged by the Court. 34. Sec. XXII. On the last day of the attendance of any witness Thdei^®eesot in each term, it shall and may be lawful, on application of such wit- payment, ness, to exhibit his account for attendance, against the person or per¬ sons at whose suit he or they may have been summoned, and the Judge or presiding Justice shall examine and certify the same under his hand,* which shall be countersigned by the Clerk, whereupon such account so certified, shall have the force and effect of an exe¬ cution, and may be levied by the Sheriff or Constable, according to the amount thereof, of the goods and chattels of such party, in like manner as incases of other executions. Provided nevertheless, that where any witness shall claim, and levy for more than is really due, such witness shall forfeit and pay to the party injured four times the amount of the sum so unjustly claimed. And no party cast in any suit shall be taxed for more than the cost of two witnesses to any Two wit- material point in any cause, which shall be specially certified by the "^material Court trying the same ; nor shall any part)'" be allowed to tax costs pomt" for different witnesses to different material points, where the same witnesses shall be sufficient, in the opinion of the Court, to prove such material point. An Act to admit Grand Jurors to give evidence.—Approved Dec. 10,1812. Vol. III. 397. Wliercas, doubts do exist as to the propriety of admitting Grand Ju¬ rors to give evidence against persons who may have been sworn be¬ fore them, when in session as a Grand Jury, on account of that part of the oath which requires them to keep secret the State's counsel, their own, and their fellows', which secresy ought not to exist long¬ er than the term, or after the bill is publicly read in Court; for rem¬ edy whereof, 3o. Sec. I. Beit enacted, &'c. That all Grand Jurors shall be Grandjurors sJ n -i-i • • are competent witnesses m any Court or record la this State where it t.?ntwitness- may be necessary, on account of anything that may be given in evi-es" deuce before them, as a body of Grand Jurors; any law to the con¬ trary notwithstanding. Sec. II. [Oath altered accordingly. See Judiciary, Art. Juries.] An Act to enable parties litigant in the Superior and Inferior Courts of this State, to compel the production of written testimony, when the same may be in the possession of persons not parties to the •Signature of Judge dispensed with, sec. 44. 278 EVIDENCE.—Witnesses, &c.—1829. Subpoena duces em• —Peualty. cause, and residing without the County where such cause is pend¬ ing ; and for other purposes.—Approved Dec. 19, 1829. Vol. IV. 226. 36. Whereas, parties litigant in the Courts of this State fre- Preamble. ' r . °. n . ... quently suffer great inconvenience, and sometimes gross injustice, by reason of the difficulty of procuring written testimony which may be necessary to the successful prosecution or defence of his cause, where the same happens to be in the possession of persons not parties to the cause, and residing without the County in which the cause is pending ; for remedy whereof, Subpcena "g Beit enacted, That from and after the passing of this Act, when nuiyVofo'r any deed, bond, note, or other writing which it may be necessary K-th0 to use as testimony in any cause which now is, or may be hereafter per'1cs'iv0t Penc^n§ in any of the Superior or Inferior Courts of this State, may iPog«iStofthebe in the possession of any persoQ not a party to said cause, and not county. resj(ient within the County in which said cause is pending, the Clerk of the Court in which said cause is pending, shall, upon the applica¬ tion of the party or his attorney desirous of procuring-such testimo¬ ny, issue a subpoena duces tecum, directed to the person having such deed, bond, note, or other writingdn his possession, and requiring him to be and appear at the next term of said Court, and to bring with him into said Court the paper desired to be used as testimony, which said subpoena duces tecum, shall be served thirty days before the Court to which it is made returnable, by a- Sheriff, Constable, or some private person ; and the return of the Sheriff, Constable of such service, or the affidavit of such private person, shall be suffi¬ cient evidence that the subpoena was duly served. Persons fail- 37. Sec. II. When a subpoena shall be issued and served in tendonsucbterms of the first section of this Act, and the person whose attend- n'abie to'at- ance is hereby required shall fail to comply with the requisitions and toe11 thereof, it shall be the duty of the Court, on motion, to issue an at¬ tachment against such defaulting witness, returnable to the next term of said Court, and shall fine such witness in a sum not exceed¬ ing three hundred dollars, unless he or she shall make a sufficient excuse for such failure, which shall be judged of by the Court, but And subject shall nevertheless be subject to the action of the person at whose damage".f°r suit such witness shall have been summoned, for any damage which he, she, or they may have sustained by reason of such failure ; Pro- Proviso. vided nevertheless, that if the person so subpoenaed shall, within ten m"theSin-ay days after the service of such subpoena, deliver to the party at whose iendTiwfl- instance tlie subpoena was sued out, or his attorney, or file in the of- clause. are hereby repealed. An Act to compensate persons who may he compelled to attend the Supe¬ rior Courts of this State as witnesses in behalf of the State, in Counties other than 'where such person or persons may reside.—- Approved Dec. 30, 1836. Pam. 278. 39. Sec. I. From and after the passage of this Act, that any r- person or persons who may be compelled, by subpoena or recogni- out zance, to attend any of the Superior Courts of this State, as a wit-county, to ness on the part of the State, in Counties, other than where such pAAw'^ami person or persons reside, shall receive for each day, while he or she milease- may be in attendance on said Court, the sum of two dollars, and the like sum of two dollars, for every thirty miles, he, she, or they, may travel, in going to, and returning from said Court, which said several sums shall be taxed in the bill of cost, and paid for out of the Coun- From the ty funds, in such County as the case may be pending, as soon as fund's!5' such case rrfay be disposed of by said Court.1 40. Sec. II. Any person or persons, who may attend the Supe- whether rior Courts as above directed, shall be entitled to such pay as is conviction or therein stipulated, whether there be a conviction of the defendantnot or not, upon his making affidavit before some Judge of the Superi¬ or, or Justice of' the Inferior Court, or Justice of the Peace, to the number of days which he or she has been in attendance on said Court, and the number of miles he or she will travel, in coming to and re¬ turning from said Court, which said affidavit must be signed by the Affidavit, presiding Judge, and countersigned by the Clerk of said Court, and in that case, it shall become a warrant on the County Treasurer, or Clerk of the Inferior Court of such County wherein the witness has been in attendance. 41. Sec. III. Nothing herein contained shall be so construed, costs stm to ~ ; be collected as to prevent the cost being collected in the same manner as hereto-from defend- lore pointed out by law, from any defendant or defendants in State s' cases. 42. Sec. IV. So much of said cost when collected, as has been t"fhgepaid paid out by the County Treasurer, or the Clerk of the Inferior County, Court, to witness or witnesses who may reside without the limits.of such County, shall be paid over by the Sheriff or Clerk of the Superi¬ or Court, to such County Treasurer or Clerk of the Inferior Court, as may have paid the same, and be applied to County purposes. (1.) Does not apply to defendants' witnesses. 7 Ga. 443. 280 EVIDENCE.—Witnesses, &c.—1811-50. lieligious opinion no disability.—8ubpa>nas—Testimony of attorney. An Act to remove all disabilities whatever from persons, in this State from testifying in any of the Courts thereof, or having their oath or affirmation, where the same is necessary to secure any right or interest whatever, by reason of any religious opinion he, she or they may entertain or express.—Assented to Dec. 11, 1841. Pam. 144. Religious 43. Sec. I. Be it enacted, That from and immediately after the usability!0 passage of this Act, no person shall be excluded from testifying as a witness in any of the Courts of Law or Equity in this State ; or de¬ prived of his, her or their oath or affirmation, touching any matter or thing where an oath or affirmation is necessary to secure any right or interest whatsoever, by reason of any religious opinion such per¬ son or persons may entertain or express ; Provided, nothing in this Act shall prohibit such disabilities going in evidence to the Jury to affect the credit of such witness or witnesses. An Act to amend the laws of this State, pointing out the manner of collecting witnesses' fees for their attendance, under subpoena, in certain cases.—Assented to Nov. 26, 1842. Pam. 167. signature of 44. Sec. I. Be it enacted, That from and after the passage of pwifas'dis^" this. Act, in the Superior and Inferior Courts of this State, it shall pensed wuh. not pe necessary for the Judge or presiding Justice to examine and sign the accounts of witnesses serving under subpoenas, as is now required by law ; but the same being examined and signed by the Clerk of such Court, shall, have the same force and effect as now di¬ rected by law. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to regulate the testimony of Attorneys at Law.—Approved Feb. 21, 1850. Pam. 46. 45. Be it enacted, That from and after the passage of this Act, it shall not be lawful for any attorney at Law or in Equity in any case hereafter commenced, to give testimony in any Court of Law or Equity in this State, of any matter or thing, either for or against his client, the knowledge of which he may have acquired from his client, or during the existence and by reason of the relationship of client and attorney : Provided, nevertheless, That no attorney shall be exempted from making answer as defendant, when a proper case shall be made in Equity, and his answer required as by the laws now in existence. All laws and parts of laws militating against this Act be, and the same are hereby repealed. Confidential communica¬ tions to at¬ torney shall not be pro¬ ven for or against cli¬ ent. EX'RS, ADM'RS, &c.—Court of Ordinary—1799. 281 Jurisdiction of Court of Ordinary—Clerk. EXECUTORS AND ADMINISTRATORS, COURTS OF ORDINARY, GUARDIANS, ORPHANS, POOR, MARRIAGE LICENSES, IDIOTS, LUNA¬ TICS, &C. ART. I. COURTS OP ORDINARY. « II. DISTRIBUTION OF ESTATES. " III. EXECUTORS', ADMINISTRATORS' AND GUARDIANS' DUTIES. " IV. IDIOTS AND LUNATICS. «« V. POOR LAWS. " VI. WILLS. ART. I. COURT OF ORDINARY.—OFFICERS AND JURISDICTION.* Sec. 1. Jurisdiction—Clerk. " 2. Marriage License. " 3. Clerk's fees. " 4. Entails. " 5. Return on marriage license. " 0. Appeal. " 7. Citizens only Administrators. " 8. Jurisdiction. " 9. Terms—Probate of Will. " 10. Opening of Court. " 11. Adjournment. Sec. 12. Clerk may open, &c. " 13. Probate out of County. " 14. Certificate. " 15. Original will—Caveat. " 16. File of newspapers. " 17. Open to inspection. " 18. Administration—where granted. " 19. Guardianship—where. " 20. Term second Monday January. " 21. Proceedings legalized. " 22. License to Jewish ministers. An Act to carry into effect the sixth section of the third article of the Constitution, and to mniend an Act entitled, fyc. [The Act of 1789, see sec. 59] and to prevent Entails.—Approved Feb. 16, 1799. Vol. I. 219. 1. Sec. I. From and after the passing of this Act, the Inferior J"risd!£tion. . r . . . , of the Court Courts in each Comity shall have jurisdiction1 and authority to hear ordinary, and determine all causes, matters, suits, and controversies, testament¬ ary, which shall be brought before them touching the proof of wills: and shall examine arid take the proof of wills,f grant probate thereof, and shall hear and determine the right of administration of estates of persons dying intestate,! and to do all other things touching the granting letters testamentary and letters of administration according to law and right and shall appoint its own Clerk, who shall be The court commissioned by the Governor,11 and before he enters on the duties a cierk.P°mt of his office shall take an oath well and truly to perform the duties *As to the power of the Court to compel the attendance of witnesses, see Art. " Ex¬ ecutors," &c. sec. 85. tWitnesses must attend, see sec. 85 this title. See also sec. 9, authorizing probate in vacation. Also sec. 13, in County where testator died. JSee Act of 1847, sec. 18, as to County in which administration may be granted. No administration on an Indian's estate; sec "Indians." $Sce sec. 8, recapitulating its jurisdiction. [1] Courts of limited jurisdiction. 7 Ga. Rep. 362. [2.] The commission is only prima facie evidence of right, anl the Courts may look be¬ hind it to inquire into the validity of the election. 8 Ga, Rep. 360. 2S2 EXTRS, ADM'RS, &c.—Court ov Ordinary—1709-1805. Marriage licenses—Return thereon. required of him as Clerk of the Court of Ordinary, to be adminis¬ tered by one of the Judges thereof.* Sec. II. [As to letters of administration, see sec. 73 of, this title.] may gran't Sec. III. The Clerks of the Courts of Ordinary in the sev- murriage H- eral Counties shall grant marriage licenses, directed to any Judge, bitntis m:iy Justice of the Inferior Court, Justice of the Peace, or minister of the b'jpubll5lied'gospel,f to join persons of lawful age, and authorized by the Leviti- cal degrees to be joined together in.matrimony ; and where such per¬ sons intending to marry shall have the bans of marriage published three times in some public place of worship, it shall be lawful for such Judge, Justice of the Inferior Court, Justice of the Peace, or minister of the gospel, being duly certified thereof, to marry the persons whose bans have been so published and any person mar- trp'rorn'nv" 1T^11S auY couple without such license or publication of such bans P:t«om tu" shall forfeit $500, to be recovered for the use of the academy of the marry acou- ^ i • r i i • i ? pie without County, by action ol debt in any Court having cognizance thereof, pn?"ieati*n in the name of the commissioners of such academy. cVk'"fees. Sec. IV. The fees of the Clerk of the Court'of Ordinary shall be the same as the fees heretofore allowed to registers of pro¬ bates.^ Estates tan. 4. Sec. Y. Estates shall not be entailed. [See Conveyances, sec. 20, and note thereto.] , Sec. VI. So much of the said recited Act as comes within the purview of this Act shall be, and the same is hereby repealed. An Act to alter and amend the foregoing.—Approved Dec. 6, 1805. Vol'. II.' 259. clergymen Sec. IX. It shall be the duty of all ministers of the gospel, to maker- Justices of the Inferior Coitrts, or Justices of the Peace, who tumontho shall hereafter join together any person in the bonds of matrimony, .:enseaof t'feto in ike a ret iii ii on the marriage license of the actual intermarriage soiemniza- ^1S p-rties, and the day 011 which the same was solemnized, to IhaVi"hero- ^ie Clerk of t'lie Court of Ordinary, whose duty it shall be to enter corded. the same in a book to be kept by him for that purpose, for which he furrectniing-shall be entitled to ask and- receive the sum of twenty-five cents, which shall be paid when such license shall be granted ; which re¬ vue remm gister, or a certified copy thereof, shall be admitted as evidence of denre ofa'ic s1-10'1 marriage in any Court where the solemnization of such mar- marriage. riage shall be called in question. [For the remainder of this Act, see sec. 79 et seq. this title.] *Sce further as to the appointment of Clerk, filling vacancies, his bond, &c. " County Officers," sees. 11, 19, 33, 63. For his duties and fees, see generally the Acts under this general title and " Fees," sees. 11, 37 and note. fAs to Jewish marriages, see Act ox 1819, sec. 22. +Who must make return thereon to the Clerk, sec. 5. As to registry of births, see " County Officers," see. 31. For penalty for marrying a couple without a license, see " Penal Laws," sec. 239. J For fees of Register of Probates, see " Fees," sees. 11, 37, and note. EX'RS, ADM'RS; &c.—Court of Ordinary—1805-'10. 283 Appeals—Citizens only administrators, &c.—Jurisdiction. An Act to amend an Act to carry into •effect the sixth section of the third article of the Constitution of this State.—Approved Dec. 7, 1805. Yol. II. 268. Whereas, the Constitution of this State, in the said sixth section of the third article, declares that " the powers of the Court of Ordi¬ nary or register of probates shall be vested in the Inferior Courts of each County, from whose decision there may be an appeal to the Su¬ perior Court, under such restrictions and regulations as the General Assembly may by law direct," &c. 6; Sec. I. ' Be it enacted, That in case either party in the said Courts of Ordinary shall or may be dissatisfied with any decision ordinary ai- thereof, then and in all such cases, such dissatisfied party may within superior.th* four days after the adjournment of the said Court be allowed to en¬ ter an appeal, by paying all costs which may have accrued, and giv¬ ing security to the Clerk of the said Court of Ordinary1 for such further costs as may accrue by reason of such appeal, which appeal so en¬ tered shall be by the said Clerk transmitted to the Clerk of the Su¬ perior Court of the County in which such proceedings may take - place, at least ten days before the next Superior Court of said County; and which said Superior Court shall determine thereon at such term, according to law and right,* and letters testamentary or of adminis¬ tration shall not be granted or issued until the decision of such ap¬ peal by the said Superior Court; but the said Court of Ordinary may, 1^tne,Porary pending such appeal, grant temporary letters to collect the estate of the deceased.! 7. Sec. II. No letters testamentary or of administration shall be Jf^a"ted granted to any person or persons who is or are not a citizen or citi-many but zens of the United States, residing in the State of Georgia. the U. S. res- Sec. III. All Acts heretofore passed militating against this Actldent m Ga" shall be, and the same are hereby repealed. An Act to am,end an Act for the more effectually securing the pro¬ bate of Wills, limiting the time for Executors to qualify and widows to make their election, and for other purposes therein men¬ tioned.—Approved Dec. 15, 1810. Yol. II. 668. 8. Sec. I. The Inferior Court when sitting for ordinary purposes, UJT0"" a shall be known only as the Inferior Court sitting for that purpose,9 court of Gr¬ and that their. Clerk shall be known as the Clerk of Ordinary only ; Thei/pow- aud that the said Inferior Court when sitting for ordinary purposes,er, An Act to authorize the adjournment of the Superior and Inferior Courts and Courts of Ordinary in certain cases, by the officers therein named.—Approved Dec. 8, 1823. Vol. IV. 211. Whereas, it frequently happens from unavoidable circumstances that the Judge of the Superior Courts—a majority of the Justices of the Inferior Courts, cannot attend at the regular term of said Courts and that a term is thereby lost, to the great injury of those concerned, as well as a delay of justice, be it therefore, &c. [Secs. I. III. and IV. See Judiciary, sec. 42.] adiournm't 11. Sec. II. If, from any circumstance as aforesaid, a failure oVdinary0by should take place in making a Court of Ordinary in any of the Coun- a"d thege fies in this State, either at a regular term or at any adjourned term, Cierk- that it shall and may be lawful for any one Justice of the Inferior *See .sec. 1, this title. See also subdivision " Idiots and Lunatics/' sec. 174, as to Guardians of Idiots and Lunatics. fSecond Monday in January, see sec. 20. jFor officers to attend and open Court, see secs. 10, 11, 12 ; adjournment in certain cases, 11, 12. §See Acts of 1823, secs. 11 and 12. EX'RS, ADM'RS, &c— Court of Ordinary—1823-'38. 285 Adjournment—Probate in County of testator's death. Court, with the Clerk of the Court of Ordinary, to adjourn said Court to such time as they may think, in their judgment, proper. An Act to amend mi Act, &fc. and to provide for the opening and ad¬ journing of the several Courts of Ordinary in this State, in certain cases.—Approved Dec. 20. 1823. Vol. IV. 211. Sec. I. [See Judiciary, sec. 291.] 12. Sec. II. It shall be the duty of the Sheriff of each County t0 in this State, either by himself or deputy, to attend at the Court attend o'ts of Ordinary house of their respective Counties, of each and every day of holding or the ci'ka Courts of-Ordinary, for the purpose of opening and adjourning said ]!]urn.ad" Courts, unless such Sheriff shall procure some Constable of such County to perform such duty ; and in case the Sheriff shall at any tiifie fail to comply with the requisitions of this Act, it shall and may . he lawful for the Clerk of said Court to open and adjourn such Court, any law to the contrary notwithstanding.* An Act to authorize the probate of Wills in certain cases, in the Coun¬ ty where the testator died or may die.—Assented to Dec. 29, 1838. Pam. 255. 13. Sec. I. When any person shall depart or has departed this county of °f life testate, and when without the limits of the County of the citi- r°.^t"ee0'f zenship of said testator, it shall and may be lawful for the will of the win in the said testator to be admitted to probate in the County of the residence hiaUdeath.f of the witnesses to the will of any testator as aforesaid : Provided, said witnesses shall reside at the time of the probate of the will, in the County where said testator died or may die. 14. Sec. II. The certificate under the hand and official segl of certificate of the Clerk of the Court, where such probate may be made, shall be d!nc!TofV1~ sufficient authority and evidence of probate, to authorize the granting Probate- of letters testamentary, or administration, with the will annexed, and in the proper County, and under legal restrictions by proper au¬ thority. 15. Sec. III. The Clerk of the Court where such will may be original win proven as aforesaid, shall transmit the original will, together with ny Mrtifi-a~ the certificate aforesaid, to the Clerk of the Court of the Countycate' where letters testamentary or administration are, or may be granted, and it shall be the duty of the Clerk of the Court last aforesaid, to record said will, as is now provided by law, and when a caveat caveat— shall be filed to said will, the same shall be tried in the County where tried- where such letters testamentary or administration are or may be granted. Sec. IV. All laws and parts of laws militating against this Act, be and the same are hereby repealed. * See previous sections. 286 EX'RS, ADM'RS, &c.—Court of Ordinary—1839-'43. File ofnewspapers—Jurisdiction-*—Term of Court. An Art to make it the duty of the Clerks of the Court of Ordinary of the several Counties in this State to preserve the evidence of Legal Notices in certain cases, and in relation, to the appointment of Administrators and Guardians in certain cases.—Assented to Dec. 21, 1839. Pam. 38. c. c. o. to 16. Sec. I. From and after the passage of this Act, it shall be newspaper".'' t^e duty of the Clerks of the Court of Ordinary of the several Coun¬ ties in this State, to keep in their respective offices a regular file of the newspaper in which they may advertise the notices required by law to be advertised.* iabject to ^EC* II. Said newspaper filed as aforesaid, shall at all times inspection. pe subject to the inspection of any person interested in any notices published therein. Sec. III. [See Article Executors, &c. sec. 134.] Administra- 18- Sec. IV. In all cases hereafter,letters of administration shall county of" only be granted by the Court of Ordinary of the County where the residence" deceased resided at the time of his death, if a resident of this State.f so also'' 19. Sec. V. In all cases hereafter, letters of guardianship shall fbfp.dian °»1y be granted by the Court of Ordinary of the County where the minor or ward resided at the time application for letters of guardian¬ ship is made, if said minor or ward reside in this State.f Sec. VI. [See Article Executors, &c. sec. 135.] Sec. VII. [Repealing clause.] An Act to alter and fix the time of holding the Court of Ordinary and Land Courts, in the several Counties in this State, from the first to the second Monday in January, annually.—Assented to Dec. 23, 1843. Pam. 37. Session on 20. Sec. 1. Be it enacted, That from and after the first day of day°ii?Janu- January, eighteen hundred and forty-five, the Court of Ordinary and 'dr>* Land Courts of the several Counties of this State, shall be hell on the second Monday in January an nil ally, in place of the first Mon¬ day of said month. business on 21. Sec. II. Ail business transacted i i sai l Courts which may gaUze'cT le_be held on the second Monday in January, shall be deemed as legal as if the same had been transacted on the first Monday—any law or usage to the contrary notwithstanding. An Act to authorize Clerks of the Courts of Ordinary in the several Counties of this State to grant Marriage Licenses directed to Jewish Ministers, or other persons authorized, to perform the marriage cere- *Eor Act directing in what paper he shall advertise, see title " Judiciary," Article *' Officers of Court," sec. 388. fSee further as to rules and mode of granting letters, Art. " Executors, Administra¬ te:* > .t id f"h it VanAs to probate of wills in certain cases, see previous Act, sec. 13. EX'RS, ADM'RS, &c.—Distribution, &c.—1792. 287 Debts, order of payment. many between Jews, and to authorize Jews to be married according to their own forms.—Approved Dec. 5, 1849: Pam. 69. • 22. Sec. I. Be it enacted, That the Clerks of the Courts of Or-censed tl# dinary shall upon application being made, grant and direct marriage licenses to any Jewish minister or other person authorized to perform jewish'min- the marriage ceremony between Jews, and that such person so per-lster*' forming the marriage ceremony shall make a return on the license in manner and form as is now required by law. Sec. II. All laws and parts of laws militating against this Act be and the same are hereby repealed. ART. H. DISTRIBUTION OF ESTATES.* See. 23. Debts—order of payment. " 24. Trust liabilities. " 25. Rules of distribution. " 26. Distribution by order of Court. " 27. Illegitimates. " 28. Realty—advancements. " 29. Husband—sole heir. " 30. Wife—sole heir, when. j " 31. Notice of Distribution. " 32. Publication of. " 33. One year's support. *' 34. Mother—last child. Sec. 35. Widow marrying. " 36. Children of former marriage. " 37. Husband's title. " 38. Mortgage precedence. " 39. $100 support. " 40. Valuation. " ' 41. Previous rights. 42. Childrens' support. " 43. Assessment. " 44. Return. " 45. Expenses. " 46. Illegitimates. An Act to be entitled an Act to protect the Estates oj orphans, and to make permanent provisions for the poor.—Approved Dec. 18, 1792. Yol. I. 220. 23. Sec. X. The debts due by any testator or intestate, shall be iM>t?-in paid by executors and administrators in the order following, viz : to be pail' funeral and other expenses of the last sickness: charges, of pro¬ bate and will, or of the letters of administration,! next debts due to the public ; next judgments,1 mortgages! and executions : the eldest first; next rent; then bonds or other obligations ; and lastly, debts due on open accounts; but no preference whatever shall be given to creditors in equal degree,§ where there is deficiency in as- *For Act requiring Administrators, &c. to make a dividend at the end of 12 months, see Art. " Executors, &e." sec. 54. Sec also sec. 51, for Act declaring Executor's interest under a will where not express¬ ly mentioned. For Act in relation to survivorship among joint tenants, see " Judiciary," Article " Joint Tenants," sec. 293. fl axes to be lirst paid, see " Tax," sec. 14. Debts due as Guardian, Executors or Administrators, sec. 24. See also as to widows' and childrens' support, sees. 33, 39, 42. ^Explained by Act of lvid, sec. 88. ('Same provision, Act of 17C4, see Art. " Executors,. &c." sec. 53. (1.) Judgments have priority over debts for rent, bonds, Ac. 5 Ga. 274. Promissory notes are upon the same footing with bonds and other obligations. 5 Ga. 274. A covenant of warranty of title, when broken, is a specialty. 5 Ga. 274. Judgments obtained against an administrator, rank only as the debts on which they ara founded, 5 Ga. 275. 288 EX'.RS, ADM'RS, &c.—Distribution, &c.—1792-'99. Notice to creditors—Suits. sets, except in cases of judgment, mortgages that shall he recorded, from the time of recording, and executions lodged in the Sheriff's office, the eldest of which shall be first paid; or in those cases where a creditor may have a lien on any part of the estate. Every execu- six weeks' tor or administrator shall give six weeks' notice by advertisement in "iven to be one ^ie Pubhc gazettes in this State, or at three different places of creditors, the most public resort in the County, for creditors to render an ac¬ count of their demands ; and they shall be allowed twelve months to ascertain the debts due to and from the deceased, to be com¬ puted from the probate of the will or granting letters of administra- Crcditors tion. And creditors neglecting to give in a state of their debts with- must make . . . • , oo ... demand in m the time aforesaid, the executors or administrators shall not be Ii- or tile execu- able to make good the same, nor shall any action be commenced istratm^not1 against any executor or administrator for the recovery of the debts h^own'es0' due by the testator or intestate, until twelve months after such tes¬ tate. tator or intestate's death.* [For the remainder of this Act, see Art. " Executors, &c." sec. 61 to 70, and "Poor," sec. 191.] An Act for the better protection and secur ity of Orphans and their Estates.—Approved Feb. 18, 1799. "Vol. 2*25. [For the first four sections, see Art. " Executors, Administrators, > adm'r, shall chargeable with the estate of any orphan or deceased person, to him, bie aa'su'chf" her, or them committed, shall die so chargeable, his, her, or their ex- shaii b^na- ecutors or administrators shall be compellable to pay out of his, her, or same before their estate, so much as shall appear to be due to the estate of such deut°ther orphan or deceased person, before any other debt of such testator or intestate.1 *See further as to suits against them, " Judiciary," sec. 71. Against Administrator* de bonis 71 on, " Judiciary," sec. 77. fl.J Even though reduced to judgment in lifetime of tnistee. 1 Kelly, 266. EX'RS, ADM'RS, &c.—Distribution—1804. 291 Distribution and degrees. An Act to amend an Act entitled an Act to carry into effect the sixth section of the fourth article of the Constitution■ touching the dis¬ tribution of Intestates' Estates, directing the manner of granting Letters of Administration, Sfc. Dec. 23, 1789.—Approved Dec. 12, 1804. Yol. II. 193. 25. Sec. I. When any person holding real or personal estate Jfhdeis^f"jS!* shall depart this life intestate, the said estate, real and personal, shall ingmtes- be considered as altogether of the same nature and upon the same footing, so that in case of there being a widow and child, or children, widows and they shall draw equal shares thereof,1 unless the widow shall preferchildr,jn- her dower,* in which event she shall have nothing further out of the real estate than, such dower ; but shajl nevertheless receive a child's part or share out of the personal estate. And in case any of the children shall die before the intestate, their lineal descendants shall stand in their place and stead : In case of there being a widow and no child or children, or representative of children, then the widow shall draw a moiety of the estate, and the other moiety shall go to the next of kin in equal degree, and their representatives.! If no widow, the whole shall go to the child or children-! If neither Next of widow, child, or children, or legal representative of the children, the whole shall be distributed among the next of kin, in equal degree, and their representatives; but no representation shall be admitted Rcpreseta- among collaterals further than the child or children of the intestate'stlon" brothers and sisters. If the father or mother be alive, and a child Parentai dies intestate and without issue, such father, or mother in case the father be dead, and not otherwise, shall come in on the same footing as a brother or sister would do : [Provided, that such mother, after Widow -in_ having intermarried, shall not be entitled to any part or proportion termanyiBg. of the estate of a child who shall die intestate and without issue, but the estate of such child shall go to and be vested in the next of kin on the side of the father :]<§> [And provided also, that on the Death oftr® death of the last child intestate and without issue, the mother shallUstcluUi" take no part of his or her estate, but the same shall go to and be * vested in like manner in the next of kin on the father's side. |[] And in case a person dying without issue, leaving brothers o.r sisters of whole ana the whole and half blood, then the brothers and sisters of the whole half blo"A and the half blood, in the paternal line only, shall inherit equally ; but if there shall be no brother or sister, or issue of brother or sister of the whole or half blood in the paternal line, then those of the half blood, and their issue in the maternal line, shall inherit.il The *For time of making election, see " Dower," sees. 1, 9. flly Act of 1829, sec. 30, widow takes tlie whole. JAs to advancements, see sec. 28. [This proviso repealed and another substituted in lieu thereof, by Act of 1843, sec. 35. ||The proviso in italics repealed by Act of 1841, see sec. 34. 11 As to illegitimates, see sees. 27 and 46. See also "Land," Art. "Lotteries," &c. sec. 101. [1.] Where there is a wife and i/raudchiidren, bat no children, the grandchildren taken per utirpr .i-.hI not p-r capita. 6 Ga. 39. An infant in ventre sa mere inherits from collate- als. 7 Ga. 535. 292 EX'RS, ADM'RS, &c.—Distribution—1812. Degrees of consanguinity—Distribution by order of Court. Degrees of next of kin shall be investigated by the following rules of consan- cojisangmni- o J o v- guiuity, viz : children shall be nearest; parents, brothers and sisters shall be equal in respect to distribution ; and cousins shall be next to them.* Sec. II. So much of the above recited Act as is repugnant to this Act, shall be, and is hereby repealed. An Act to alter and amend an Act for the more effectually securing the probate of wills, limiting the time for Executors to qualify, and widows to make their election, and for other purposes therein mentioned.—Approved Dec. 10, 1812. Vol. III. 283. of'olratesTy 26. Sec. I. The Courts of Ordinary upon application made by oriorof c't. ayjy administrator, administratrix, guardian, or distributees of any estates, shall appoint three or more freeholders of the County in which such application shall be made, whose duty it shall be to divide the said estate subject to distribution into as many parts or shares as there are distributees, and assign, by lot or otherwise, as to them shall seem proper, one of the said parts or shares to each distributee, or bw!d"d'n8 ^is, her or their guardian or legal representative ; the said distributee or his, her or their guardian or legal representative, first giving bond and approved security to the said administrator to refund his or her proportionable part of any debt which may be afterwards established against the said estate, and the costs attending the recovery of such wriUii"'"o debt. Provided, always, the party so applying shall give to all the &!>ys- " parties in interest within the State written notice thereof twenty Ninety days, days, and those without the State, ninetyf days before the meeting * See Act of which this is amendatory, as to rule in case of more distant degrees, sec. 59 of this title. " It will he- seen by the table (which goe3 no further than the Statute has provided) that the widow and children, or other lineal descendants of the intestate, stand in the first degree, " Brothers and sisters of the whole blood, and brothers and sisters of the paternal half blood (that is, such as the father may have had by a l'Grmcr wife) and their children, are in the second degree. "Brothers and sisters of the maternal half blood, and their children in the third. " [The father of the intestate, if alive ; or if he is dead, the mother (if still unmar¬ ried) to take with those of the second or third degree as the case may happen.] " And the first cousins of the intestate stand in the fourth degree. " For the degrees of consanguinity beyond the fourth, we follow the English, [see sec. 59] which adopts the canomcal mode of computation. This will give us, within a range of three generations above, and as many below, that of the intestate, the follow¬ ing result: " Fifth degree, grandfathers and uncles.* " Sixth degree, great grandfathers, great uncles, the children and grandchildren of great uncles, the children of first cousins, and the grandchildren of the intestate's brothers. "Seventh degree, the brothers of great grandfathers, the children, grandchildren and great grandchildren of such brother; the grandchildren of the father's first cousin, the grandchildren of the intestate's first cousin, and the great grandchildren of the in¬ testate's brothers. " Eighth degree, the great grandfather's first cousin, the children, grandchildren, and great grandchildren of such cousin, the great grandchildren of the grandfather's first cousin, the great grandchildren of the father's first cousin, and the great grandchildren of the intestate's first cousin. And so on." lJrince. fFour months by publication, by Act of 1837, sec. 32. *For conciseness, cue sex only i= mentioned, but the other most In all rases hcurideiitoed as intended The classes in italics are those of the generation cctenDporaiy with the intestate. EX'RS, ADM'RS, foe.—Distribution—1816-21. Illegitimates—iiealty and personalty. of the Court at which the said application is made. And provided, also, that the persons so making distribution shall be previously sworn JphPcoif1^onfl to make the same according to justice and equity without favor or are m affection to any of the parties, to the best of their skill and under¬ standing.*1 i Sec. II. [See Art. " Executors," &c. sec. 93.] An Act to explain and amend an Act entitled u an Act to regulate Escheats in this State, and to appoint E scheators.f passed the 5th December, 1801.—This Act approved Dec. 13, 1816. Yol. III. 276. Whereas, the term heirs, in the said Act contained, has been so construed as to prevent children, born of the body of the same mother, from being capable of inheriting or transmitting inheritance : 27. Be it enacted, Sfc. That where any woman shall die intestate, illegitimate leaving children commonly called illegitimate, or natural, born out howmey" of wedlock, and no children born in lawful wedlock, all such estate f^m'thdr1* whereof she shall die seized or possessed, whether real or personal, mother, shall descend to and be equally divided among such illegitimate or natural born children and their representatives, in the same maimer as. if they had been born in wedlock ; and if any such illegitimate and from or natural bom child shall die intestate, without leaving any child or one anoth<*" children, his or her estate, as well real as personal, shall descend to, and be equally divided among his or her brothers and sisters, born of the body of the same mother and their representatives, in the same manner and under the same regulations and restrictions as if they had been born in lawful wedlock.f « Sec. II. [Repeals all conflicting laws.] An Act to be entitled an Act to amend and explain an Act passed the Ylth December, 1804, entitled u an Act to amend an Act entitled an Act to carry into effect the sixth section of the fourth article of the Constitution, touching the distribution of Intestates' Estates, directing the manner of granting Letters of Administration, Let¬ ters Testamentary, and Marriuge Licenses, passed 23d Decem¬ ber, 1789," as respects Advancements to Children in the lifetime of the Intestate.—Approved Dec. 25, 1821. Yol. IY. 206. 28. Sec. I. When any person holding real or personal estate intestates' shall depart this life intestate, the said esta'e, real and personal, shallontiie^me be considered altogether of the same nature, and upon the same foot- distrlbuioiT ing as to distribution,2 which shall take place agreeably to the pro- *SIavcs may be sold for the purpose of distribution, see Art. " Executors," &c. sec. 79. tAmended, see Act of 1850, sec. 46. See also " Land," Art. " Lotteries," &c. sec. 101. (1.) Setting apart a share to the husband of a distributee and leaving it with the admin¬ istrator does not amount to a reduction to possession by the husband. 1 Ke^j/, 637- [2.] The administrator and the heirs can either maintain ejectment for land in Georgia. 3 felly, 105. A sale of land under a judgment de bonis testatoris divests the title of the heirs. 9 Go. Rep. 234. 294 EX'RS. ADM'RS, &c.— Distribution— 1821-'27. Advancements—Husband sole heir of his wife. visions of the before recited Act ;* but whenever there shall he a tuciiiiijivu child or children of an intestate who shall have any estate by set- fri the life- ^ j j ctmeof in- tlement of the intestate, or shall be advanced by the intestate in bis fakeneinto e or her lifetime, by portion or portions, equal to the share which shall Siion.'cpu ^7 such distribution be allotted to the other children to whom such distribution is to be made, he, she or they in that case shall receive no further distribution of the said intestates' estates.1 And whenever any child shall have an estate by settlement from the said intestate, or shall be advanced by the intestate in his or her lifetime by portion, not equal to the share which may be due to the other children by distribution as now established ; then so much of the surplusage of the estate of such intestate as shall make the estate of all the children of. such intestate to be equal as near as can be estimated ; Provided, How to be such advancements, when brought into hotch-pot, shall be estimated according to the value of the property at the time such advancement No interest was made, and no interest allowed thereon. Sec. II. [(riving to husbands the administration on the estates of their wives—re-enacted in 1827. See sec. 29.] Sec. III. [Repeals all conflicting laws.] An Act declaring and making certain the lata regulating ihe rights of husbands in and to the property of their deceased wives, and ' for other purposes.—Approved Dec. 26, 182.7. Yol. IV. 220. Preamble. 29. Whereas, the Legislature of this State did, on the 25th of Dec. 1821, pass an Act entitled " an Act to amend and explain ail Act, passed the 12th#Dec. 1804, entitled an Act to amend an Act en¬ titled an Act to carry into effect the sixth section of the fourth ar¬ ticle of the Constitution touching the distribution of intestates' es¬ tates, directing "the maimer of granting letters of administration, let¬ ters testamentary, and marriage licenses, passed 23d Dec. 1789, as respects advancements to children in the lifetime of the intestate," by the second section of which Act it is provided, " that in case of a feme-covert dying intestate, the husband may demand and have administration of their rights and credits and other real and personal estates, and recover and enjoy the same without being subject to distribution and whereas, the constitutionality of said second sec^- tion is doubted, by reason of its departure from the title of said bill; for remedy whereof, Husband Be it enacted, That in every case where a feme-covert has died Sis'intes- ° within this State intestate since the said 25th of Dec. 1821, or may tate wife. iiereafter die intestate, the husband shall and may demand and have- administration of their rights and credits, and of other real and per¬ sonal estates, and recover and enjoy the same without being subject *See Act of 180-1, sec. 25. (1.) Widow takes no benefit from advancements to children. Beavers vs. Winn, 9 Ga. Rep. EX'RS, ADYFRS, &c.—Distribution—-1829-37. 295 Wife sole heir of husband in certain cases:—Parties out of the State. to distribution, any law, usage or custom to the contrary notwith¬ standing.* 1 An Act to amend the Act of the 23d Dec. 1826, to amend the Act to enable Feme Coverts to convey their estates, and for confirming and making valid all conveyances and acknowledgments hereto¬ fore made by Feme Coverts,f passed the 2£th of April, 1760, so far as the same relates to Feme Coverts conveying their dower ; and also to enable the wife to inherit the ivhole estate of her de¬ ceased husband.—Approved Dec. 21, 1829. Yol. IY. 225. 30. Whereas, it is provided in the second section of the Act of widows in the 23d Dec. 1826, "That whenever it shall so happen that anyesStVofnT- person shall die intestate and without issue, his wife shall inherit the ig. whole estate, both real and personal, of her deceased husband, aftersue- paying his just debts and whereas, doubts are entertained of the constitutional validity of said enactment, on account of a want of conformity between the title and the body of the Act: • Be it therefore enacted, That the said recited 'second section of the Act of 1826 shall be, and it is hereby declared to be in full force and effect after the passage of this Act, so far as the same may affect any case or cases that may hereafter arise. An Act to alter and a,mend an Act for the more effectually securing the probate of wills, limiting the time for Executors to qualify, and wi¬ dows to make their election, and for other purposes therein mentioned ; passed December, 10,1812.—Assented to Dec. 25, 1837. Pam. 93. 31. Sec. I. Beit enacted, That part of the above recited Act no written requiring administrators, administratrix, guardians, or distributees of pan^1 «ut any estate, to give personal notice in writing, to be served twentyofUieStaTe- days on the parties in interest if in the State, and ninety if out of the State, be, and the same is hereby repealed so far as respects no¬ tices to parties out of the State. 32. Sec. II. Before any administrator, administratrix or distrib-4montiisno- utee of any estate shall get an order for the distribution of any es- tate, from any of the Courts of Ordinary in this State, he shall give to all the parties twenty days notice if in this State, and if residing out of the State four months notice, by advertising at least twice a month in one of the newspapers of this State, any law to the con¬ trary notwithstanding. •See Appendix, " Statute of Frauds," sec. XXV. As to real estate of wife vesting in husband on marriage, see Art. " Executors," &c. sec. 59. fFor that Act see " Conveyances," sec. 5. (1.) Upon death of feme covert her separate estate vests in her legal representative. 1 Kelly, 381. A vested remainder vests in the husband as administrator. 4 Ga. 377- Husband entitled to all her choses in action, whether reduced to possession or not. 4 Ga. 341. 2% EX'RS, ADM'RS, &c.—Distribution—1838-'43. Support of widow and children—Mother's right of inheritance. An Act for the relief and support of Widows and Orphans, out oj the estates of their deceased husbands and parents.—Assented to Dec. 29, 1838. Pain. 201. suppmt'to 33- Sec. I. Be it enacted, That from and after the passage of MdWiddren ^ct> when any person shall die, leaving a widow and children, or a widow, or child, it shall and may be lawful for the executor or administrator thereof, to allow out of the effects of such deceased person, a reasonable support and maintenance for the space of twelve months next ensuing, immediately after the death of such testator, or intestate, notwithstanding any debts, dues, or obligations of said testator, or intestate.*1 Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to repeal part of the first section of an Act passed on the twelfth day of December, eighteen hundred and four, touching the distribution of intestate estates, Sec.—Assented to Dec. 11, 1841. Pam. 136. rhaI1 34. Sec. I. Be it enacted, That from and after the passage of tabent from 7. ^ o last cbiid. this Act, that the second provision contained in said section, which is in these words : "That on the death of the last2 child, intestate, and without issue, the mother shall take no part of his or her estate, but the same shall go to and be divided in like manner in the next of kin on the father's side shall be, and the same is hereby re¬ pealed. An Act to repeal a part of the first section of the Act passed on the twelfth day of December, eighteen hundred and four, entitled an Act, to amend an Act, entitled an Act, to carry into effect the sixth section oj the fourth article of the Constitution, touching the distribution of in¬ testate's estates, directing the manner of granting letters of adminis¬ tration, letters testamentary, and marriage license ; and to insert another proviso in lieu of that repealed.—Assented to Dec. 22, 1843. Pam. 125. Stennat61 it enacted, That the proviso contained in the first section "age. of the above recited, in the following words : uProvided, that such mother, after having intermarried, shall not be entitled to any part or proportion of the estate of a child who shall die intestate, and with¬ out issue ; but the estate of such child shall go to and be vested in the next of kin on the side of the father," be and the same is hereby ♦See " Judiciary," Art. "Action, Commencement, &c." sec. 83, for Act giving wife and child one half of any amount recovered for injury causing death of husband; see also Acts of 1850, sees. 40 and 42, of this title. (1.) Construed in Hopkins vs. Long, 9 Ga. Hep. (2.) Last child of mother. 6 Ga. 125. EX'RS, ADM'RS, &c.—Distribution—1845-'50. 297 Former children of feme covert—Preference of mortgages. repealed. And that the following be inserted in lieu thereof, to wit: Provided, that such mother, after having intermarried, shall not be entitled to any part or portion of the estate of such child, who shall die intestate and without issue, unless it shall be the last1 or only child. An Act to change and point out the mode of inheritance in certain cases therein mentioned.—Approved, Dec. 26, 1845. Pam. 34. 36. Sec. I. Be it enacted, That from and after the passage of this Act, whenever any feme covert having a child or children, liv- Former ehn. ing, by a former husband, shall be entitled to property by inherit- coverts to ance, such property shall not belong to the husband of such feme ertylilhent- covcrt, as heretofore, but shall be equally,divided between all the chil-ei* dren of such feme covert and said feme covert. 37. Sec. II. Such property, so divided as aforesaid, the parts or shares so allotted to any child or children by a previous marriage, ®[e{; het shall be vested in such child or children, and the part or parts so al- dron's shar* lotted to such feme covert and to her children by her last husband, husband,1"* shall vest in such husband in the same manner as said property would vest under existing laws. An Act to explain the tenth section of the Act passed on the ISth day of Dec. 1792, entitled " an Act to protect the Estates of or¬ phans, and to malce permanent provision for the poor."—Ap¬ proved Dec. 27, 1845. Pam. 43. 38. Be it enacted, That in the payment of the debts of any de¬ ceased person or persons, no debts secured by mortgage shall be en- Mortgage titled to any priority over any other debt of equal degree, except so ext^nd^i; far as relates to the property mortgaged. pro^ny^ An Act to more effectually provide for the maintenance and protec¬ tion of widoips and orphans.—Approved Feb. 23, 1850. Pam. 394. 39. Sec. I. Be it enacted, That from and after the passage of this Act, in case any husband shall die leaving a wife and child or a^of®r^ wile and children or an orphan child or children under age, and the ow andchii- whole estate of said deceased shall not be more than sufficient to pay dreu* the debts of said deceased, then and iii that case the said wife and child, or children, or orphan, shall be permitted to hold and enjoy for their support and maintenance, free from levy and sale for any debt or demand which existed against the husband or father at the time of his death, the sum of one hundred dollars' worth of such effects as they or their guardians may select for their welfare and comfort. (1 ) Last surviving child of mother. 6 Ga. 126. 38 298 EX'RS, ADM'RS. ^.—Distribution—1850. ljUOO to v.-idow and children, and .support for ouo year—Mode of valuat ion. nv.ke'ti'.e'0 ^''• ^"-C. II. It shall in' all st^ch cases bo the d,uty of the Clerk vaiuation. of the Court of Ordinary to make the valuation and set apart the property which is declared to be exempt from levy and sale under the provisions of this Act, and report the same to'the Court of Or- Orderotc't. dintiry, whose duty it shall be to order said report to be recorded on the minutes of said Court, and the property contained in said report shall be and it.is hereby declared to be vested in skid widow and child, or children, or orphan, or orphans, for the purposes herein be¬ fore- specified. No previous 41. Sec. III. Nothing herein contained shall be so construed as sedid.super ta^e from widows and orphans any property and rights now allow¬ ed them by law. Sec. IY. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to allo w the widow and children of deceased persons a support out of the estate of ihe deceased, for the term of twelve months af¬ ter the decease, in cases where no administration has been granted on the estate of the deceased, and to ascertain the amount necessary Jor the support, and set apart the same, and to exempt it from levy and sale for the debts of the deceased or by an administration, and to vest the title thereof in the family of the deceased.—Approved Feb. 22, 1850. Pam. 395. , support for 42. Sec. I. Be it enacted, That from and after the passage of uiiidrLffor when any persons shall die leaving a widow and children,, one year. or a widow and child, and no administration is granted by the prop¬ er authority, on the estate of the deceased, the widow and child, or children, or either of them, shall be allowed a reasonable support and maintenance, out of the estate of said deceased, for twelve months after the death of said deceased, notwithstanding any debts, dues, and obligations of said deceased, justices of 43_ SEC. II. It shall be the duty of the Justices of the Peace of tllC 1 6JIC6 * shall assess the several militia districts in this State, on the application of the 'esunt widow of any person deceased, in their respective districts, or the person having the care of the child, or children of th© deceased, to go to the late residence of the deceased, and assess the sum necessa¬ ry for the support and maintenance of the family of said deceased for the term of twelve months, and to set apart that amount in m$n- ey, or such property as may be selected by the widow or person hav¬ ing the care of the children of said deceased, if there be no widow, at a fair valuation to be made by the said Justices of the Peace, and and sot apart the money or property so set apart shall be exempt from levy and sale tfce property. « by virtue of any judgment, and from the control of any administrator of said estate, afterwards appointed to administer the estate of said de¬ ceased, and the title thereto shall vest in the family for their support and maintenance. 44. Sec. III. It shall be the duty of the said Justices of the Peace, to return to the next Court of Ordinary in their County, a schedule of EX'RS, ADM'RS, &c.—Ex'its, Abm'rs, &c. 299 lie turn—F ces—Illegitimates. the property so set apart for the support of the family of the deceas- ordinary0 ed, with the valuation as fixed by them, together with the amount necessary for the support of the family, as determined by them, and the said Court of Ordinary shall order the same to be entered of Recorded, record by their Clerk in a book to be kept by him for that purpose. 45. Sec. IV. The said Justices of the Peace shall be paid by the fees <>f j. «. applicant the sum of one dollar each for their services, and the Clerk an ' of the Court of Ordinary the same fee for recording the same as he is allowed for recording by law. Sec. V. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to alter and amend " an Act to explain an Act to regulate Es¬ cheats in this State, and to appoint Escheators,passed the 13ih day of December, in the year 1816," so far as to'alloio bastards or natural bofn' children of widows, to inherit from their mother, under certain circumstances therein specified.—Approved Feb. 11, 1850. Pa^ 172. 46. Sec. I. Be it enacted, That from and immediately after the m egUimatos passage of this Act, all bastards or natural born children of widows, lll'lhlr/™ when said widows shall die intestate, shall inherit the real and per- sonal estate of their deceased mothers, acquired and accumulated mates.D during widowhood, equally with the child or children of said wid¬ ows, born in lawful wedlock, any law, usage or custom to the con¬ trary notwithstanding. ART. III. EXECUTORS, ADMINISTRATORS, AND GUARDIANS ; AP¬ POINTMENT AND DISMISSION ; BONDS; DUTIES AND POWERS; SALES BY, AND CLAIMS.* * As to the manner and cases in which made parties, see "Judiciary," sec. 71,77. " Attachment," &c. sees. 8, 51, 55. May appeal without security, " Judiciary," sec. 131. For remedy of Executor or Administrator of deceased Sheriff against deputy, see "Judiciary," sec. 368. Promises to pay intestates' &c. debt, must he in writing; see " Statute of Frauds," " Appendix." For Act protecting estates from double tax, see "Tax," sec. 108. As to Notice to Creditors and suits by them, see this title, Article "Distribution," see. 1. As to power and place of appointment, see this title, Article " Court of Ordinary," passim. As to distribution generally, see thaftitle. As to Guardians of Idiots and Lunatics, see that[title. No administration on the estate of an Indian, sec " Indians." Suits against, with surviving co-obligor, see "Judiciary," sec. 101. jX'e exeat against persons running off property, see " Judiciary," sec. 226. For Act authorizing suit for injury, causing death of testator or intestate, see " Ju¬ diciary," subdivision, " Action, Commencement, &c." sec. 83. 300 ex'rs, adm'rs, &o.—ex'rs, adm'rs, &c. Analysis. Sec. 47. Their duty. " 48. Former oath. " 49. Liability for estate. " 50. Sales of Personalty. " 51. Debtors—Executors. " 52. Appraisers' oath. " 53. Creditor—Administrator. *' 54. Distribution—-when made. " 55. Executors, de son tort. " 56. Commissions. " 57. Additional compensation. " 58. Division of Commissions. " 59. Rule of granting letters.—Wife's realty on marriage. " 60. Letters to Register. " 61. Annual returns. " 62. Inventory and Appraisement. " 63. Administrator, with will annexed. " 64. Detention of Will. " 65. Executor's oath. " 66. Bond of Administrator—with will, 8,-e. " 67. Administrator's oath. " 68. Bond, &c. " 69. Widow, Administratrix—marry- ing. " 70. Executor, de son tort. " 71. Contracting Vendor dying. " 72. Bond, &c. " 73. 30 days' notice; temporary letters. " 74. Clerk's list of Administrators, Sic. " 75. Annual returns; waste. " 76. Process vs. Delinquents. " 77. Guardian's returns—poor orphans. " 78. Hours of Sale. " 79. Sale of Slaves. " 80. To best advantage. 81. Relief of Sureties. " 82. Prevention of waste. " 83. Vendee—dying. " 84. Vendor and Vendee dying. " 85. Witness to Wills. " 86. Executors—qualifying, when. " 87. Claims to realty. " 88. To personalty. " 89. Executors, qualifying, when. " 90. Letters Dismissory. " 91. Annual returns. " 92. Revocation of Letters. " 93. Administrators, &c. removing. " 94. Clerk Court of Ordinary, Adminis¬ trator, de bonis, fye. " 95. Account «ith. " 96. Compensation. " 97. Sale of realty. " 98. Guardian's Oath and Bond. " 99. Return to -Clerk. " 100. Guardians, &c. wasting. " 101. Clerk's docket—for returns. " 102. Failing—penalty. " 103. Natural G ..aruian's Bond. " 104. Bonds made valid. " 105. Sale of realty. " 105. Discretion or Administrator. " 107- Guardian's dismission. ' " 1 Jo. irtne " 119. Disposition of property. " 110. Clerk Guardian. Sec. 111. Guardian's Bond. " 112. Guardians of Illegitimates. " 113. Sale of minor's realty. " 114. Making parties. u 115- Executors, &c. mismanaging. 116. Removing or absconding. 117. Interest under Will. 118. Female Executrix marrying. 119. Service of Rules. 120. Record of Bonds. 121. Hiring of Slaves. 122. May be kept together. 123. Rent or buy land. 124. Guardian's returns. 125. Side of Slaves. 126. Record of final receipts. 127. Copy evidence. 128. Other receipts. 129. Clerk's fee. 130. Non-resident Guardian. 131. Proof and proceedings. 132. Suit by. 133. Realty—sale of. 134. Clerk Court of Ordinary Adminis¬ trator. 135. Additional Securitv. 136. Executrix de sotjffc. marrying. 137. Funds in hand of dismissed Ex¬ ecutor. 138. Bonds made valid. 139. Formal variance. 140. Returns by surety. 141. Executor removing. 142. Trust funds—State Stock. 143. Funds in Court. 144. Sale of Stock. 145. Free from Tax. 146. Land in two Counties. ( 147. Account with Administrator ds bonis. 148. Widow—Guardian. 149. Habeas Corpus—discretion. 150. Guardian by will of Widow. 151. Clerk Court of Ordinary', Guard'm 152. Former appointments. 153. Commissions. 154. Option of Clerk. 155. Interest charged. 156. Hereafter. 157. Additional Compensation. 158. Sale of bad notes. 159. Return and Voucher. 160. Attorneys' fees. 161. Application for Guardianship. 162. Clerk's fees. 163. Qualification of Administrators, Sic. 164. Clerk, Guardian or Administra¬ tor. 165. Letters Dismissory. 166. Executors not resident in County. 167. Liability. 168. Returns, when made. 169. Providential hindrance. 170. Commissions. 171. Titles by Administrator, &c. 172. Foreign Executors, &c. 173. Suits, &c. by. EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c..—1764. 301 Appraisement—Inventory—Liability. An Act to direct Executors and Administrators, in the manner and method of returning Inventories and accounts of their Testators' and Intestates' Estates, and for allowing them and all other persons who shall or may be intrusted with the care and. management of Minors' and other estates, to charge commissions thereon.—Approved Feb. 29, 1764. Yol. I. 213. 47. Whereas, for preventing any fraudulent disposition or embez¬ zlement of the estates of persons deceased, it is highly expedient that executors and administrators should be obliged to render true and perfect inventories and appraisements ot the estates and effects of their testators and intestates, come to their hands and possession: And whereas, it is also fit and reasonable, that as well executors and administrators, as all guardians and trustees, shall have an allowance for their trouble and care in the management of the estates commit¬ ted to their trust: Sec. I. Be it enacted, That from and after the passing of this Duty of ex>n> Act, all and every executor and administrator, who shall before the and adm'r3- Ordinary* of this province, for the time being, or such person as he shall depute or appoint,! qualify him, her, or themselves, for the ad¬ ministration of the estate and effects of his, her, or their testator or intestate, shall, upon oath, be bound to produce and show to the ap- shall P™- praisers that shall be appointed by the Ordinary for that purpose, or goods'of tbe any three "or more of them, all and singular the goods and chattels of,leccagetL his, her, or their testator or intestate, as have or shall come into his, her, or their, or either of their hands, possession, or knowledge ; and within sixty days after such his, her, or their qualification, shall cause Tobe ap- to be made a true and just appraisement, upon oath,! °f arid singu- fn^dayi!11 lar the goods and chattels aforesaid, and exhibit, or cause to be ex¬ hibited the said appraisement, certified under the hands of any three or more of the appraisers aforesaid, within four<§> months after such his, her, or their qualification, together with a full and perfect inven- inventory, tory of all and singular the rights and credits of the said testator or intestate, whether the same be in ready money, judgments, bonds, Money, or other specialties, or notes of hand, together with a list or schedule of account, of the books of account,1 of such testator, to which books all parties concerned shall, upon request, and at convenient times, have free ac¬ cess : and every such executor and administrator shall be, and they are madecbarge- hereby made chargeable with the real value of the goods and chat- tels in the said inventory contained, and with so much of the credits caonjd. lected. ♦The Ordinary here mentioned was in the place of bishops or other ecclesiastical judges, [see Statute 22 and 23, Ch. II. chap. 10,] who under the British government had cogni¬ zance of these matters, as well in this province as in England. Under the Constitution of 1777 [Vol. I. 12,] this jurisdiction vs'as given to the register of probates ; and by the Act of 1709 [sec Art. 1,] to the Inferior Court, who have since discharged the duties which in England appertain to the Court of the Ordinary. ■fBut see Act of 1792, sec VII. and note thereto, sec. (37 of this title. JFor oath, see sec. VI. this Act, sec. 52. §Three months, by Act of 1792, sec. 62. (1.) Partnership effects should be included. 1 Kelly, 239. Effect of .inventory, 8 Oa. Hep. 383, 399. 302 EX'RS, AD^*RS, &c.—Ex'rs, Adm'rs, &o.—1764. Liability—Sales of personalty—Debtors made Executors. only as he, she, or they, after due care and proper diligence, shall re¬ cover and receive, in like manner as executors and administrators are made chargeable by the Common and Statute Law of England.1 48. [The oaths of executors and administrators are afterwards prescribed more concisely in the Act of 1792, and this section is therefore omitted. The oath to be taken for the execution of a will, whether by an executor named therein, or by an administrator with Die will annexed, will be found in sec. 65 ; and the oath of adminis¬ trators, where there is no will, in sec. 67. It may, however, not be improper to call the attention of executors and administrators to the following passages containing a succinct outline of their duties ; al¬ though they are not now to be sworn to the performance of them: " And that you will produce to, show, and inform the appraisers, that shall be appointed by the Ordinary, all and singular the goods and chattels of the deceased as already have, or shall before the day of making the appraisement, come to your hands, possession, or knowledge." And directing them to make a true and perfect inventory, " whether the same be in ready money, judgments, bonds, or other specialties, or notes of hand, together.with a list or schedule of the books of ac¬ count of such testator and intestate person, and exhibit, or cause to be exhibited the said inventory and schedule, together with the ap¬ praisement of the said deceased's goods and- chattels, certified under the hands of three or more of the appraisers aforesaid."] And whereas, a custom hath prevailed among executors and ad¬ ministrators of taking estates, or some part thereof, at the appraise¬ ment, when such -appraisement hath often been under the real value j for prevention whereof for the future, <®ot allowed 49. Sec. III. Be it enacted, Sfc. That no executor or adminis- @tateskatth8 trator shall hereafter be permitted to take any estate, or any part *Xe'sebut thereof, at the appraisement, and that no appraisement to-be made as rst„t aforesaid shall be binding or conclusive,# either upon the creditors, taiue there- legatees, next of kin, or other person interested in such estate, or up¬ on the executors or administrators, but all and every such executor and administrator shall be chargeable and accountable for the true value of such estate, any practice to the contrary notwithstanding. advertised0 ®EC- ^ ^ tended sales of goods and chattels, belonging 40 days. to testators or intestates, shall be published in two or more public places in the parish [countij] where such effects are t > be sold, and in the gazette, at least forty days before the day of such intended sale.f2 ©cbtors 51. Sec. Y. In case any person in the province shall hereafter •13151(16 CX TS J X X •notreleased happen by his will to appoint his debtor to be his executor, such ap- -nnless ex- pointment shall not, in Law or Equity, be construed or deemed to 1oaf!dyinthehe a release or extinguishment of any debt due to the testator, unless -wuL tjle testator shall in his will expressly declare his intention to devise, * lie-en acted, 1792, sec. 62. fllours of sale, Act of 1804, sec. 78. To the best advantage, 1805, sec. 80. (1.) See 8 ca. 396. (2.) Slaves aro rrt included in this section. 1 Kelly. 347. EX'RS, ADM'RS, &c.^—Ex'rs, Adm'rs, &c.—1764. 303 Appraiser's oath.—Creditor, Administrator—Dividends among creditors. bequeath, or release such debt, any law, usage, or custom to the con¬ trary notwithstanding. 52. Sec. YI. No appraisers that shall hereafter be appointed to appraisers , . . . iin to be sworn. appraise any testator's or intestate's goods and chattels, shall enter upon that office before they shall have taken the following oath be¬ fore one of his Majesty's Justices of the Peace of this province, who is hereby empowered to administer the same ; " You, A, B, C, D, E, F, Their oath* do swear, that you will make a just and true appraisement of all and singular the goods and chattels (ready money only excepted,) of G H, deceased, as shall be produced by I K, the executor or adminis¬ trator of the estate of the said G H, deceased, and that you will return the same, certified under your hands, unto the said I K. executor or administrator, within the time prescribed by law." Sec. YII. [Directing administrators to give bond—re-enacted, see sec. 68.] 53. Sec. YIII. No'letters of administration shall hereafter be Letters of granted by the Ordinary of this province to- any person or persons tion may whomsoever, as principal creditor or creditors to any intestate, but f^fndpii10 a upon special trust and confidence, and for the benefit of all and singu- "ust^orThe lar the rest of the creditors ; and that all debts* of an equal nature °[her credit- shall be discharged by- such -administrator or administrators in average Debts in and proportion, as far as the assets of the intestate shall extend, and to be1 dfs?6* that no- preference shall be given amongst the creditors in equal de- average a" gree ;f and that every such administrator and administrators shall be obliged to sue for such debts which he or they may reasonably expect to recover, or at the request and proper charges of any of the to sue. creditors of the intestate, assign and empower them, or any of them, to sue for the debts outstanding to the estate of such intestate, any law, usage, or custom to the contrary notwithstanding. i And, that no creditor or creditors, to be appointed administrator or administrators in trust, as hereinbefore mentioned, may retain, in his or their hands, the 'mopeys he or they shall receive by virtue of such administration, longer than necessary, 54. Sec. IX. Be it enacted, that every such administrator or Intestates' administrators, shall within twelve months after the death of his or dfstrfbutedS their intestate, or after his or their obtaining administration thereon,13iaJUth3- make a dividend of the moneys arising from such intestate's estate and effects, to and among the several creditors in like proportion as aforementioned : and in case such estate and effects shall not then be Second di¬ vision to fee wholly divided, a second dividend thereof shall be made within two made in two years from the death of the intestate, which second dividend shall be y°a'J" final, unless any suit shall be then depending, or any part of the in¬ testate's estate standing out, or unless some future estate of the lutes- After assets, in 3 months tate shall afterwards come to the hands of such administrator or ad- after they ministrators, in which case he or they shall, as soon as maybe, con- ar°sotm" vert such future estate into money, and shall within three months after, divide the same, to which effect it shall be inserted in the con- *For order of payment, see this title, Article "Distribution," sec. 23. fSbe sec. 24, as to debts due as Guardian, Administrator, &c. see also section 23, 304 EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—176* Neglect—Commissions. dition of the bond to be given as aforementioned, on obtaining letters of administration.* adrerrsfne ^EC' X. Every executor and administrator who shall not iecting their within the time aforesaid, or within such further or other reasonable executors °in time as the Ordinary shall think fit to give, make and return into the wrong,Wn Secretary's officef aforesaid such inventory and appraisement as is hereinbefore directed to be made and returned, and who shall make default in mentioning or inserting therein all or any of the credits or effects of his, her, or their testator, or intestate as aforesaid, which shall come into their hands to be administered, every such executor or administrator shall be, and they, and each of them, are hereby made chargeable with qnd subject to the payment of all and singular the said testator's and intestate's debts, legacies, and bequests, in the same mariner as executors of their own wrong are subjected and made chargeable by the Common or Statute Law of England.^ Commis- 56. Sec. XI. It shall and may be lawful to ,and for all and every cc°utor^&c. executor and administrator, guardian and trustee, for his, her and their haTf°perct.a care> trouble and attendance, in the execution of their or either of their on money several duties and trusts, to take, receive, or retain, in his or their received, and two and hands, a sum not exceeding fifty shillings for every hundred pounds, on monCfcyCt* which he,- she or they, shall hereafter receive, except on the apprais- paidaway. e(j va[ue 0f any estate that shall come into their hands; and the like sum of fifty shillings for every hundred pounds which he, she, or they, Exceptions, shall pay away in debts, legacies, or otherwise, (excepting also 'the delivering up any such estate to the person or pereons entitled to the same, during the course and continuation of their, or either of their Ten perct. management or administration,) and so in proportion for any sum less of interest'1 than one hundred pounds ;<§> Provided nevertheless, that no executors ney'ioaned0 or administrators, guardian or trustee, shall, where they have power so to do, for his, her, or their trouble, in letting out and lending any sum or sums of money upon interest, and again receiving the moneys so lent and let out, be entitled to receive, take or retain, any sum exceed¬ ing the sum of twenty shillings for every ten pounds for all sums aris¬ ing by moneys lent to interest, so to be by them received, and in like proviso, proportion for a larger or lesser sum : and provided also, that no ex¬ ecutor, administrator, guardian, or trustee, who is or may be creditors of any testator or intestate, or to whom is or may be left or bequeath¬ ed any sum or sums of money, or other estate or effects,' shall be enti¬ tled to any reward or commissions for the payment or retaining to themselves any such debts or legacies, any law, usage, or custom, to the contrary notwithstanding. But, as it may be very difficult to ascertain the proper and ade¬ quate allowance to be made in all cases, and as the sums herein be¬ fore allowed may not be sufficient compensation for the care, trouble and pains which executors, administrators, guardians, or trustees may •Distribution among heirs, &c. by order of Court, see this title, Art. " Distribution,'' sec. 26. tNow Clerk of the Court of Ordinary, ".[.Maybe dismissed, see subsequent Acts. (Additional compensation under c rtain circumstances, see next section ; also Act of 2.84:7, section 157. EX'RS, ADM'RS, &c—Ex'rs, Adm'rs, &c.—1764-'89. 305 Additional compensation—Rules of granting letters—Wife's realty. take in the'management of their respective trusts, in some particular cases— ' ' .1 57.'Sec. XlI.M Be it enacted, fyc. That if any executors, admin- admSra- istrators, .guar diet nfe, or trustees who shall have had extraordinary fors> &c-may ^ oriiis suit ir trouble, in the-management of the estates under their care, and shall the Superior not be satisfied with the sums herein before mentioned, such execu- ditional com • tors, administrators, guardians, or trustees shall and may be at liberty a^may"'™- to bring an action in the General Court of Pleas for their services, cover not ex- ^ , " ceeding two and the verdict of the Jury and judgment of the Court thereupon a ^ a half per ct. more. shall be final and conclusive in such cases ; Provided, always, that no verdict shall be given for more than fifty shillings per cent, over and above the sums allowed by this Act.* 58. Sec. XIII. The commissions given by this Act shall be di- commis- vided among executors, administrators, guardians and trustees, ac- ^vMed be cording to the proportion of the services by them respectively per- formed, to be rated and settled by the Chief Justice and two of the their servic- Justices of the General Court of Pleas, in case the executors, admin-es* istrators, guardians and trustees cannot agree among themselves con¬ cerning the same. Sec. XIV. This Act shall be and continue in force tor the term of seven years, and from thence to the end of the next session of Assembly, and no longer.f An Act to carry into effect the sixth section of the fourth article of the Constitution touching the distribution of Intestates'1 Estates, directing the manner of granting letters of administration, letters testamentary, and marriage licenses.—Approved Dec. 23, 1789. Vol. I. 216. Sec. I. [Rules of descent —Re-enacted with amendments in 1804. See sec. 25.] 59. Sec. II. The same rules shall obtain in regard to the grant- rules of ing letters of administration on intestates' estates, as are before men- terfof adet tioned for the distribution thereof:% and should any case arise, which is not expressly provided for by this Act, respecting intestates' estates, [[• ti > be deposited shall he deposited with the inventory and appraisement, or other pa¬ ter mspction pers belonging to such estate in said office, there to be kept for the ^arge!1 inspection of such persons as may be interested in the said estate f and that no charge shall be made for such search and inspection by Bx'rs and persons interested ; and if any executor or administrator shall neglect fidm,rs shall * ( ^ forfeit their to render such annual accounts, he shall not be entitled to any com- for"nTgiect.ns missions for his trouble in the management of the said estate,!3 anc^ *The Act of February 18, 1799, says " at the first term" in every year, sec. 75. The Act of Dec. 15, 1810, says "once in each, and every year," sec. 91. But by Act of 1850, "by the first Monday in July," sec. 168. In 1841, (Pam. 129,) an Act was passed requiring executors, administrators, and guardians to include in each annual return all notes taken since their last return, which Act was repealed in 1842, (Phm. 85.) Both Acts are omitted. fBut see Act of 1850, sec. 168. (1.) See Echols and Wife vs. Barrett, deciding that the apppointment of one of the Court of Ordinary while he is presiding is void. 6 Ga. Rep. 443, (2.) Such return prima facie evidence only for the administrator, &c. 5 Ga. 29. Failuw to make returns casts suspicion on a settlement. 6 Ga. 419. (3 ) No commissions allowed where annual returns have not been made. 6 Ga. 265, 8 Ga. 419. See Act of 1850, sec. 168. EX'RS, ADM'RS, &c.—Ex'as, Adm'rs, &c.—1792. 307 Security—Appraisement—Administration with will annexed—Oath. shall moreover be liable to be sued for damages by any person or per¬ sons interested in the said estate. [Here follows a passage directing executors and administrators already appointed, to render an account within twelve months—temporary.] And in cases where any person sup'r court shall die intestate and appoint an executor or executors to h«is will, complaint, against which executor or executors there shall be any charge of ne- glect or malpractice by any devisee, legajee, or creditor, that the ritr- Superior Court shall hear and determine, such charge and complaints, and if the Judge of such Court shall determine in favor of the ap¬ plication, then and in such case the Judge of the Court shall order and direct that the executor so complained of shall give security, in the discretion of the Court, for the faithful execution of the trust.* 62. Sec. II. When any will shall be proved, or application is Estates to be made for administration of the estate of any person dying intestate, LnYappraii the Register shall direct the executors or administrators to make outedin 3m°,s* an exact inventory of the personal estate of the deceased, and shall appoint three or more reputable freeholders, who shall appraise the same on oath, which inventory and appraisement shall be returned within three months into the Register's [now Clerk's of Ordinary] office ; and every appraisement made as aforesaid may be given in ApPrau«- evidence in any action against such executors or administrators to ™eeconciu-to prove the value of the estate, but shall not be conclusive if it shall ^nc7o[ the appear on the trial of the cause that the estate was really worth or yalue- bona fide sold for more or less than such appraisement.]-1 63. Sec. III. When any person shall make a will in writing Admmistra- without appointing any executor or administrator therein, or such win executor or executors shall refuse to qualify,]; the Register of Pro- ca^sVt£at bates of the County wherein such will shall be proved, shall, on ap- s^nted. plication, grant letters of administration, with the will annexed, to such person or persons as would have been entitled thereto, if the deceased had died intestate. And if any person shall die intestate, the Register of the County wherein the will of such person (had he or she left one) would have been proved, shall grant letters of admin¬ istration to them who would have been entitled thereto. 64. Sec. IV. If any person having in possession the will of a Person deceased person, shall neglect to produce the same to be proved, upon liable to fine application to the Superior Court of the County where such will QameX'*" ought to be proved, process as for contempt shall issue, and the person shall be fined and imprisoned until the will shall be delivered. 65. Sec. V. Every executor or administrator, with the will an- ■ nexed, at the time of proving the will or granting administration shall take the following oath " I do solemnly swear that this writing contains the true last will of the within named A B, deceased, so far *See Act of 1805, sec. 81, giving jurisdiction to the Court of Ordinary forisame pur¬ pose. See sec. 91 and note. +See sec. Ill, Act of 1764, sec. 49 of this title. JAs to the time in which executors must qualify, see sees. 86, 89. $By Act of 1850, administrators, executors, and guardians may be qualified, and give bond in vacation, see sec. 163. [1.] See 8 r,a. 396. 308 EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1792. Bond—Oath of Administrator! as I know or believe; and that I will well and truly execute the same, by paying first the debts, and then the legacies contained in the said will, as far as his goods and chattels will thereunto extend, and the law charge me ; and that I will make a true and perfect inventory of all such goods and chattels, so help me God." admVw?th 6b. Sec. VI. And the administrator with the will annexed, shall nexed '!1 an enter lllt0 bond,* with good and sufficient security, in a sum equal to the value of the estate at least, the condition of which bond shall • be in the form following,! to : " The condition of this obligation is such that if the above bound C D, administrator, (with the will annexed,) of the goods, chattels, and credits of E F, deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands or possession or knowledge of the, said C D, or into the possession of any other person for him ; and the same so made, do exhibit to the Superior Court of the County, or to the Register of Probates thereof, at such time as he shall be thereunto required by the said Court or Register, and the same goods, chattels and credits do well and truly administer according to law, and make a just and true account of his actings and doings when by law re¬ quired ; and further do well and truly pay and deliver all the legacies contained and specified in the said will, as far as the said goods, chat¬ tels and credits will extend or the law require, then this obligation to Towhom be void, else to remain in full force." Which bond shall be made shaii be" 3 payable to the Register,of Probates! f°r the Comity and his succes- made paya- gcrs j,tl Gfpce? ail(p recorded in the Clerk's office of the Superior How sued on (jcurt, and may be sued for from time to time^. by any person injured by the breach thereof,' until the whole penalty be recovered, and damage sustained being assessed on such suit by the verdict of a Ju¬ ry maybe levied by execution, and paid to the party for whom they were assessed. oati> of an. 67. Sec. VII. Every administrator, when letters are granted to aom" him, shall take the following oath or affirmation, as the case may he, There being before the Register of Probates:*1 "I do solemnly swear, or affirm, nOjWiii. t|lat ^ (jiec[ without any will, as far as I know or be- .lieve, and that 1 will well and truly administer on all and singular the g<-ids and chattels, rights and credits of the said deceased, and pay ali his just debts, as far as the same will extend, and the law re- qmms me; and that I will make a true and perfect inventory of all and smgular the goods and chattels, rights and credits, and a just re¬ turn thereof when thereunto required, so help me God." 68. Sec. VIII. And such administrator shall also enter into bond *X'y Act of 1850, administrators, executors anu guardians may he qualified, and give bond j.ii vacation, see sec. 163. tPeimal variance does not vitiate, Act of 1841, sec. 139. jlniericr Court sitting as a Court of Ordinary. Various forms of bonds declared valid, sees. 104, 108. pine > rijicq al and security in any executor's, administrator's or guardian's bond made -jii.e 13 th Liec. 1820, maybe sued in the same action ; " Judiciary," sec. 101, (1.) This oath, prior to Act of 1850, should be taken before the Court of Ordinary. 6 Oa. 443. EX'RS, APM'RS, &c.—Ex'rs, Adm'rs, &c.—1792. 309 Administrator's bond—Relief of surety—Marriage of Administratrix—Executors de son tort. with good security, to be appointed by the Register,* in a sum equal to the full value of the estate, with a condition following,! to wit: " The condition of the above obligation is such, that if the above Jd°™ni°j^n bound A B, administrator of the goods, chattels and credits of C D, tor's bond, deceased, do make a true and perfect inventory of all and singular no wfih61*8 the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession, or knowledge of the said A B, or into the hands or possession of any other person or persons for him: and the same so made, do exhibit into the said Court of , when he shall be thereunto required; and such goods, chattels and credits do well and truly administer according to law, and do make a just and true account of his actings and doings thereon, when re¬ quired by the Superior Court or Register of Probates for the County. And all the rest of the goods, chattels and credits, which shall be found remaining upon the account of the said administration, the same being first allowed by the said Court, shall deliver and pay to such persons respectively, as are entitled to the same by law, and if it shall hereafter appear that any last will and testament was made by the said deceased, and the same be proved before the Court, and the executors obtain a certificate of the probate thereof, and the said A B do in such case, if required, render and deliver up the said letters of administration, then this obligation to be void, else remain in full force." Which bond shall be made payable to the Register of Pro- p^,!0ad®d bates for the County in which the same shall be given, and to his recorded, successors in office, and recorded in the Clerk's office of the Superior Court,! and may be sued in like manner as is prescribed in the pre¬ ceding clause of this Act, in the case of bonds given by executors with the will annexed ; and in case the Register shall fail to take bond "rtht®kr®f with sufficient security as aforesaid, such Register shall be liable to ^1^tder1i!tefei° be sued for all the damages arising from such neglect, by any person liable to or persons interested in the estate. If the sureties for administra- Sureties of tors conceive themselves in danger of being injured by such surety- be ship, they may petition the Superior Court of the County wherein they stand bound for relief: which Court shall summon the adminis¬ trator to appear, and thereupon make such order or decree as shall be sufficient to give relief to the petitioner. $ 69. Sec. IX. [If any widow, after having obtained letters administration, shall marry again, it shall be in the discretion of the minfstratrix, Judge of the Superior Court, to revoke the administration to her agaiL/w^t granted, or join one or more of the next of kin to the intestate inmaybedone the administration with her. jj ] Sec. X. [See Art. Distribution, sec. 23.] fxs>rV?nth«ir 70. Sec. XI. All and every the executors and administrators of any own wroag, person or persons, who as executor or executors in his or their ownliable* wrong, or administrators, shall waste or convert any goods, chattels, •May give bond in vacation, see sec. 163. fFormal variance does not vitiate, Act of 1841, sec. 139. jln the office of C. C. O., see Act 1829, sec. 120. §Query; whether this jurisdiction is ousted by the subsequent Statutes giving the like power to the Court of Ordinary, sees. 81, 91. |See Act 1828, sec. 118, repealing this provision; it is retained, however, as explana¬ tory of the last. 310 EX'RS, ADM'RS, e the County in which the intestate died or resided at the time of his or her decease,| to make and execute titles in fee simple for such lands or tenements, and fully and completely perform the contract and agree¬ ment of the deceased, as perfectly and effectually, to all intents and purposes, as the party having made the said contract might or could *If they die chargeable, first debt to be paid, see this title, Art. •'Distribution" sec. 24. fSee sec. 84, where both parties die, and sec. 83, where the vendee is dead. See al¬ so " Judiciary," sec. 203, as to proceedings by administrator to sell land where bond is given. JThis latter provision repealed by Act of 1850, seo. 171. EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1799. 311 Thirty days' notice of application—Temporary letters. have done when in life, any law to the contrary notwithstanding : Provided always nevertheless, and be it further enacted, that if any "ssent'lin of the heirs or legal representatives of the deceased shall oppose or dissent to the making of such titles by the executor or administrator, such executor or administrator shall withhold and forbear to make such title or titles, until a suit shall be instituted against him or them, and a verdict of a Jury, or judgment of the Court, shall pass against him for that purpose. •' 72. Sec. II. It shall be the duty of such executor or executors, administrator or administrators, in all cases where titles to lands are and the bond made in virtue of this Act, to make a fair statement thereof, describ- cf'k^ ing the boundaries and situation of the land, and return the same, ^ec°0fu^e together with the bond, obligation, or other agreement in writing, which may have been taken up upon making such titles, to the Court of Ordinary, to be -filed in the Clerk's office of that Court, subject to the inspection of all persons interested. An Act to carry into effect the sixth section oj the third article of the Constitution, and to amend an Act entitled, &pc. [Act of 1789, sec. 61,] and to prevent entails.—Approved Feb. 16, 1799. Yol. I. 219. 73. Sec. II. All applications for letters of administration shall AppHcationf be made to the Clerk of such Court of Ordinary, who shall give no- administra- tice thereof in one of the public gazettes of this State, and by ad-mad^to'the vertisement at the Court house of such County, at least thirty days ?haiikgiveno- before the sitting of the said Court of Ordinary ■* and such Clerk 30^®^ may at his discretion grant letters to collect and take care of the ef- fore the sit- fects of the deceased, until the meeting of such Court ;f and the court. 6 said Court shall also grant such letters in all cases where there shall may be an appeal]: from the determination thereof to the Superior Court, { and in either case, the person obtaining such temporary letters of^ecoult administration, shall give bond and security for the faithful perform- ance of the trust reposed in such person or persons.1 denU lUe' Secs. I, III, IV and VI. [See Article Court of Ordinary, sec. 11 et seq.) Sec. V. [As to entails, see " Conveyances," sec. 20.] An Act for the better protection and security of Orphans and their Estates.—Approved Feb. 18, 1799. Vol. I. 225. 74. Seo. I. From and after the passing of this Act, it shall be ^'re^t0 en" the duty of the Clerks of the Courts of Ordinary, in the respective names of an Counties, to enter into a book to be kept for that purpose, the names andrs^a"d'M ians, and of their securi- * Same provision as to guardians, see Act of 1850, sec. 161. ties. fSee Constitution, Art. 3, sec. 6. j See Article " Court of Ordinary," sec. 6. [1.] Upon le tters being granted they revert baek to the death of intestate. 1 Kelly, 381. 312 EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1790. Waste—Prevention—Disbursements. of all the executors, administrators, and guardians, which may have been, or shall in future be appointed in the several Counties, together with the names of their securities, which book shall at all times be subject to the examination of the Inferior Court, and of such other person or persons as m^y be interested therein. au «uehper- 75. Sec. II. All guardians, executors, and administrators, here- thefirstc't tofore appointed, and which shall hereafter be appointed, shall at the retwnanac-next Inferior Court, after the expiration of nine months, in the re- oath ofnsueh spective Counties, after the passing of this Act, exhibit an account on •state,wh^h °ath of all the estate of such orphan or deceased person, which he or tered by the they shall have received, to be entered by the Clerk of the Court of boo?kept for Ordinary, in a book to be kept for that purpose only ;* and when such wast# ofse' Oourt shall know or be informed that any such guardian, executors,! •uck estates or administrators, shall waste, or in any manner mismanage1 the estate by guardians r -i a«d adm'rs, of such orphan or deceased person, or does not take due care of the vent#Sre education and maintenance of such orphan, according to his, her, or their circumstances, or where such guardian, executor, or administra¬ tors, or his, her, or their securities are likely to become insolvent, such Court may make such order for the better managing and secur¬ ing such estate and educating and maintaining such orphan, as they shall think fit. 76. Sec. III. It shall be the duty of all such guardians, executors, and administrators, to render a full and correct account of the state and condition of such estates qs they may severally have in their possession, to the first term J of the Inferior Court in the respective Counties, in which they shall severally be appointed, in every year,, which account shall contain a statement of the transactions of the estate to the last day of December preceding such Court; and the said Courts shall yearly at the Court aforesaid, examine the accounts of such guardians, executors, and administrators, so to be exhibited* Process to is- and shall direct process to issue returnable to the next Court against those1whodoall guardians, executors, and administrators then failing to appear toeirretums. and render such account, whether he, she or they be resident in the The court same or any other County ; and shall also inquire into the abuses or i™ to abuses* mismanagements of all guardians, executors, and administrators; and tih#dm0rrect whether they or their securities are likely to become insolvent or not, and thereupon to proceed according to the powers hereinbefore given Proviso. by this Act: Provided, that nothing herein contained shall be con¬ strued to restrain the said Inferior Courts from inquiring, as often as they shall think proper, into the abuses and mismanagement of guard¬ ians, executors, and administrators, but they may exercise such pow¬ ers at any time when it shall appear necessary. <§> feUanowedto ^' ^EC' IV- All guardians shall be allowed in their account, to reasonable charge all reasonable disbursements and expenses, suitable to the cir- ments aVd cumstances of the orphan committed to his care. And where it shall expanses. •See sees. 91, 92, (Act of 1810.) fSee sees. 81, 82, (Act of 1805.) +"By the first Monday in July," by Act of 1850. sec. 168. {As to the mode of serving Rules against them, see Acts 20th and 22d Dec. 1828, sec. 115, 119. LI.J See 8 Ga. 407. EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1799-1805. 313 Poor orphans—Hours of sale—Sale of slaves. appear to the said Court that the annual profits of the estate of any ^ndouTj^or orphan is not sufficient for the education and maintenance of such orphans, orphan, it shall be the duty of such Court forthwith to bind out the said orphan for the whole or such part of the time of such orphan's minority as to them shall seem best; and the person to whom such orphan shall be bound, shall undertake to clothe and maintain such apprentice in such manner as the said Court may direct, and shall cause such apprentice to be taught to read and write the English language, and the usual rules of arithmetic. And in all cases where in case of it shall appear to the Court, that any person to whom any orphan S'th®gulrd- shall b3 bound in manner aforesaid, shall misuse or ill treat such or-ian>tbe°'t i i may bind phan, or shall fail to comply with the condition on which such orphan the was bound, it shall be the duty of the said Court, on due notice and er person, proof thereof, to take the said orphan out of the possession of such person, and bind him or her to some other person. Sec. Y. [See article Distribution, sec. 24.] 4-Ti Act to regulate sales made by Executors and Administrators.— Approved Dec. 12, 1804. Yol. II. 207. , 78. Immediately from and after the passing of this Act, no sale sales to be made by executors or administrators shall commence before the hour andTo'ciock of ten o'clock in the forenoon, or be continued after the hour of four dayto°day°,ra o'clock in the afternoon ; nor shall any such sale be continued from "[1]tpj°seds0 ad~ day to day, unless tfie advertisement shall be so expressed, and the same be publicly made known by the hour of four o'clock in the af- the first day ternoon of the day on which the said sale shall commence. hours." sale An Act to alter and amend an Act, entitled an Act to carry into ef¬ fect the sixth section of the third article of the Constitution, and to amend an Act, entitled an Act to carry into effect, Sfc. [Act of 16th Feb. 1799, see sec. 73.]—Approved Dec. 6, 1805. Yol. II. 259. Sec. I. [Fixing the terms of the Court of Ordinary—re-enacted with amendments, sec. 8.] 79. Sec. II. No administrator shall be allowed to sell any slave Slaves P,ot J to be sold, or slaves belonging to the estate of his intestate ; hut where the other unless the personal estate, together with the hire of such slave or slaves for sonaityewiii twelve months, shall be insufficient to discharge the debts due by the debts?ory estate, or where one or more slaves shall'be subject to distribution, divhdonean1 and an equal division thereof cannot be made in kind, it shall be notother- lawful for the Court of Ordinary, by which administration was grant- made, ed, to direct the sale of such slave or slaves : Provided always, that Proviso each distributee, or his, her, or their guardian shall receive twenty days' notice, in writing, previous to the granting of such order, to show cause, if any he or they can, against such sale.* •See Act uf 1826, sec. 125,' as to sales of slaves. 40 314 EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1805-T Relief of sureties—Waste—Death of vendor and vendee. b9°putrupto SO. Sec. III. From and after the passing of this Act, it shall be be'-t advan t^ie duty administrators, of sales to he made by them, to put tage. up the property to be sold in such manner and quantity as shall be deemed most advantageous to said esiate.* Sec. IV. [Directing the division of estates by order of Court- re-enacted with amendments in 1812. See sec. 26.] Sureties of 81. Sec. V. Whenever securities for executors, administrators, Sow 't of the transactions of the estate to the last day of December preced¬ ing such return, together with the necessary vouchers relating there¬ to ; and it shall be the duty of said Court after examining the same, f^controi to approbate or reject such accounts, and it shall be the duty of such of the court Court to order the Clerk of such Court to record all such settlements in a bound book, to be provided by the Inferior Court for that purpose ; and the said Clerk shall receive for his fees for such recording,- the sum of fifty cents for each settlement so recorded. Sec. Y. The third section of an Act entitled " an Act "for the Repealing more effectually securing the probate of wills," Ac. passed the 10th day of Dec. 1807, be, and the same is hereby repealed. Sec. YI. [Temporary.] Sec. YII. [See Art. Court of Ordinary, sec. 9.] 92. Sec. VIII. The said Court shall have power and authority Sureties of . A . f, i administra- upon complaint made and cause shown by any security of any ad- tors and ministrator or' guardian, that his principal is mismanaging his estate ma^bere- upon which he is the administrator or guardian, to pass an order re- heved-1T quiring such administrator or guardian to show cause, if any they have, at the next term, why such security should not be discharged from his securityship, and such administrator or guardian compelled to give new security, or their administration or guardianship revoked, as to the said Court shall seem expedient, and upon the revocation of such administration, or upon the revocation of any letters testa- sore facias mentary as provided by law, and granting administration de boms piniLene non, suits brought by or against the former administrator, shall net for this cause be abated, || but the removal of' such administrator or executor being suggested on record, a sci.fa. may issue to make such administrator- de bonis non, a party at any time after the granting of such letters de bonis non. ♦Discharge not final, as to minors, see Act of 1850, sec. 1G5. As to letters dismissory of Guardians, see Act of 1826, sec. 107. See also Act of 1840, sec. 137, as to the dispo¬ sition of money in their hands not administered. fBy the first Monday in July, by Act of 1850, sec. 168. JKemoved for a failure, Act of 1821, sec. 100. §Of surety in certain cases, see Act of 1843, sec. 140. ||This provision re-enacted in 1821, see. 100. lIScc Act of 1792, sec. 8, and Act of 1805, sec.. 5, and Act of 1821, sec. 1, Act of 20th Dec. 1828, sec. 2 and 3, and 22d Dec. 1828, sec. 3. (1.) A comple tc bar, both in Law and Equity, prior to Act of 1850. 4 Ga. 516. 318 EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.— 1812-T5. Executor, Administrator, &c. removing—C. C. O. Adm'r. de bonis non. An Act to alter and amend an Act for the more effectually securing the probate at Wills, Spc. [15th Dec. 1810.1—Approved 10th Dec. 1812: Yol. III. 283. Sec. I. [See Art. Distribution, sec. 26.] admTnistra ^EC- -^ny executors, executrix, administrators, administra- tordorguard-trix, or guardian, whose residence shall be changed from one County ip4 to anoth- to another, either by the creation of a new County, removal or other- onre'moving wise, shall have the privilege of making the annual returns required and gMng them by this Act, to the Court of Ordinary of the County in which new security they reside, by having previously obtained a copy of all the records thefrTeturns concerning the estates for which they are bound as executors, execu- thenreside. trix, administrators, administratrix, or guardians, and having had the same recorded in the proper office in the County in which they then reside, and having given new bond and security as the law directs, for the performance of their duty.*1 An Act to authorize the several Courts of Ordinary in this State to appoint their Clerks administrators de bonis non in certain cases. —Approved Dec. 16, 1815. Yol. III. 284. • Whereas, there is no provision by law for the administration of the estates of deceased intestates in cases where the administrator or administrators die, and administration de bonis non cannot be grant¬ ed from the incapacity of the persons applying to give the security re¬ quired by law, or when the persons appointed refuse to give such se¬ curity, for remedy whereof, Where ad- 94. Sec. I. Be it enacted, fyc. That when the administrator, ad- d» bonis non ministrators, or administratrix of the estate of any intestate, shall die eannot'give before he has fully administered upon the estate, and the person or eierk'of'or-^ persons, whom the Court of Ordinary shall appoint administrators or dinaryshaii administratrix de bonis non upon such unadministered estate shall re¬ fuse to give the security required by law ; or when the applicant or applicants for letters of administration de bonis non, upon unadmin¬ istered estates, shall be incapable of giving the security required by law, it shall be the duty of the Court of Ordinary in the County where any such case shall happen, by special order of Court, to vest the fi¬ nal administration of such estates in the Clerk of the Court of Ordi¬ nary of said County,! or such other person as the Court may appoint; and such Clerk, or other person as aforesaid, when such special order shall have passed^ shail immediately proceed finally to administer on such unadministered estate, as soon as possible, under the direction •Explained by Act of 18-13, sec. 141. And extended by Act of 1850, sec. 166. fExtended to all cases, and amended by Act of 1839, sec. 134. See also Act of 1845, sec. 151, as to appointing them guardians in certain cases. The trust continues, though out of office ; see Act 1850, sec. 164. (1.) Where the provisions of this Act are complied with, the old sureties are relieved from all bather liability. 6 Go. 432. The near bond is a -ontlnuaticn of the Ad auardianship or administration. 6 Ga. 442. EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1815-T6. 319 Administrator de bonis non—Sale of real estate. of said Court; for which purpose the said Clerk or other person as aforesaid, shall have full power and authority to commence and de¬ fend suits at law, as the legal representative of such unadministered estate. Provided, that in all such suits at law, no other evidence shall Evidence of be required of the said Clerk, or other person as aforesaid, being the legal representative of any such unadministered estates, than an exefn- plified copy of the aforesaid special order of the Court of Ordinary.* 95. Sec. II. Whenever the administration of an estate shall be vest- Therepre- f ed in the Clerk of the Court of Ordinary, or other person as afore- the deceased said, according to the provisions of this Act, the executor, executors, to™&s fees account so examined by him the sum of fifty cents, which sum shall j^he'ac"" be paid by the executor, administrator, or guardian' exhibiting such c°unt. accounts for examination. Sec. IV. All laws and parts of laws heretofore passed which Repealing militate against this Act are hereby repealed. clause. An Act for the better 'protection of the Estate of Orphans, and amend¬ atory and explanatory of the second section of an Act passed Feh. 18, 1799, and an Act passed Dec. 15, 1810, entitled uan Act for the more effectually securing the Probate of Wills, limiting the time for * Executors to qualify and Widows to make their election f and for other purposes therein mentioned.—Approved Dec.' 21, 1821. Vol. IV. 205. Whereas, doubts have arisen in the construction of the before re- preamble, cited Acts as to the power of Courts of Ordinary to remove execu¬ tors, administrators and guardians from their respective trusts, where the authority has not been expressly given, to the injury of the es¬ tates of orphans and the delay of justice ; for remedy whereof, 100. Sec. L Be it enaxted, That from and after the passage of Guardians, this Act, when such Court shall know or be informed that any such^®^°^®r guardian, executor, or administrator shall waste or in any manner ^stemmis mismanage the estate of such orphan or deceased person, or does manage any . estate £tc not take due care of the education and maintenance of such orphan to be served . [or deceased person*] according to his, her or their circumstances ; Wlth a rule- or where such guardian, executor, or administrator, or his, her, or. their securities are likely to become insolvent; or where such exec¬ utor, administrator, or guardian shall fail to make returns within the terms prescribed by law, particularly where no inventory and ap¬ praisement shall have been made and returned in terms of the law ; said Court are hereby required to order a rule to be servedf on such guardian, executor, or administrator, so in default, returnable to the next regular term of said Court after the passing of the same; and upon the return of said rule being served, the Court shall proceed to investigate all the actings and doings of said guardian, executor, or administrator, (as the case may be,) and may and are hereby author- Trustconfid- ized and empowered to revoke the trust confided to him, her, or may0be r™ them, or pass such other or further order as said Court may thinkvoked' expedient and fit for the better managing and securing such estate, and educating and maintaining such orphan ;1 and upon the revoca- * Evidently a legislative blunder. fAs to mode of service, see Acts 20th and 22d Dec. 1828, sees. 115, 119. (1.) This remedy is cumulative, and does not prevent heirs, creditors, &c. from saing for a devastavit. 1 Kelly, 78. 41 322 EX'RS, ADM'RS, &c.—Ex'rs Adm'rs &c.—1821-'23. Docket—Natural Guardians. abate "y110 tl0n such letters testamentary, letters of administratorship or guard- such revoca- ianship, suits by or against either shall not for this cause abate ; but fadas to the removal being suggested of record, a scire facias may issue to cessor"par-C~ make the successor of such removed person a party at any time ty- after the appointment and qualification.*1 Docket to be 101. Sec. II. It shall be the duty of, and the several Clerks of names^of6 the Court of Ordinary of this State, from and after the first of Jan- bTe to'make uary next, are hereby required to keep a regular docket in bound, returns. books of the names of such persons as are liable to make returns to said respective Courts, and the Justices thereof are hereby required to call the same regularly, and to make their entries therein, as is practised by the Judges of the Superior Courts, f Penaity on 102. Sec. III. For each and every term after the time aforesaid, failing. the said Clerks shall fail to comply with this Act, they and each of them shall forfeit and pay the sum of thirty dollars, the onp half for the use of the County academy where such forfeiture may occur, and the other to the informers. An Act mare effectually to secure the property of Minors against the mismanagement of their natural Guardians, hy requiring Bond and Security as in other cases of Guardianship of such Guard¬ ian.—Approved Dec. 22, 1823. Vol-. IV. 212. Natural 103. From and immediately after the passage of this Act, when- livnbond t0 ever ailY property shall descend to any child or children, whose father w^enany'ty or m°ther shall be in life, either by virtue of the Act of distribution^ shXbeyac ^ any deed, or gift, such child or children shall be consid- quiredbytheered orphans, so far as to authorize the Court of Ordinary, executor, ch,Id" or administrator, or trustee, as the case may be, to withhold such property from such natural guardian until a reasonable security be given, to be judged of by the Court t>f Ordinary, for the faithful per- On failure, formance of said trust ;2 and provided farther, that if such natural apnniBtsomc guardian shall fail or refuse to give such bond and security, then and one else. jn piat cage sa^ Qomq may appoint some other fit and suitable per¬ son to act as such, first compelling such person to give good and sub¬ stantial security, as is now required in other cases of guardianship. An Act to make valid, binding, and legal all bonds given in this State by Administrators and Guardians, payable to the Court of Ordi¬ nary , members of the Inferior Court, Judges of the Inferior Court, *Same provision, Act of 1810, sec. 92. As to making executors and administrators parties generally, see " Judiciary," sec. 71; see also Act of 1828, sec. 114 of this title. tSee Act of 1799, sec. 74. (1.) Guardian ad litem may still be appointed in Equity. 2 Kelhj, 73. Where the probate of a -will is revoked., and letters of administration granted, the administrator cannot, under this or any other Statute, be made a party to a suit pending against the exccutor3. 6 Ga.21. (2.) Until such security given, the mother, ag natural guardian, has ne control over the a* tateof he- ch'ldren. 6 Ga. 401. EX'RS, ADM'RS, &c.—Ex'its, Adm'rs, &c.—1825-'26. 323 Bonds legalized—Sale of real estate. Justices of the Court of Ordinary, and Justices of the Inferior Court sitting for ordinary purposes in any County in t,his State.—Ap¬ proved Dec. 17, 1825. Vol. IV. 215. 104. All bonds or other instruments in writing, heretofore given Bonds in va¬ in order to secure the faithful administration of any testate or intes- [o°court of tate's estate, or executors, or the guardianship of the person and hexd'vaifd. property, or the person or property of any minor or minors, or insane person or persons, orphan or orphans, made payable to the Court of Ordinary, Justices of the Court of Ordinary, members of the Court of Ordinary, members of the Inferior Court, Judges of the Court of Ordinary, Judges of the Inferior Court, or Justices of the Inferior Court, sitting for ordinary purposes, in any County in this State, not heretofore the subjects of adjudication, or not now under adjudication before any judicial tribunal having competent authority, be, and the said bonds and instruments so given as aforesaid, are declared bind¬ ing, legal, and valid in any Court of Law and Equity in this State having cognizance of the same, against such administrator or admin- .istrators, or executors, guardian or guardians, and his or their security or securities; and that in all cases not adjudicated as aforesaid, the said Courts, Justices, members or Judges shall be held, deemed, and considered legal obligees to such bonds.* An Act to alter and amend the first section of an Act entitled an Act to alter and a moid the twelfth section of an Act to protect the Es¬ tates of Orphans, and make permanent provision for the Poor, assented to the 18th of December, 1816.—Approved Dec. 23, 1826. Vol. IV. 216. ' . 105. It shall and may be lawful for the Inferior Courts in the se- courts of ©r- veral Counties of this Stats, when sitting for ordinary purposes, to^erythcay order a sale of such part or the whole of the real estate of everysalcofrcal 1 .. . c . . J estates. testator or intesiate, on application ot the executor, executors, executrix, administrator, administrators or administratrix, guardian or guardians, Which shall be at public auction, and on the first Tuesday of the month, between the usual hours of sale, at the place of public sales in the County where such real estate may lie,f first giving sixty days' sixty days' notice thereof in one of the gazettes of this State, and at the door saie.ceof 1,16 of the Court-house in the County where such sales are to be held; where it is made fully and plainly appear that the same will be for the benefit of the heirs and creditors of such estate ; Provided, that4 months' a notice of such application for sale be first made known in one of application, the gazettes of this State, at least lhur months before any order ab¬ solute shall be made thereupon. Sec. II. All laws or parts of laws militating against this Act Repealing •are hereby repealed. clause. Whereas, doubts have arisen whether an administrator can manage •Bucnded to all future bonth by Act of 1311, see. 133. tAs to lands divided by County lines, see Act of 1845,, sec. 143. 324 EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1S26. Discretion of Administrator—dismission of Guardian—Guardian's iiond. Preamble to an estate by keeping the property together, and working the same tion. Ir sec for the interest of said estate, and the administrators are under the law compelled to rent or hire out the property ; for remedy whereof, intestate es- 106. Sec. III. Be it enacted, That from and after the passing of mana^d at6 this Act, that intestates' estates may be so managed as shall, in the ti'moftife discretion of the administrator, under the direction of the Inferior adminxstra- Court sitting for ordinary purposes, be deemed most advantageous in case of for said estate ;* and that in all cases where any of the parties in Semfwifat interest shall make known to the Court that the administrator is mis- to be done. managing aUy estate, said Court shall immediately appoint three or more proper persons, who shall inquire into the situation of said estate, and report 'their decision to the next Court, who shall make such order thereon as shall be deemed most to the interest of said estate. An Act to amend, an Act for the better protection and security of Orphans and their Estates, passed on the ISth day of February, 1799.—Approved 20, 1826. Yol. IY. 217. m?norsGn-°f 107. From and after the passage of this Act, if any guardian here- &c! hlwuT tofore appointed, or hereafter to be appointed to any minor or minors, dismi"'uryr° iusane person or lunatic, should be desirous of obtaining letters dis- missory from such guardianship, it shall and may be lawful for such guardian to apply to the Court of Ordinary whence his letters issued, and obtain an order nisi, requiring all persons concerned to appear at the next term of said Court, to show cause why he, she, or they should not be dismissed from said guardianship.f beUpubHshed 108. Sec. II. It shall be the duty of any guardian, so obtaining 40 days. such order nisi, to publish the same for forty days in one or more of the public gazettes of this State, having the most extensive circula¬ tion in the County where the application is made ; and when it shall be shown to the Court that such publication has been made, it shall be the duty of said Court strictly to examine the returns, ac¬ counts, and vouchers of such guardian, and take such further order, or grant letters dismissory, as the circumstances of the case may re¬ quire. 109. Sec. III. Whenever it shall be found that any guardian. demewith6 applying to be dismissed under the provisions of this Act, shall have &c.Pofthety' in hls or her hands any money, property, or effects belonging to his holds'o/the01* ker ward or wards, the same shall -be delivered to the Court of guardian. Ordinary, who, by their Clerk, or such other person as the Court may deem proper, willing to accept the same, shall take charge thereof, and manage the same for the benefit of such minor, lunatic, or in¬ sane person, until the appointment of another guardian.! 110. Sec. IY. Whenever it shall become necessary for any Clerk Th^cierk, 0f the Court of Ordinary to take upon himself the duty of guardian to give bond. * Additional compensation allowed in such cases by Act of 1847, sec. 157. f Discharge not final as to minors, see Act of 1850, see. 1G5. JBut see Act of 1840, sec. 137. EX'RS, ADM'RS, &c.—Px'rs, Adm'rs, &c.—1826-'27. 325 Illegitimates—Ileal estate of minors, idiots, &c. as aforesaid, he shall give bond and security for the faithful discharge of his duty as in ordinary cases of guardianship. 111. Sec. V. After the passing of this Act, it shall be the duty Guardian's of the Court of Ordinary to require of all guardians good and suffi- in double cient security for the faithful discharge of their duty as guardians,1 m property?01 a sum double the supposed value of the property belonging to said ward or wards, payable to the Inferior Court sitting as a Court of Ordinary. ' An Act to authorize the Court of Ordinary in the different Counties in this State to grant and issue Letters of Guardianship upon the persons and property of Illegitimate Children.—Approved Dec. 18, 1.827. Yol. IY. 219. • 112. From and immediately after the passage of this Act, illegiti-Guardian- mate children shall be placed upon the same footing with orphans, so gitimate far as to authorize and empower the different Courts of Ordinary 1 ren" within this State to confide the management of their persons and property to guardians, in all cases where the said Courts may deem it necessary : any law, usage, or custom to the contrary notwith¬ standing. An Act to alter and amend an Act -entitled an Act to alter and amend ■ an Act to alter and amend the twelfth section of an Act to protect the Estates of Orphans, and to make permanent provision for the Poor, passed December 16, 1811.—Approved Dec. 21, 1827, Yol. IY. 219. 113. Whereas, by the above recited Acts the power is vested in preamble, the Inferior Courts of the several Counties of this State, when sit¬ ting for ordinary purposes, to order the sale of the real estate of tes¬ tators or intestates, upon application of executors, guardians, or administrators, for the benefit of the heirs and creditors, no power is given to said Courts to order the sale of any real estate belonging to orphans other than such as is acquired by them from their testator or intestate, by reason of which frequent and manifest injury is sustained by orphans and others holding real estate other than such as is ac¬ quired by descent; for remedy whereof, Be it enacted, That from and after the passing of this Act, the courts of or- Justices of the Inferior Courts in the several Counties in this State, orderthedy when sitting for ordinary purposes, shall be authorized to order a sale estate^ofor- of any part, or the whole of the real estate of any orphan or orphans, f^"t^gdl^tcs lunatic or idiot, illegitimate or illegitimates,* upon application of the executor or executors, or executrix, administrator or administratprs, or administratrix, guardian or guardians,where it is fully and plainly [made to] appear that the same will be for the benefit of such orphan or or- *In case of non-resident wards, see Act of 1837, sec. 133. (1,) Proof of the bare reception of money is no breach of the bond. 6 Ga. 303, 326 EX'RS, ADM'RS, &c.— Ex'rs. Adm'hs, &c.—1S28. Parties—Service of rales. phans, idiot or lunatic, illegitimate or illegitimates, under the same rules and restrictions as are by law pointed out for the sale of real es¬ tates of testators or intestates. Sec. li. All laws militating against this Act are hereby repealed. An Act to authorize and require administrators do bonis non on the estate of deceased. Administrators to be brought in by scire facias and made defendants : also to prescribe the mode of effecting service of orders of Court taken against Executors, Administrators, or Guardians, who are alleged to be mismanaging the estates they respectively represent. Approved 20th Dec. 1828. Vol. IV. 223. Adm'rs "de 114. From and after the passing of this Act, it shall and may be tobe made lawful m all suits, either in Law or Equity, brought against a former parties by administrator on whose decease, letters of administration dc bonis nori scire facias. . . ^ . -> i i • • may be granted, to issue a scire facias to make such administrator a party at any time after the granting of such letters of administration . de bonis non. Service of-' 115. Sec. II. In all cases where an executor, administrator, or ecmor!" ad - guardian is alleged to be mismanaging the estate which they may "'guardians' respectively represent, and the Court shall pass an order requiring formisman- such executor, administrator, or guardian to show cause why such executor, administrator, or guardian should not be compelled to give security for [or] such executorship, administration, or guardianship [be] revoked, it shall and maybe lawful for the Sheriff of tlqe County to effect service of a copy of such order personally on said I executor, administrator, or guardian, as the case may be, at least twenty days be* fore the sitting of the Court at which it is made returnable. How, when 116. Sec. III. In all such cases above alluded to, when the party removed against whom the said order shall be taken, shall remove out of the absconds, liniits of the County, or State, or absconds or conceals himself, or stands in defiance of a peace officer, it shall and may be lawful on the return of the fact by the Sheriff, to cause a publication of said order of Court to appear in some one of the public gazettes of this State at least three times, and such publication shall be deemed an equivalent to such personal service.* Repealing Sec. IV. All laws or parts of laws militating against this Act are CliiUS6t i -i -j -| hereby repealed. An Act to amend an Act entitled an Act for the better protection of orphans and their estates, passed on the 18th day of Feb. 1799. Approved 22d Dec. 1828. Vol. IV. 223. Preamble. 117. Whereas, doubts have been entertained whether an execu¬ tor is entitled to any beneficial interest in his testator's estate other than the commissions now allowed by law for his care and trouble in the management of said estate ; wherefore, *See next Act for provision on same subject, sec. 119. EX'RS, ADM'RS, &#.—EX'RS, AD'MRS, &C.—1828-'29. 327 Executor's interest under a will—Abatement of letters—Records of bonds. Be it enacted, That no executor or executors m this State shall, either at Law or in Equity, be entitled to any beneficial interest un- interest un¬ der and by virtue of the will or testament of their testator, [except]'* notoxpress- not therein expressly mentioned, except their commissions as now ^ "except"' allowed by law, but they shall hold their residuum or undevised real h.is commis- or personal estate as a trustee for the distributees or next of kin of their deceased testator or testatrixf 118. Sec. II. If any widow or feme sole, after obtaining letters Letters of a testamentary of administration or of guardianship, shall marry, the abate on letters so granted shall abate during the coverture, but5 the husband her luaTriage may be entitled to such letters upon his giving bond and securit y and taking the oath required by law, or the Court of -Ordinary may in their discretion grant the same to any other person entitled thereto, according to the laws of this State.f 119. Sec. III. When the Justices of the Inferior Court or Courts service ot of Ordinary, shall- or may issue- a rule nisi against executors, adm in is- ecutors, ad- trators, or guardians, a personal service by the Sheriff or his deputy, OTgiwdians'. or a copy of the rule shall be left by him at the executor's, adminis¬ trator's, or guardian's notorious place of abode, which shall be deem¬ ed a legal service ; and the Justices of the Inferior Court or Court of Ordinary shall proceed to decide the cause as if a personal service had been effected ; and in case the party should have removed with¬ out the jurisdiction of the Court, then a publication in one of the newspapers nearest his former place, of residence, once a week for three weeks shall be deemed a sufficient and legal notice. % An Act to require the Clerks of the Court oj Ordinary of the several Counties of this State, to record in their offices all Guardians'' and Administrators'' bonds.Approved 18th Dec. 1829. Vol. IV. 115. 120. From and after the passage of this Act, it shall be the duty Guardians; of the Clerks of the Court of Ordinary of the several Counties of this tratfrs™1"18 State to record, in a book to be kept for that purpose, all guardians' re"orded.be and administrators' bonds taken before the Court of Ordinary of their several Counties, within six days after the same is executed.§ Sec. II. All laws and parts of laws militating against this Act are repealing , , , . r o o clause. hereby repealed. An Act in addition to the Acts concerning the guardianship of minors. Approved Dec. 19th, 1829. Vol. IV. 229. 121. Whereas, injury sometimes results to slaves and plantations preamble, belonging to minors, from the practice of hiring and renting them indiscriminately to the highest bidder; and whereas, it may some- * Mistake in. enrolling. fSee Act of 1839, sec. 136. JSee previous Act, sees. 115, 116, §By Act of 1792, sec. 68, the administrator's bond, and by Act of 1820, sec. 98, the guardian's bond, are re juired to be recorded by the Clerk of the Superior Court. 328 EXTRS, ADM'RS, &c.—Ex'rs, Aum'rs, &c.—1829. Minor's estates—Guardian's accounts—Sale of slaves. times be desirable to keep such slaves together, and have them work¬ ed for the benefit of said minors; Guardians Be it therefore enacted, That guardians may exercise,* under an slaves pub-ut order of the Inferior Court sitting for ordinary purposes, a sound dis- vateiyrpri" creti°n in hiring slaves under their control, either publicly or private¬ ly, as may be most conducive to the safety and comfort of the slaves, and the permanent interest of the owners, or may keep 122. Sec. II. In cases in which it may manifestly comport with themtogeth-safety and comfort of the slaves and the interest of the minors, the guardians may keep them together, qnd have them employed in such agricultural- or other operations as said guardians may deem manifestly expedient, under a like order of said Court. And may 123. Sec. III. When it may be manifestly expedient, guardians purchase or maY cause plantations, or any part of them; belonging to minors, to rent land, be managed and cultivated for their benefit and when minors may Wjth leave of court, not be possessed of lands for cultivation, their guardians may apply such portion of their disposable funds as may properly be applied, to that purpose, to the purchase of such reasonable portion of land as may be necessary for the purposes of this Act,1 or they may, if ex¬ pedient, rent lands for the same purpose, under a like order of said Court. Guardians to 124. Sec. IV. Guardians shall keep regular accounts of receipts turn*regular and expenditures in the discharge of their duties under this Act; and accounts. make regular returns to the Justices of the Inferior Courts sitting for ordinary purposes, as required by the laws which now are or hereaf¬ ter may be in force for the government of guardians. An Act to authorize the Inferior Courts of this State, when sitting for ordinary purposes, to order the sale of any slave or slaves he- longing to the estates of testators, or intestates, or wards.—Approv¬ ed Dec. 21, 1829. Vol. IV. 227. The cts of 125. It shall and may be lawful for the Inferior Courts of the der'theasaie severa^ Counties in this State, when sitting for ordinary purposes, to of slaves, order the sale of any slave or slaves belonging to the estate of any testator or intestate, or ward, on the application of the executor or executors, or executrix,3 administrator, administrators, admin¬ istratrix, or guardian or guardians, which shall be at public auction, which shaiianc^ 011 t^ie ^rst Tuesday of the month, between the usual hours of Tut"dahe in1 sa^e' at *ke P^ace Puhlic sales in the County where the letters tes- the month, tamentary, of administration, or guardianship may have been granted, To be adver- giving sixty days' notice thereof in one of the gazettes of this State, tisedC0days.and at the door of the Court house of the County where such sales *In such cases, additional compensation allowed by Act of 1847, sec. 157. (1.) The Court of Ordinary authorizing the purchase of land, its order cannot be invalidat¬ ed in any other Court, except for fraud. 1 Kelly, 475. (2.) Where the will authorizes a sale, without specifying the mode, a private sale to a bona Jide purchaser, is valid without an order of Court. 1 Ibid, 328. The purchaser at private sale from an adm'r holds adversely to the estate. 3 Ibid, 256. See 8 Ga. 242. EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1834-'37. 329 Final Receipts—Non-resident guardian and ward. are to be held, when it is made fully and'plainly appear that the same will be for the benefit of the heirs and creditors of such estate, or of the ward of such guardian or guardians ; Provided, that a notice of4l".onth?' notice ot ftp- such application for leave to sell be first made known in one of the plication for public gazettes of this State, at least four months before any order glVen.' ° 6 absolute shall be made thereupon.* An Act to authorize Executors, Administrators and Guardians to have recorded, all receipts showing a final settlement with all or either of the heirs and distributees of the estates they may repre¬ sent:, and to regulate their admission in evidence.—Approved 22d Dec. 1834. Pam. 95. 126. From and after the passage of this Act it shall be the duty Receipts on of the Clerks of the Superior Courts of the respective Counties in this mintofex'r, State to record all receipts showing a final settlement between any guardian, to executor, administrator, or guardian, and the heirs, wards, or distribu- be ^corded, tees of the estate the said executor, administrator, or guardian may represent: Provided, said receipt has been attested by two witnesses, one of whom must be a Justice of the Peace, a Judge of the Inferior or Superior Court in this State ; and such receipt, so recorded, shall be received in evidence, without further proof, in any of the Courts in this State. 127. Sec. II. Whenever any executor, administrator, or guardian copy, evi- shall make it appear that said original receipt is lost or destroyed, and o^mafiost that the same is not in his, her, or their power, custody, or control, then a copy of said receipt, certified to by the Clerk where the original was recorded, shall be admissible as testimony in any of the Courts of Law; or Equity in this State. 128. Sec. III. Nothing in the provisions of this Act shall be so other re- construed as to prevent any executor, administrator, or guardian, from giving in testimony any receipt, after legal proof of its execution, though the same may not have been recorded. 129. Sec. IY. The Clerk shall receive as a fee for the recording cierk'sfee. of said receipt the sum of fifty cents. An Act to authorize the Guardians oj Minors to receive, recover and remove from the State of Georgia, property belonging to their Wards, or to which they may be entitled, in cases where such Guardians and Minors both reside without the State, and to pre¬ scribe the mode of doing the same.1—Assented to Dec. 25, 1837. Pam. 123. 130. Sec. I. Be it enacted, That from and after the passage of this Act, it shall and may be lawful for the guardian of any minor, g,™"]®1dent child or children, residing out of the State of Georgia,! who may ™ard^Cprop erty in t his *See ante. sec. 79. State. tExtended to Idiots and Lunatics, by Act of 1838, see this title, Article Idiots and Lunatics, sec. 181. See sec. 172, as to suits by foreign executors, administrators and guardians. (1.) This Act considered, as to liability of securities. 6 Go. 439. 330 EX'RS, ADM'RS, &c.—Ex'bs, Adm'hs, &c.—1837. Non-resident guardian and ward. have been appointed and qualified as such guardian in the State where such miuor or minors reside, to ask, demand, receive, have and re¬ cover by due course of law, from any executor, administrator, or guardian, now appointed and qualified, or that may hereafter be ap¬ pointed and qualified, in the State of Georgia, any and all property, real, personal or mixed, of what kind soever, belonging to said minor, child or children, or to which they may be entitled, whether by gift, grant, devise, bequest or inheritance, unless the same be contrary to the terms, conditions or limitations of such grant, devise or bequesf: First show- Provided, that [the guardian of] such minor [non-] resident, shall o°!bonJund" fn'st exhibit to the Justices of the Inferior Court, when sitting for eiiCin'hisglv" ordinary purposes, of the County in which such executor, adminis- ownstate, trator or resident guardian may reside, or in which their administra¬ tion or guardianship may be pending, satisfactory evidence that he or she is such guardian, and has given bond and security to the pro¬ per authority in the State where such minor or minors may reside, for the faithful execution of such guardianship, in double the amount of the value of the property in question, over and above the sum in which the said guardian may be bound for the guardianship of proper- ty then being in the State in which he may reside. 131. Sec. II. The evidence which the said Justices of the In- Exempiifica-ferior Court, sitting for ordinary purposes, shall .require under the on' foregoing section of this Act, shall be an exemplification from the records of the Court in such other State, wherein such guardianship was granted, of all papers appertaining thereto, the certificate of the c^eoTcicrit sa^ Court (or Ordinary, or Judge of Probates, where there is no Clerk,) setting forth the sum in which such guardian hath given bond and security in that Court, over and above the amount required by law for the guardianship of property already being in that State, and affirming the sufficiency of the security to the guardianship bond, authenticated agreeably to the Act of Congress in such cases made and provided, which shall be recorded and filed in the office of the which shan Clerk of said Court; and upon the exhibition thereof to the said Jus- re ° ' tices, sitting for ordinary purposes, at a regular term, and proof of Nonce. twenty days' notice of application to be then made, having been order. given to the opposite party, the said Court shall pass an order, requir¬ ing the executor, administrator, or resident guardian, so notified, to pay over and deliver to said non-resident guardian, all the property, real, personal and mixed, of what kind soever, to his ward or wards, voucher'pt belonging alld being in his or their hands; and a receipt therefor, with a schedule thereof, signed by said non-resident guardian, shall be delivered to said executor, administrator, or resident guardian, and shall be a sufficient voucher to the said Court in settlement or final return ; and a duplicate of said receipt and schedule shall be de¬ livered to said Court, and filed and recorded in said office. He may also 132. Sec. III. It shall and may be lawful for said Court to en- property.he f°!'ce such order as provided in the second section of this Act, as in other cases ; but said non-resident guardian may also, after the ob¬ taining of such order, sue for and recover from such executor, ad¬ ministrator, or resident guardian, at Law or in Equity, any and all jguch property not so delivered, and all moneys due, wasted or invest- EX'RS, ADM'RS, fcc.—Ex'rs, Adm'rs, &c.—1837-'39. 331 Non-resident guardian and ward—C. C. O. Administrator—Executrix de son tort, ed; and the said non-resident guardian may remove to the State of his ward's residence all the personal property so received or recover¬ ed.* 133. Sec. IV. The said Justices of the Inferior Court, sitting for Real estate ordinary purposes, may, in their discretion, order the sale of any real mdy estate by such non-resident guardian, as in other case^. Sec. V. [Restricting the benefits of this Act to those States pass¬ ing similar ones, repealed by Act of 1838, sec. 184, which also ex¬ tends this Act to guardians of Idiots, Lunatics, &c.J Sec. VI. [Repealing clause,] An Act to make it the duty of the Clerks of the Court of Ordinary, of the several Counties in this State, to preserve the evidence of legal notices in certain cases ; and in relation to the appointment of Administrators and Guardians in certain cases.—Assented t;o Dec. 21,1839. Pam. 38. Sec. 1, II, IV and V. [See Article " Court of Ordinary," sees. 16 to 19.] 134. Sec. III. The provisions of an Act passed on the sixteenth ^^amay of December, eighteen hundred and sixteen, entitled " an Act to adm'r. authorize the several Courts of Ordinary in this State to appoint their Clerks administrators de bonis non, in certain cases," be, and the same are hereby extended to all cases • of intestacy : Provided always, that said Courts shall not appoint their Clerks administra¬ tors, (in the first instance) until at least thirty days' notice of the Notice, death and intestacy of the deceased person, and that no person has applied for letters of administration,Tias been given by said Clerk, in the nearest public gazette.]" 135. Sec. VI. In all cases where the said Courts shall appoint additional their Clerks administrators, they may in their discretion require addi-secunty tional security of said Clerks, for the faithful administration of the estate confided to them. Sec. VII. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to amend and explain the second section of an Act passed on the 22d Dec. 1828, entitled " an Act to amend an Act enti¬ tled an Act for the better protection of orphans and their estatesso far as relates to suits against Executrixes, in their own wrong.—Assented to Dec. 21, 1839. Pam. 139. 136. S ec. I. Beit enacted, That nothing in the said second Suits vs. ox- section of said Act contained, shall be held, or so construed as to her own abate any suit commenced against any feme sole, as executrix in her n0?abate on own wrong, who may have married after the institution of said suit; marria§e- •See Act of 1860, sec. 173. +The trust continues, though out of office ; see Act of 1850, sec. 164. May be ap¬ pointed guardian ; see Act of 1845, sec. 151. 332 EX'RS, ADM'RS, &c.—Ex'rs, Aom'rs, —1S40-'41. Letters Dismissory—Various bonds legalized. but upon the suggestion of said marriage, parties shall be made, and the cause shall proceed as at Common Law. An Act for the relief of Executors, Administrators and. Guardians, in certain cases, and to prescribe and define additional-duties and liabilities of the Clerks of the several Courts of Ordinary of this State.—Assented to Dec. 22, 1840. Pam. 161. Ex'*bedis 137. Sec. I. Be it enacted, That from and after the passage of mfssed. this Act, when any executor, administrator or guardian shall have given, and published the notice no\v required by law, of his or her application to the proper Court for letters of dismission, from his or her trusts as such executor,* administrator or guardian, and it shall appear that there are any moneys, in his or her hands due the estate of his or her testator, intestate, or ward, and no person claiming the Retaining same, such Court shall in their discretion, pass an order authorizing per cent, m- said executor, administrator or guardian, to retain the amount in his terest, or |ier hanc[s until the further order of the Court, at an interest not ex- ormayde- ceeding four per cent, per annum ; or requiring him or her to deposit bank/emsaid amount in such solvent bank, as the Court may direct, subject to the order of the Court; and on complying with the order of said Court, in relation to such deposit, and producing a certificate thereof from the proper officer of such bank,, such executor, administrator or guardian, as the case may be, shall be entitled to a dismission, as the law now provides ; any law, usage or custom to the contrary notwithstanding : Provided, the said money so deposited shall, in all cases, be in specie or its equivalent, at the option of the bank, which shall be liable to pay specie in return. An Act to declare and make valid, binding and legal all bonds given, or that man hereafter be given, in this State, by Administrators and Guardians, payable to the Court of Ordinary, members of the Inferior Court, Judges of the Inferior Court, Justices of the Court of Ordinary, Judges of the Inferior Court sitting for ordinary purposes, Judges of the Court of Ordinary, and Jus¬ tices of the Inferior Court sitting for ordinary purposes, in any County in this State.—Assented to Dec. 8, 1841. Pam. 136. various 138. Sec. I. Beit enacted, That all bonds or other instruments bondsd'eciar- in writing heretofore given, or that may hereafter be given, in order ed valid. to secure the faithful administration of any testate, or intestate's estate or estates, or the guardianship of the person and property, or the person or property of any minor or minors, or insane person or persons, orphan or orphans, made payable to the Court of Ordinary, members of the Inferior Court, Judges of the Inferior Court, Justices of the Court of Ordinary, Judges of the Inferior Court sitting for ordinary purposes, Judges of the Court of Ordinary, or Justices of the Inferior Court sitting for ordinary purposes, in any County in this State, not heretofore the subjects of adjudication, or not now under EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, fee.—1843-'45. 333 Formal variance—Oath of surety to returns—Ex'r's bond—Investment of funds in State S'k. adjudication before any judicial tribunal having competent authori¬ ty, be, and. the said bonds and other "instruments so given as afore¬ said, or that may hereafter be given, are declared binding, legal and valid in any Court of. Law and Equity in this State, having cogni¬ zance of the same, against such administrator or administrators, ex¬ ecutor or executors, guardian or guardians, and his, her or their secu¬ rity or securities ; and that in all cases not adjudicated as aforesaid, the said Courts, Justices, members or Judges, shall be held, deemed and considered legal obligors [obligees] to such bond. 139. Sec. II. No formal variance in any part of the aforesaid Formal van- bonds or other instruments that have been, or may be given, shall in not vitiate, anywise impair or destroy the validity thereof.; but each and every of the said bonds or other instruments that have been, or may here¬ after be given, shall be construed according to the true intent and meaning thereof, any law, usage or custom to the contrary notwith¬ standing. An Act to amend the law authorizing Executors, Administrators and Guardians to make annual return.—Assented to Dec. 28, 1843. Pam. 58. 140. Be it enacted, That from and after the passage of this Act, oath of the annual returns of administrators, executors and guardians may be turnfin^er-" verified by the affidavit of the security of the same, when the saidtaincases executor, administrator or guardian shall reside beyond the limits of this State, any law to the contrary notwithstanding. An Act to explain an Act passed on the tenth day of December, 1812, entitled an Act to alter and amend an Act for the more effectually securing the probate of wills, limiting the time for Executors to qualify, and widows to make their election, and for other pur¬ poses therein mentioned.—Assented to Dec. 28, 1843. Pam. 58. 141. Be it enacted, That nothing in the second section of said Ex'r rcmov- Act shall be sd construed, as to compel executors, who are not com- coding's, pelled by the existing laws of this State to give security, to give afuases m such security upon removing their proceedings from one County togivo bond- another, under the provisions of this Act. An Act to authorize the investment of trust funds in State stocks or other State securities, to provide for the sale or disposition thereof, and to exempt the same from taxation.—Approved Dec. 17, 1845. Pam. 28. 142. Sec. I. Be it enacted, That from and after the passage of Trun funds this Act, any executor, executrix, administrator, administratrix, vested in guardian or trustee, who may hold any trust funds, shall be author- securU 334 EX'RS, ADM'RS, &c.—Ex'rs, AdiTrs, &c.—1815. Investment of funds in State stoeks—Sale of certain lands. ized to invest the same in stocks, bonds or other securities, issued by this State. Provided, that he or she shall, within twelve months thereafter, make a legal return thereof, in which shall be set forth the price paid, the time when, and the name of the person from whom they may have been purchased. Funds in 143. Sec. II. It shall and may be lawful for the Superior, Inferior, court also. or ot}ler Qourts of this State to authorize the investment of such funds as may be under their control, or in their custody, and be the subject of litigation, in stocks, bonds or other securities issued by this State, under such terms as may be prescribed in an order for that purpose. stocks may 144. Sec. III. It shall and may be lawful for the Superior Court be sow. of any district to grant an order for the sale of any such stocks, bonds or other securities as may be purchased under the first section of this Act, upon the application of the person making such invest¬ ment, when such sale shall be necessary to discharge, or pay in part, any claims on the fund so invested. Free from 145. Sec. IV. All investments made m conformity with this Liability oft -A-CA shall be exempt from taxation, and the person making the same trustee* shall be relieved from liability, so far as relates to the amount invest¬ ed, on delivering to the person or persons to Avhom he or she may be legally responsible, such stocks, bonds or securities, unless sold by order of Court, and paying or accounting for the interest received thereon. An Act to authorize Administrators, Executors or Guardians to ex¬ ercise discretion in selling lands which may he divided by County lines.—Approved Dec. 20, 1845. Pam. 27. 146. Sec. I. Whereas, it often happens that a tract or lot of laud is divided by a County line passing through said land, and under the existing laws now in force in relation to administrators' sales, makes it the duty of administrators, executors or guardians to sell all lands in the County where it lies, which often causes unnecessary expense and trouble ; for remedy thereof, Land divid- ^ ena<:ted, That in all cases where any administrator, execu- ed by coun- tor or guardian, has land to sell as administrator, executor or guard- Esoidhn1^ ian, and such land is composed of one lot or tract, and such lot or tract either. .-g p,y a County line, then and in that case the admin¬ istrator. executor or guardian shall have the right to sell said tract or lot of land in either one of the Counties, by advertising it in the County where it is to be sold, agreeable to the law now in force.* Sec. II. All laws or parts of laws militating against this Act are hereby repealed. •Similar provision as to Sheriff's sales, sec "Judiciary," sec. 19-1. EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1845. 335 Rights of Adm'r de bonis non—Mothers as to guardianship—C. C. 0. Guardian in certain cases. An Act to be entitled an Act to define the rights and powers of Ad¬ ministrators " de bonis nonC—Approved Dec. 27, 1845. Pam. 1.5. 147. -Sec. I. Be it, enacted, That from and after the passage of Right ofad- this Act, whenever any executor or administrator may have been heretofore or may be hereafter removed, or depart this life, chargea- hie to the estate which he or she represented, it shall be the duty of Such removed, executor or administrator, or the representatives of such deceased executor or administrator, to account fully with the admin¬ istrator " de bo?iis non'''' who may be appointed to finish the adminis¬ tration of such estate.1 Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to give mothers certain rights in relation to the guardian¬ ship and custody of their minor children.—Approved Dec. 27, 1845. Pam. 43. 148. Sec. I. Be it enacted, That in all cases where a father shall widow un- depart this life, leaving his widow and a minor child or minor chil- bT^lrdiam dren him surviving, without appointing a testamentary guardian for his said minor children, that the guardianship arid control of the persons of said children shall vest in their mother, so long as she continues unmarried. Provided, that nothing herein contained shall Dismissed prevent the Justices of the Inferior Oourt from dismissing said mother from her guardianship upon just cause shown. 149. Sec. II. In all cases where a controversy may arise, on the on returns return to a habeas corpus, in relation to the custody of the persons corpus^3 of minor children, the Common Law rule vesting said custody al- piua'c|ctI™ay ways in the father, shall be abolished; and it shall be within the with 1 i r o • • mother. discretion of the Judge of the Superior Courts or Justices of the In¬ ferior Courts, or a majority of them, in the absence of the Judge of the Superior Court, to award the custody of said minor or minors either in the father or mother, as may appear most beneficial to the interest of said children. 150. Sec. III. Widows shall have the power, by will, to ap-widow may point testamentary guardians for such children as have no guardian, guardian. An Act to authorize the several Courts of Ordinary of this State to appoint their Clerics Guardians in certain cases, and for other purposes therein named.—Approved Dec. 28, 1845. Pam. 29. Whereas, the estates of minors, idiots and insane persons are lia¬ ble to be seriously injured and wasted on account of the inability of (1 ) Policy of this Act doubted. 1 Kelly, 83. He cannot recover goods administered by former administrator. 3 Kdly, 25®. 5 Ga. 56, 323. Sale of negroes and notes taken, is ftLch an administration. 5 Ga. 56. He may call him to an account. 5 Ga. 56. EX'RS, ADM'RS, &c.—Ex'rb, Adm'rs, &c.—1S45—' 17. C. C. O. Guardian in certain cases—Interest chargeable vs. Ex'rs, &e. the Courts of Ordinary to procure for them guardians who can give the bond and security required by law, for remedy whereof, c.c.o. may 151. Beit enacted, That whenever the estate of any minor, idiot be appointed or insane person shall be liable to injury for the want of a legal re- guardian in -*• J ^ certain cases presentative, and the Court of Ordinary shall be unable to procure a guardian who can give the necessary bond and security, it shall and may be lawful for the Court of Ordinary in any County of this State where siich a case shall arise, by special order to appoint their. Clerk guardian of [such], minor, idiot or insane person. And the said . Clerk, so appointed, shall have full power and authority to sue and' defend suits for the benefit of the estate of such minor, idiot or in¬ sane person, and shall be fully vested with all the powers of k guard¬ ian until one can be regularly appointed who shall be able to give evidence ofbond and security according to Iuav Provided, that in all suits in- appomtment stp-utGq ]yy sap} Clerk as guardian aforesaid, no other evidence shall be required of his authority to sue than an exemplified copy of the aforesaid special order of the Court of Ordinary. Former ap- 152. Sec. II. Whenever, under the same or similar circum- FegTbzedT stances to those enumerated in the preamble to this bill, any Court of Ordinary in this State may have been compelled to appoint their Clerk guardian of any minor, idiot or insane person, such act on the part ol such Court shall be deemed and held legal and valid; and all suits and other acts which may have been instituted and per¬ formed by any such Clerk so appointed, in managing the business of the estate of such minor, idiot, or insane person, be, and the same are hereby legalized and made valid, commis- 153. Sec. III. Such Clerk, when appointed guardian according Bi°ns. to the provision of this Act, shall be entitled to receive the same commissions for his services as such, as are allowed all other guard¬ ians by the laws of this State. . ■ optional 154. Sec. IV. It shall not be lawful for any Court of Ordinary to're'ceivo1^ 1° compel any Clerk to become guardian as aforesaid, but it shall be mentPP°int ^11S °pti°n- An Act more effectually to define and make uniform the liability of Guardians, Executors, and Administrators, in regard to the interest to be charged against them.—Approved Dec. 29, 1847. Pam. 16. ' Whereas, the practice in the several Circuits of Georgia is differ¬ ent and conflicting in regard to the interest chargeable against guard¬ ians, executors and administrators for remedy thereof, Rateofinter- 155. Sec. I. Be it enacted, That from and after the first day of charged6 January, eighteen hundred and forty-eight, the interest to be charged and computed against guardians, executors and administrators, al¬ ready appointed and qualified, on trust funds in their hands, shall be at and after the rate of seven per cent, per annum for the first six years thereafter, without compounding ; and after the expiration of *The trust continues, though out of office; see Act of 1850, Bee. 164. • EX'RS, ADM'RS" &c.—Ex'rs, Adm'rs, &c.—1847. 33? Interest chargeable vs. Executors, &c.—Additional compensation. the said six years from the said first of January, eighteen hundred and forty-eight, the computation of interest shall be at and after the compounded rate of six per cent, per annum, to be compounded at that rate an- afterwards, nually thereafter.1 156. Sec. .II. The rate'of interest to be charged and computed Same rates against executors, administrators and guardians hereafter to be qual- admrnstra- ified and appointed, shall be at and after the rate of seven per cent, guarinns per annum, without compounding, for six years from the time of their qualification^ or appointment; and after* the termination of the said six yehrs, the computation of interest to be charged against them shall be at and after the rate of six per cent, per annum, to be compounded at that rate annually thereafter ; Provided, that nothing in this Act shall be so construed as to prevent executors, administra- May invest tors, guardians and trustees from investing funds in State stock or stocks!* other State seciirities, as "provided for by an Act of the last Legisla¬ ture. * Sec. III. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to allow additional compensation to Executors, Administra¬ tors, Guardians and Trustees in certain cases.—Approved Dec. 29, 1847. Pqm. 19. Whereas, the trust estate in the hands of executors, administra¬ tors, guardians and trustees is often in land as id negroes, and worked together for the benefit of the parties in interest ; and whereas, in such cases the commissions allowed- by law is inadequate compensa¬ tion— 157. Sec. I. Be it enacted, That from and after the passage of where hmd this Act, in all Cases where an executor, administrator, guardian, ornVgraekedor trustee shall have the control and management of land and negroes, dltkman'om" working them for the benefit of the parties in interest, or of negroes which are hired out from year to year, it shall and may be lawful for lowed, the Court of Ordinary in the County where such executor, administra¬ tor, guardian and trustee may reside or make his returns, the whole number of said Court concurring therein, to allow them from such estate such further and additional compensation as in the discretion of said Court shall seem just and proper ; Provided, always, that nothing subject to t * contested it!** in this Act contained shall prevent the parties in interest from con- toward testing the reasonableness of such allowance in any suit tried in any of the Superior Courts of this State, under the same rules and re¬ strictions as now govern said Superior Courts in reviewing the action of the Court of Ordinary. Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. [1 ] Rule established by Supreme Oou't prior to this Act. 6 Gz. 233. 8 Ga 417 43 338 EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1850. Sale of insolvent notes, &c.—Attorney's fees—Citation for guardianship. An Act to authorize Executors, and Administrators, and Guar' dians to sell at public outcry, all notes, bonds, and other obligations, and other evidences oj debt due the estate of their testators, or in¬ testates, or wards, that may be considered insolvent or doubtful of collection.—Approved Feb. 22, 1850; Pam. 36. Bv consent 158. Sec. I. Be it enacted, That from and after the passage of May^e'nary this Act, it shall be lawful for executors, administrators and guar- insolvent°r dians in this State, by and with the consent of the* Court of Ordina¬ nces, bonds, ry in the County where their letters of administration, or testament¬ ary, or letters of guardianship were granted, to sell at public outcry to the highest bidder, at the Court house door in said County, on the first Tuesday in the month, and within the legal hours of Sheriff sales, first giving thirty days' notice thereof in one of the public gazettes of this State and at the Court house door, and three of the most public places in said County by advertisements, all such notes, bonds, and other obligations, and other evidences of debt, belonging to the estate of their testator or intestate, or ward, as may be con¬ sidered and adjudged by said executor or administrator and said Court, as insolvent or ddubtful. Return and 159. Sec. II. The return to the Court of Ordinary of the voucher, amount for which said notes, bonds, or obligations and other evi¬ dences of debt, was so sold, and accounting for the same, shall be a full discharge of all liability of the executor, or administrator, or guardian, for said notes, bonds, obligations, and other evidences pf debt: Provided, the same was fairly and bona fide sold, and provid- Must not be ed further, that such executor, administrator, or guardian shall not purchaser. d.irectly or indirectly interested in such purchase. Attorney's 160. Sec. III. All executors, administrators and guardians shall lection1" of1' have full power and authority in the collection of claims belonging claims. t0 tpe testator or intestate, or the ward, to pay such fee or reward therefor, as the Court of Ordinary or Superior Court by order may allow, to be retained out of any funds in his, her or their hands re¬ spectively ; any law, usage or custom to the contrary notwithstand¬ ing. An Act to amend the laws relating to Guardians, Executors and Administrators.—Approved Feb. 22, 1850. Pam. 37. Notice ot ap- 161- Sec. I. Be it enacted, From and after the passage of "uardian f°r ^is Act, all persons desiring to take the guardianship of any child snip. or children under the age of fourteen years, other than his or her own children, shall make application to the Clerk of the. Court of Ordinary, who shall cause a citation to be published in some public 30 days. gazette of this State at least thirty days before such letters shall be granted : Provided, that the Court to whom such application may be made shall have the power, after the expiration of said notice, to grant such letters of guardianship either to the applicant, or to such other persons as in the discretion of said Court may be proper. EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1850. 339 Qualification in vacation—C'k,- G'n, or Adm'r—Letters of Dismission—Removal of proceedings. 162. Sec. II. The Clerks of the Courts of Ordinary, of the sev- cierk's fees, eral Counties of this State, shall receive for their fees the same as are allowed by law in case of applications for letters of administra¬ tion. 163. Sec. III. After an application for letters of administration Quaiifica- or of guardianship "has been granted, or when a will has been cation*.Y<1" proved, and the securities required by law, named to, and approved by the Courts of Ordinary, in the order passed, it shall and may be lawful for any such guardian, administrator, or executor, to qualify in vacation before the Clerk of the Court of Ordinary, by taking the oath required by law, and to receive from said Clerk letters of guar¬ dianship, of administration, or testamentary: Provided, that before such qualification, the bonds required shall be executed by the party, and the securities that have been approved, in the presence of, and be attested by said Clerk ; and said bonds, so executed and delivered to Bonds given said Clerk, shall be good and effectual in law to all intents and pur- - poses. 164. Sec. IY. Whenever the person who may hold the office of Ffk0f^rd~ Clerk of the Court of Ordinary, shall be appointed administrator or min'istrator guardian, under the laws of this State, he shall continue to be such 12,"though administrator or guardian, until his duty as such shall be fully dis-outofoffice* charged, without regard to the expiration of his term of office as Clerk, be entitled to the lawful commissions, and may' be proceeded against as other administrators or guardians ; and their securities as sureties' Clerk, or administrator or guardian, shall be subject to all liabilitiesliablllty* now imposed by law upon the securities of administrators or guar¬ dians. 165. Sec. Y. From and after the passage of this Act, a dis- charge or dismissal of an executor, administrator, or guardian, by not final any Court of Ordinary, of this State, from his, her, or their duty as S!'8"1"' such, shall not be held as final and conclusive against any heirs, dis¬ tributees, or wards, who were minors at the time of .such discharge: Provided, said minors, within five years after he, she, or they become |uij™sith1a of the age of twenty-one, or have all legal disabilities removed, shall commence suit against such executor, administrator, or guardian. Sec. YI. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to authorize Executors, Administrators and Guardians, to make returns to the Court of Ordinary of the County of their res¬ idence, and to be discharged from their trust therein.—Approved Feb. 22, 1850. Parn. 39. 166. Sec. I. Be it enacted, That the provisions of the second Actot isia section of the Act, passed on the tenth of December, eighteen hun- executorsto dual and twelve, which authorizes executors, administrators and different1™a guardians, whose residences maybe changed, to make returns to theCounly- Court of Ordinary of the County of their residence, on complying with certain prerequisites, shall be applicable to, and may be availed of. by any executor, administrator or guardian, who may at the time 340 EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1850. Removal of proceedings—"Returns, effect of failure—Making titles to land. of his appointment and qualification, reside in a different County from that in which letters testamentary, of administration, or of guar¬ dianship may be granted. Liable to 167. Sec. II. Any such executor, administrator or guardian, mulns'are6 availing liimself of the provisions of this Act, or of the said rccit- raade* ed section, shall be liable to the same proceedings in the' Court of Ordinary to which his returns may be made, as if he had been ap- Diamissai. pointed and qualified in said Court, and shall be dismissed from his trust in and by said Court, upon his complying with the terms of the law, in relation to letters dismissory. An Act to regulate the returns of Executors, Administrators and Guardians.-—Approved Feb. 22, 1850. Pam. 40. 168. Whereas, By .the Act of 1.792, executors and administra¬ tors are required to make their annual returns to the Courts of Or¬ dinary, by the tenth day of January in each year, embracing all transactions of the estate they represent, up to the thirty-first of De¬ cember immediately preceding, and whereas, by other Statutes a dif¬ ferent time seems to be fixed, within which said returns shall be made, and a difference existing in different Counties, in reference to the time of making said returns, and the .Supreme Court having determined that an executor or administrator failing to make his*aBr nual returns, shall forfeit his commission on the whole estate. In o> der to settle said practice and save executors and administrators frotn loss of commissions, when acting without faults, returns by Sec. I. Be it enacted, That executors, administrators and guap- d^n^juiy" dians shall be permitted to make their annual returns required of them, by the first Monday in July of each, and every year, any law to the contrary notwithstanding. Providential 1^9. Sue. II. When from providential cause, any such trustee hindrance, shall fail to make returns by the time specified, the Inferior Court when sitting for ordinary purposes, may by special order on their minutes, save them from all penalty of forfeitures of commissions on account of failing to make said returns within said time, commission 170. Sec. III. If any executor, administrator or guardian shall made!urns fail to make a return within the time required by law, he shall not lose the commissions on any returns made in due time. An Act to alter and amend an Act entitled an Act to authorize and empower Executors and, Administrators to make titles to land in certain cases, approved February the loth, 1799.—Approved Feb. 14, 1850. Pam. 41. order of ct 171. Sec. I. Be it enacted, That in all cases contemplated by where ex'r, the Act entitled an Act to authorize and empower executors and ad- ministrators to make titles to land in certain cases, approved on the fifteenth day of February, in the year seventeen hundred and nine¬ ty-nine, be so far changed, as in no instance to require more than the EX'RS, ADM'RS, &c.—Ex'rs, Adm'rs, &c.—1850. 341 Making titles to land—Foreign Executors, Administrators and Guardians. judgment of the Court of Ordinary of the County where the exec¬ utor or administrator may reside at the time of the commencement of the suit, to authorize or empower him to make title, and that it shall not be necessary to obtain the concurrence of the Court of Or¬ dinary in addition thereto, of the County where the deceased resid¬ ed at the time of his death, as contemplated by the aforesaid Act, to authorize or empower the executor or administrator to make such title. And that all laws or parts of laws militating against this Act be, and the same are hereby repealed. An Act to authorize the legal representatives of Intestates and Tes¬ tators of. other States, and Guardians, to sue in this State.— Ap¬ proved Feb. 23, 1850. Pam. 280. 172. Wht •reus, It frequently happens that persons depart this life in another State, owning judgments, bonds, mortgages and other specialties, and promissory notes, bills of exchange, and other evi¬ dences of debts, and divers causes of action against citizens of this State, and by.the existing laws suits cannot be brought in this State, for the recovery of their rights, without some inhabitant of this State first takes out letters of administration upon the estate of such deceased persons, and lor remedy"whereof: Sec. I. Be it enacted, That from and after the passage of this Foreign ex- Act, it shall and may be lawful for any administrator or administra- administra¬ tors, and administratrix, lor any executor or executors, and execu- Ifard'iana tfix, or guardian, of any deceased person or persons who may have departed this life in another State, and a citizen or citizens of such state, other State, at the time of their decease, owning at said time any .judgments, bonds, mortgages and other specialties, and promissory notes, bills of exchange, and other evidences of debt, and any other cause of action against citizens of this State, to institute suit in his, her or their name, for the recovery of the same, in any of the Courts of this State, which by law have jurisdiction of the subject matter : Provided, said legal representatives shall on or before the judgment term of the Court to which such suit or suits are brought, file in said Court a legally authenticated exemplification of his, her otr their letters of administration, or letters testamentary, or letters of gfuardianship, according to law, to be used on the trial. 173. Sec. II. Said plaintiffs, his, her or then agent or attorney-and use any at-law, may use any of the Common Law or statutory means or die's.1 leme~ remedies now in force in this State, by complying with the distinct provisions of said laws, as other plaintiffs. Sec. III. All laws or parts of laws militating against this Act be, and the same are hereby repealed. 342 EX'RS, ADM'RS,&c.—Idiots & Lunatics—^-1818. Guardians appointed—Duties and powers. ART. IV. IDIOTS AND LUNATICS.* Sec. 174. Guardians. " 175. Their duty. " 176. Sale of property. " 177. Wife—Guardian. " 178. Annual returns. " 179. Wife's bond. " 180. Commission—Return. " 181. Notice of application. " 182. Appeal—Guardian pend. lite. Sec. 183. Costs. " 1S4. Repealing Clause. " 185. Act of 1837 extended. " 186. Arrest of Lunatics. " 187. Duty of Inferior Court. " 188. If a pauper. " 189. Eighteen Commissioners " 190. Deaf and dumb—Idiots. An Act for the better management of the persons and estates of Idiots, Lunatics, and persons insane.-—Approved Dec. 19, 1818. Yol. III. 286. courtoford. 174. Sec. I. The Inferior Courts of said State, sitting as Courts gmfrdi!'nsfor of Ordinary, shall have full power to appoint guardians for the per- lunaticsons and estates of all idiots, lunatics, and persons insane ;f and it is hereby made the duty of said Courts to require bond and good secu¬ rity from all guardians appointed in pursuance of this Act, for the Andjnayre faithful discharge of their duties ; and said Courts are hereby vested formiscon- with full power to remove any guardian who shall fail or refuse to duct' manage the person or property of such idiot, lunatic, or person insane in a proper manner. duty ofscch 175. Sec. II. All guardians appointed by this Act, shall be com- guardmns. peqeq within three months after their appointment, to make ail in¬ ventory of the estate of their ward, and cause the same to be ap¬ praised, as the law directs in cases of deceased persons' estates, and return the same on oath to said Court. thectmay 176. Sec. III. When it shall appear to said Court that a sale of of then prop-or some Part of the estate of such idiot, lunatic, or insane person, erty ifneces- jg necessary for their support or the payment of debts, it shall be the duty of said Court to order such sales, and to authorize and compel said guardian or guardians to make titles to said property, wifeentitied 177. Sec. IV. The wife of such idiot, lunatic, or insane person ianship!'ard" (if he be married) shall be entitled to the guardianship of her bus band's person and property; Provided, she comply with the requi¬ sitions of this Act, reserving to said Court the right of joining other persons with her in said guardianship at their discretion. 178. Sec. Y. All guardians who may be appointed under and by virtue of this Act, shall be bound to make to said Court annual returns of their actings and doings with person and property of their wards. Guardians shall make annual re¬ turns. *For Acts in reference to the organization of the lunatic asylum, see title " Lunatic Asylum." tSee further as to their bonds, oaths, &c. under Art. " Executors, Administrators," &c. sees. 98, 111. As to letters dismissory, sec. 107, Act of 1826. As to sale of real estate, sec. 113, Act of 1827. As to appointment of guardians for deaf and dumb persons, see sec. 190, EX'RS, ADM'RS, &c.—Idiots & Lunatics—1834. 343 Commission of Lunacy—Proceedings. 179. ]3ec. YI. Where a married woman under this law, shall re-The wife's ceive the guardianship of her husband's person, goods and effects, cases valid, the bond so given by her 'as guardian shall be good and valid in law to all intents and purposes. Sec. VII. All laws or parts of laws militating against this Act be, and the same are hereby repealed. An Act to authorize the Courts of Ordinary of the different Coun¬ ties of this State to issue Commissions of Lunacy, and to regulate the proceedings thereon.—Approved Dec. 22, 1834. Parn. 86. 180. From and after the passing of this Act the Courts of Ordi- coramiseion of lunacv. nary of the different Counties of this State shall, upon the petition of any person, supported by his or her affidavit, setting forth that any other person is an idiot, lunatic or insane person, and incapable of managing, his or her affairs, issue a commission, directed to any twelve* discreet and proper persons, requiring them to examine, by inspection, the person alleged to be an idiot, lunatic or insane per¬ son, and to hear and examine witnesses upon oath, if necessary, as to his or her state of mind, and to make return to the Court of Or-Re{un*- dinary whether or not the said person be an idiot, lunatic, or insane person; and if the said persons, so appointed, shall return the said person to be an idiot, lunatic or insane person, the Court of Ordinary shall appoint a guardian for such person in terms of the law now ofGuardian- force ;f Provided, always, that the commissioners appointed by the Court, as aforesaid, shall take an oath before they enter upon the discharge of the duty enjoined upon them before some proper Magis¬ trate of this State, or of the State where the examination may take place, u well and truly to execute the said commission to the best of commis- their skill and ability and provided also, that one of the commis-"10ner 3 oath sioners acting under the said commission shall be a physician. 181. Sec. II. The person applying for said commission shall give ton days' at least ten days' notice in writing of his or her intended application pUcatL^for" to the nearest adult relative or relations of the person alleged to be commiswo,,• an idiot, lunatic or insane person, not exceeding three in number, before the Court shall issue said commission; but if there be no re¬ lative of such person within this State, the Court may issue such commission without such notice being given. 182. Sec. HI. In case the person making the application afore-^pp^alJrom said, or any relation or friend of the person alleged to be an idiot, commission- lunatic or insane person shall be dissatisfied with the report made by "o/coiX" the said commissioners, such person may, upon paying all costs, and giving security for all future costs, within four days after such report is acted upon by the Court of Ordinary, enter an appeal to the Su¬ perior Court of the County, where the sanity or insanity of the per¬ son shall be tried by a special Jury, selected as in other cases ; but the guardian appointed by the Court of Ordinary shall act as such Guardian.. *mi , • i • i • i o ^ * pendente lite. till the matter is determined in the Superior Court. ♦Eighteen, any twelve to act, sec. 189. fiVViie may be appointed, see sec. 177. 344 EX'RS, ADM'RS, &c.—Idiots & Lunatics—1838. Non-iTsulent Guardians—Arrest in certain cases. costs. 183. Sec. IY. If the commissioners shall report the person an idiot, lunatic or insane person, the costs of the proceeding shall be fixed by the Court of Ordinary in their discretion, and shall be paid out of the estate of such person; but if the commissioners report that the person is neither an idiot, lunatic nor insane person, the costs shall be borne by the person who applied for said commission. Sec. Y. All laws and parts of laws militating against this are hereby repealed. An Act to repeal the fifth section of an Act entitled u an Act to ««• thorize the Guardians of Minors to receive, recover and remove from the State, of Georgia property belonging to their Wards, or to which they may be entitled, In cases where such Guardians and Minors both reside without the State, and to prescribe the mode of doing the same," passed the 25th December, 1837, and to extend the said Act to the cases of Idiots.—Assented to Dec. 28, 1838. Pam. 113. fifth sec. 184. Sec. I. Be it enacted, That the fifth section of the above Act 1837 re . - . > peaied. recited Act be, and .the same is hereby repealed. ThatActex- 185. Sec. II. The benefits, advantages and provisions of the idiotri and Act hereby amended, and of this Act, shall be extended to the guard- lunatics jang Qf jdjots a[1d iunatics, when the guardian and his ward reside without the limits of this State, on the terms and conditions therein specified. An Act to authorize the arrest and confinement of Lunatic or Insane Persons, in certain cases.—Assented to Dec. 28, 1838. Pam. 147. on appiica- 186. Sec. I. Be it enacted, That upon the application of any of oat" "anyr g0°d people of this State, under oath, that he, she, or they have pcaceemathe reason to apprehend any injury to their persons or property from any issvie war- lunatic or insane person who is suffered to go at large, any Justice of ram for ar- peace whom such application may be made shall be, and he is hereby authorized to issue his warrant in the same way as in criminal cases, for the arrest of said lunatic or insane person, and to bring such person before himself, or any other Justice of the Peace, who shall proceed to inquire into all the circumstances of the case, and if he should be satisfied that the party making the application has just grounds to apprehend any injury to himself or his property commit- from such lunatic or insane person going at large, to commit such went. person to the common jail of the County, and shall forthwith notify the Clerk of the Inferior Court of the County of such committal. Duty ef the 187. Sec. II. It shall be the duty of the Clerk of the Inferior inf.conrt. c0UIt of the County, upon being so notified, to call together the, Judges of said Court, or a majority of them, who shall make such, provisions for the confinement and detention of such lunatic or in¬ sane person either in the common jail of the County, or by placing EX'RS, ADM'RS, &c.—Idiots & Lunatics—1838-'4Q. 3,45 Support, how paid—Eighteen Commissioners—Deaf and dumb persons. such person in the custody and under the control of some suitable individual,* as they or a majority of them may deem best; and such lunatic or insane person shall be confined and not permitted to go at large without being under the itnmed.iate custody of such person. 188. Sec. III. When said Court, or a majority of them, may be ifpanpcr, satisfied that such lunatic or insane person, so committed as afore- outofcoun- said, is destitute of property or other means to defray the expensesty fund** thus incurred for his, her or their maintenance during such confine¬ ment, to order the same to be paid out of the County funds; and if said lunatic or. insane person shall be able to defray the expenses aforesaid, such expenses shall be ordered to be paid out of his own funds, funds, in such manner and at such time as said Court shall order.f An Act to alter and amend the first section of an Act passed the 22d December, 1834, to " authorize the Courts of Ordinary of the different Counties of this State to issue Commissions of Lunacy, and to regulate proceedings thereon," so as to increase the number of persons to whom, said commission shall issue—Assented to Dec. 29, 1838. Pam. 146. Whereas, said first section directs the issue of a commission, di¬ rected to any twelve discreet and proper persons; and whereas, it is often impracticable to procure the attendance of said twelve persons, for remedy whereof, 189. Sec. I. Be it enacted, That said commission shall be issued eighteen as mentioned in said Act, directed to any eighteen discreet and pro- ™™m'ssnon- per persons, requiring them to attend at such time and place as shall be mentioned in said commission, within the County where said commission shall issue ; and any twelve of them to examine by in- Twelve may Spection the person alleged to be an idiot, lunatic, or insane person, and act upon said case as directed in said Act. Sec. II. All laws and parts of laws militating against this Act are hereby repealed. An Act to make deaf and dumb persons Idiots in law, so far as to authorize the appointment of Guardians in certain cases.—As¬ sented to Dec. 22, 1840. Pam. 110. 190. Sec. I. Be it enacted, That from and after the passage of deaf and this Act, deaf and dumb persons shall be so far considered idiots inso ™ muy^be law as to authorize the Inferior Court to appoint Guardians for such dij'^red deaf and dumb person, on the application of such deaf and dumb Ep¬ person, or any person or persons for them ; Provided, it shall be made *It may be a question how far these provisions arc superseded by the Acts establish¬ ing a " Lunatic Asylum see that title. fSec note to former section. 346 EX'RS. ADMRS, &c.—Poor Laws—1792. Overseers of the Poor—Poor Tax. satisfactorily to appear to said Court that such deaf and dumb per¬ son or persons are incapable of managing^ his or her estate, or his, or her, 01 themselves. Sec. II. [Repealing clause.] ART. Y. POOR LAWS. Sec. 191. Provision for Poor. | Sec. 192. Poor Tax; Ail Act to he entitled an Act to 'protect the estates of orphans and to make permanent provision for the poor.—Approved Dec. 18, 1792. Yol. I. 220. • And to the end that permanent provision be made for the poor, justices of 191. Sec. XIY. Be it enacted, 6pc. That the Inferior Courts in are to pro-'1 the several Counties in this State shall have power to inquire into bind out1 or-' the circumstances of the poor, bind out orphans,* and appoint guard- phans, ap~ ians, in the manner pointed out by law, and appoint overseers over ians, over- the poor; Provided, that no Justice of the Inferior Court shall be MaySievy a appointed an overseer of the poor. And the said Justices and over- poor tax. Seers of the poor, shall have power to levy annually a tax,f and assess all taxable property returned in their respective Counties, not exceed¬ ing one fourteenth! part of the general tax of such County, annually, which shall be collected by the Tax Collector of the County, who Collectors to shall be allowed at and after the rate of five per centum on the net perecent.five amount of such collection, and who shall at the first Inferior Court, his'returns6 a^*ter fmst Monday in May, annually, make to the Justices of the to the inf. Inferior Court a true return of the state of the collection of such tax, Ct. . and a report in writing of his proceedings, and shall therein fairly state the amount of his collection ; and that the Tax Collector's state ments and collections so made up, shall be filed of record in the Clerk's office, open to the inspection of any person interested therein. And Mode ofcoi- in case any person or persons shall refuse or neglect to pay such tax, lection. spap anq may pe lawful for the Sheriff of the County to distrain for the same, in like manner as the Collectors are authorized to dis¬ train for the general tax, and shall have the like commissions there¬ for, and the money arising from the said tax shall be paid into the hands of the said overseers, for the relief of the poor; and the said overseers shall, once in every year, make up their accounts and lay the same before the Justices of the said Court, who shall express their approbation or disapprobation of the same on the back of the said ac¬ counts so to be produced. [For remainder of this Act, see sees. 20, 61 to 70.] *As to bipding out of poor orphans; see this title, Art. " Executors, Administrators," &c. sec. 77. Eor Act in relation to infirm slaves, see " Slaves and Free persons of Color," sec. 60. tSee next section, 192. EX'RS, ADM'RS, &c.—Wills—1834. 347 Poor tax—Revocation of will. An Act to (titer and amend the fourteenth section of an Act, entitled an Act to protect the Estate of Orphans, and to make permanent pro¬ vision for the poor.—Approved Nov. 24, 1818. Vol. III. 919. Whereas, it is found by experience that the provision made for the poor, in the above recited Act, is insufficient for their support, ' 192. Sec. I. Be it enacted, Spc. That the Justices of the Inferior may Courts of the different Counties in this State, are hereby authorized tax of one- and empowered to levy a tax, and assess all taxable property return- glfnera"tax* ed in their respective Counties, not to exceed one-eighth part of the general tax of such County, annually, and that it be collected in the same manner, and under the same restrictions, as prescribed in the above recited Act. Sec. II. So much of the before recited Act as militates against repealing • • ii clause. this Act, is hereby repealed. An Act to require the Justices of the Inferior Courts of this State-, while sitting for ordinary purposes, to declare an intestacy in cer¬ tain cases.—Approved 19th Dec. 1834. Pam. 88. 193. In all cases when a person, after having made a will, shall Marriage or marry or have born el child or children, and no provision shall be made jTa in said will for the wife after married, or child or children after born, tfonofawui and shall depart this life without revoking said will, or altering it subsequent to said after-marriage, or subsequent to the birth of said after-born Child or children, the Justices of the Inferior Court of the County, while sitting as a Court of Ordinary, having jurisdiction of the case, shall pass an order declaring that such person died intestate ; and his estate shall be distributed under the laws of this State regu¬ lating the distribution of intestates' estates : Provided, nevertheless, that either party, being dissatisfied with the decision of the said Court, may enter an appeal to the Superior Court, as in other cases. * As to witnesses to wills attending its probate, see tbis title, Art. " Executors," &c. sec. 85. See also see. 117, (Act of 1828) declaring that no executor shall take anything under a will, unless expressly named therein. Persons detaining a will, liable to fine and imprisonment, sec. 64. As to probate of wills, see Art. " Court of Ordinary." As to nuncupative wills, see Appendix, " Statute of Frauds," sec. XIX. ART. VI. WILLS.*1 Sec. 193. Revocation. " 194. Lapsed Legacies. Sec. 195. Limitation of Caveats. " 196. Saving for Minors. [1.] See 2 Kelly, 31 ; 3 lb. 461, 569; 4 Ga. 52, 75; 6 lb. 324; 516; 7 lb. 76, 438; 8 lb. 34 79, 146, 335, 450. 348 EX'RS, ADM'RS, &c.—YViles—183G-M5. I a s.'d Legac.es—Limitation of caveat,. An Act to alter the law in relation to lapsed legacies.—Approved Dee. 23d. 1836. Pam. 160. i.epicies not 194. From and after the passage of this Act. where any person any'F-^;of of named as legatee in the will of any other person, shall die before the «ioiesatee testator, leaving issue, that shall be alive at the death of such testator, the legacy, Provided,,- the same he absolute and without remainder, or limitation, shall not lapse as heretofore, but shall vest in such is¬ sue. An Act for limitation of proceedings caveating; Wills.—Approved Dec. 27, 1845. Pam. 39. ©aveata 195. Sec. I. Be it enacted, That from and after the passage of jincnced in 7 this Act, all proceedings for caveating or setting, aside any will or y9ars. wills, or requiring executors to prove the same in solemn form, shall he commenced within seven years after probate of will, in the ordi¬ nary form, and granting letters testamentary or administration there¬ on, and not after, except as hereinafter prescribed, vwrofniinors 196. Sec. II. In all cases of heirs or parties being under the age of twenty-one years, at the time of the death of the- testators, sucji heir or party shall be allowed four years after coming to twenty-onp years, within which time to commence his, her, or their proceedings against the will of such testator. FEES—1792. Governor. 349 FEES* Sec. 1. Fees established. ! " 2. Governor's fees. " 3. Secretary of State's. " 4. Snrveyor General's. " 5. County Surveyor's. « 6. Slieriff's (Civil.) " 7. Sheiiff's (Criminal.) " '8. Jailer's. " 9. Notary Public's. " 10. Coroner's. " 11. Clerk Court of Ordinary. " 12. Governor's Secretary. " 13. Attorney General's. " 11. State Treasurer. *' 15. Attorneys'. " 16. Jurors' and Witnesses'. " 17. Clerk's (Criminal.) " 18. Clerk's (Civil.) " 19. Clerks' Inferior Court. " 20. Clerk House of Representatives, and Secretary of Senate. " 21. Constables. " 22. Powder Receiver. " 23. Fees paid by Public. " 21. Statement and Receipt. " 25. Over-charges. " 26. Table of Fees. An Act to revise and amend cm Act for ascertaining the Fees oj the Public Officers oj this Stale.f—Approved Dec. 18, 1792. Vol. I. 226. 1. Sr.c. I. The fees of the different public officers hereinafter mentioned, may be by them respectively leceived, as follows: governor's fees.* 2. For signing a grant for 510 acres or under,| 1.00 Governor's For signing a grant above 500 acres, and not exceeding 1000 acres, 2.00 fees- On all grants above 1000 acres, at and after the rate of two dollars for every 1000 acres therein contained. Ordering the great seal of the State to any paper of a private nature, 1.00 Which sums shall be paid into the Treasury, for the public use, before any such grant or other paper is signed by the Governor. bee. 27. JLfouDie costs. "28. Fines and forfeitures. " 29. Dismissal from office. " 3(1. State fees. Paper medium. " 31. Clerk's returns. " 32. Illegal Charges. " 33. Witnesses in Justice's Courts. " 31. Tax ; Coroner's fees on Negroes. " ,35. 25 per cent, increase. " 36. Fees Clerk Court of Ordinary. " 37. In other cases. " 38. Jury fee. " 39. Fees; Abduction Act. " 10. Confession fee. " 41. Coroner's^, fa. " 12. Justices of the Peace and BailifFs. ' " 43. In trial of Nuisances. " 44. For abating. " 45. Fee on sci. fa. " 46. On quo warranto. " 47. Return of " nulla bona." " 48. On trial of Slaves. " 49. Process waived. " 50. No Service, no Fee. " 51. Tax fee abolished. " 52. Solicitor's costs ; how paid. * For salaries of State officers, see title " State Officers." 'Hie i'ees of Secretary of State, Treasurer, and Surveyor General, are retained in the table under these heads, although by Act of 1826, (State Officers, sec. 25,) these fees are required to be paid into the Treasury. Many of the fees of the different officers are prescribed in the Statutes imposing the duty, and could not be transferred to this title without mutilation. As to the mode of collecting foes in Superior and Inferior Courts, see " Judiciary," «ecs. 166, 169. For fees of Officers in Supreme Court, see " Judiciary," sub-title " Supreme Court." (The Act here referred to, docs not appear unless it is that of the 23d December, 1789, which is said (Watk. 389) to be obsolete. Perhaps rendered so by this Act. jThe sums mentioned in the Statute are reduced to federal currency at the rate of four and eight pence to the dollar.—Prince. 350 FEES—1792. Secretary of State, Surveyor General, County Surveyors, Sheriffs' fees. secretary of state's fees.* 3. For a grant of land, and preparing and affixing the seal thereto, if 509 acres or under, 1.00 If above 500 acres, 2.00 For registering a grant, 50 For a bond, 50 For a testimonial with the great seal, 1.50 For every search, .. is* For every militia commission, to be paid by the public, 50 Preparing and countersigning a dedimuspot.esta.tem,... .50 Entering satisfaction on every mortgage, 25 Drawing and engrossing a proclamation, .. 1.00 Fixing the great seal of the State to any other paper, 1,00 For a certified copy of a grant or other paper, per copy sheet, 6| surveyor general's fees.* 4. For examining a plat, 50 For recording a plat not exceeding 500 acres, 75 If exceeding 500 acres, • 1.50 If exceeding 1000 acres, 3.00 Recording a plan of a town, township, or village, 10.00 Transmitting a caveat to the Governor, and attending thereon,.... 1.00 A certified copy of an original record, 75 A certified qopy of an original warrant, 50 A search, 12£ Recording and issuing a certificate of a town lot, 50 county surveyor's fees.f 5. Surveying a town lot, and returning a certificate thereof to the Surveyor General's office, 1.25 Surveying a tract of land, of or under 100 acres, 3.35J Each hundred acres after the first, 2s. 6d.. 66| Making a plat, recording, advertising, and transmitting the same to the Surveyor General's office,. 1.25 Entering a caveat, advertising and giving a certified copy thereof,.. 1.87§ Attending the trial of the same, 93$ Each postponement, to be paid by the person postponing the same,.. 62 j Recording judgment, and giving a certified copy thereof, 62i Entering an appeal, and giving a certified copy thereof, 1.25 For a re-survey of land by order of Court, of or under 100 acres ; 12 shillings and sixpence for the first 100 acres, 3.35J For every hundred acres after the first, 66£ For making and certifying a plat thereof, and transmitting the same. 1.25 And for any other re-survey, the same as aforesaid. sheriff's fees. in civil cases.£ G. For serving a copy of a process and returning the original,§... • 1.87| If more than one defendant, for each additional copy served, 62£ Levying an execution on the body or property, 1.87J Summoning each witness, 62i On all sums where the execution does not exceed G4 dollars and 23 *See note to Governor's fees, on foregoing page. |The increase of 25 per cent, on the fees of Couiity Surveyor, Clerks of Superior and Inferior Courts, Clerks of the Court of Ordinary, Sheriffs, Constables, Justices of the Peace, Jailers, and Coroners, authorized by Act of 1819, (sec 35 of this title,) is added in the table of fees of those off ices. jlf out of his own County $2, additional, "Judiciary," see. 192. $Sec first note on next page. Secretary of State. Surveyor General. County Surveyor. Shpviir in civil ea>ej. FEES—1792. 351 Sheriffs' fees, Civil cases—Criminal cases—Jailers' fees. cents, (15Z.) five per centum, (6J), on the amount of property sold ; on all sums above <54 dollars and 28 cents, and where the execution does not exceed 428 dollars apd 56 cents, (100Z.) two and a half per centum, (3£,) on all sums where the execution exceeds 428 dollars and 56 cents, one per centum, '(1£); and that no compassion shall .be demanded where the property is not actually .sold.1 Making out and signing a bill of sale of other property, 1.25 Provided, That fees shall be allowed only for one bill of sale, where the 6ame will be sufficient to convey the property sold to one person or joint purchasers; unless the purchaser or purchasers shall choose more than one. Conducting a debtor under confinement before a Judge or Court, .. 1.25 Summoning a Jury to try a caveat, and attendance, 1.25 Summoning a special Jury, and all other services, attending trial of an appeal, 1.25 For a bail bond, 1.25 Making out and executing titles to land,. 3.75 If wrote by the purchaser, 1.25 J r ' Sheriffin SHERIFF'S FEES. IN CRIMINAL CASES.* ^™nal Cala69* 7. For recommitting any person, when a habeas corpus is brought to his relief, 1.25 Summoning a Jury,t 1.25 On every copy of a mittimus, 31^ For every mile a prisoner shall be removed on a habeas corpus, .. . 31^ For removing a prisoner by habeas corpus, when no mileage is paid, per day, 1.25 Executing a criminal, 10.60 Attending a person taken by a warrant, to the Judge's chambers,. . 93| Conducting a prisoner before a Judge or Court to and from jail,. «.. 1.25 Executing a warrant of escape, ; 93§ Each mile to serve the same, (two pence,) 4§ Executing and returning a Bench warrant, '. 1.25 Each mile to serve the same, (two pence,)2 4-f Putting! a person in the stocks, 62?V For whipping, cropping or branding a criminal, 1.25 Apprehending a person suspected, if committed or held to bail, 1.25 For each person not exceeding two, who may be employed to guard a prisoner to jail, per day, 1.25 ^ jailer's fees.§ 8. Receiving a prisoner or debtor 62£ *For fees in cases of-slaves and free persons of color, see Act of 1835, sec. 42 of this title. In case of " Nuisances," see Aet of 1837, this title, sec. 43. For serving rule vs. garnishee, see " Attachment and Garnishment," sec. 44. For return of "nulla bona," $>1.87£, sec. 47. For serving writ of possession vs. tenants holding over, "Rent," sec. 9, jjj>3. fin issues on applications of insolvent debtors, $5, "Insolvent Debtors," &c. sec. 11. ^Obsolete. yi'licre seems to be a discrepancy among the compilers of the Statutes, as to the in¬ crease of Jailers' fees; Hotehkiss and Ilowcll Cobb, (Analysis and Forms,) increasing them 50 per cent. The facts are, the Act of 1318, Dec. 8, increased the fees of ail County Oiliccrs, Jailers included, 50 per cent. The same year, Dec. 19, an Act passed, entitled " an Act to relieve criminals and other persons confined in the Jails of this State," Tonal Laws, sec. 14,) and by the 3d sec. the fees of Jailers are increased 50 per cent, lly Aet of 10th Dec. 1819, (sec. 35 this title,) to amend and alter the Act of bth [ 1,J Explained, 2 Kelly, 203. Same commissions on surplus in his hands. Ibid. [2.] Not albwed to charge railroad fare, Peters vs. ike Slate. 9 Ga. 352 FEES—1702. Fees of Notary Public, Coroner, 0. 0. O. Turning the key or discharging a prisoner in virtue of a habeas corpus or by order of the Court, Judge, or Justice, 02 $ Dieting a prisoner per day, allowing two pounds of bread, one and a half pound of beef, or one pound of pork, with a sufficiency of water, all wholesome provisions, . 46$ Turning the key on commitment of any person, 62$ Dieting negroes, allowing one'quart of rice or corn meal per day,* . 15§ Notary Public. notary publics fees., 9. For every protest and oath included, not exceeding sixteen copy sheets of ninety words, 2.00 Administering an oath in any other case, 25 For each attendance on any person, to prove any matter or thing as Notary Public, and certifying the same^ : . 50 Every other certificate, 25 ' Noting a prbtest, 1.0Q* ' Registering a protest, per copy sheet, 6| Coroner ^°Py a Protest) Per copy sheet, 6$ coroner's FEES.f 10. For summoning an inquest on a dead body, and returning the inquisition, 12.50-. For providing'a coffin, and burial expenses, 3.75 cierk of tiio ^il ot^er cases the same as the Sheriff. Court of , j. Ordinary. register of probate s fees.| 11. Receiving application and granting citation, 1.25 Signing a warrant of appraisement,... T 62$ Signing the probate of a will, 1.25 Recording a will or other paper, per copy sheet, 7f A certified copy of a will or other paper, per copy sheet,^. , 7| Receiving an appraisement, and recording the same. If under 109 dollars, 62$ If above 100 dollars,. 1.25 Receiving an application, and granting letters dismissory, 1.25 Granting citation to sho\v cause why administration should not be repealed or set. aside, 2.50 For granting letters of administration, or letters testamentary,. ... 2/50 For entering a caveat against administration being granted, or will , proven, 1.25 For every marriage license,§ 1.25 Attending Judges for determining a caveat, per day 1.25 Dec. 1818, the fees of County officers, Jailers included, are increased 25 per cent, on their original fees heretofore established by law, previous to 1st Dec. 1818, with a' general repealing clause. If the Act of 19th Dec. 1818, is in force, Jailers' fee3 should be increased 75 per cent. —50 under that Act, and 25 under Act of 1819. Believing the Act of 19th Dec. 1818, repealed by Act of 1819, and if not repealed, that the third section is unconstitutional, from the fact of differing from the title of the Act, the compiler places the fees of Jailers on the same footing with other County officers. As to security for jail fees, see " Insolvent Debtors," sec. 8. *No fees allowed to Sheriff where negroes work for him, see "Judiciary," Art. " Of¬ ficers of Court," sec. 392. For fees for apprehending and keeping fugitive slaves, see " Slaves, Patrols," &c. sec. 29. fSee sees. 23 and 1-1. See also "Judiciary," sees. 272, 275. IClerk of the Court Ordinary; and for some other of his fees, see see. 13, 33, 37, and note thereto, f And sec Executors and Administrators. PEES^-1792> 353 Fees of Governor's Secretaries, Att'y and Sol. General, Treasurer, Jurors and Witnesses, Cl'ks. FEES OF THE GOVERNOR'S SECRETARIES. 12. A copy of any paper, not exeeeding two copy sheets.. ...... 25 Governor's A copy of any paper, exceeding two copy sheets, per copy sheet,.. 12J Sacretanes- Administering an oath of office to any person, where the profits thereof amounts to upwards of 107 dollars and 14 cents (25/.) per annum, and giving a certificate thereof, 1.00 Certifying a copy or extract, 25 For entering a testimonial, 25 fees of attorney general.* 13. Drawing a capias against a person indicted, and not bound over, or against a person presented by a Grand Jury,........ Drawing a capias against a defaulting Juror,. Drawing an indictment against a person presented by the Grand Ju¬ ry, and bound over, ".v.. . Entering a noli prosequi, • Attending at Judge's chambers, to take the affidavit of any person, in criminal cases, Drawing an affidavit, or any other instrument of writing, per copy sheet, For a subpoena in criminal cases, Retaining fee against persons indicted, treasurer's fees. 14. For every search, An extract, attorney's fees. 15. [Regulating attorney's fees; to be taxed in bill of costs. Abol¬ ished by Act of 1847, sec. 59.] jurors and witnesses' fees. in civil cases. 16. To the Petit Jury for each cause tried, to be paid by the plain¬ tiff, and taxed in the bill of costs,t Special Jury for each appeal tried, to be paid by the appellant, and taxed in the bill of costs,t To each witness per day, for his, or her attendance, for coming and returning, allowing 30 miles for .a day, not allowing for more than three witnesses, to be paid by the person summon¬ ing the same, and taxed in the bill of costs, * The witnesses to have the same allowance in criminal cases, where the person prosecuted is found guilty.f clerks' fees. in criminal cases. 17. Every writ and seal, Every panel of a Jury,. 31^ cases'" Order for fine on a Juror, (unless excuse be made,) and entering the same, 31^ Ordering a fine peremptory, entering and reading, 31^ *And Solicitor General, see sees. 45, 46 and 52. t$3, by Act of 1830, sec. 38. In cases of trial of "Nuisances," see Act of 1837, this title, sec. 43. +Witnesses for the State attending out of their Counties $2, see " Evidence," sec. 89. Witnesses in Justice's Courts to receive nothing unless resident out of the District, •ee sec. 33, this title. Witnesses at Courts Martial of officers, $2. See " Militia," sec. 116. 45 Attorneys and Soli cit- 25 ors General. 59 1.00 m 1.00 25 3.00 12J Treasurer. 50 Attorney. Jurors and _ „ „ witnesses. 3.00 3.00 75 314 c,erk> _ ^ criminal 354 FEES—1792. «»>- .• —„ Fees of Clerk—Clerk Superior Court in civil cases. opying the same for the Attorney General, 31J Fee on a writ of capias ancl seal, 3l| The Clerk's attendance in hearing a motion in arrest of judgment, or at the Judge's chambers on a petition preferred, or a habeas corpus, or to take the examination or information of any per¬ son, . 93£ Taking an examination, information, or affidavit, per copy sheet,.. Drawing a warrant, 3l| A commitment or liberate, 3l| Taking an acknowledgment of bail before the Judge, or in Court, " and drawing recognizance thereof. Every subpoena ticket, 15| Every indictment,, if the criminal be found guilty, 62J Every arraignment, or charging a defendant with indictment, if found guilty, 31J Entering a plea, Calling a Jury, 15| Clerk's attendance on every case tried, 3l| Every sentence or judgment, and entering the same, 3l| Copy of every indictment, or other paper, (four pence,) 8$ Copy of judgment to the Sheriff, and order thereon, 31J Calling a traverse, or discharging a recognizance, 3l| Recording the proceedings of a cause, per copy sheet, 7$ Every person acquitted by proclamation, ... 31 j Every search, 15| A writ of dedimus potestatem, 1.25 Renewal of capias 3l| FEES OF THE CLERK II* THE SUPERIOR COURT. IN CIVIL CASES* in civil casesT8. Every suit commenced therein, if settled before judgment, and each non-suit 1.87 J For each copy of a writ, where there are more than one defendant, after the first copy C2£ Every suit so commenced and prosecuted to judgment, including ev¬ ery service to entering up satisfaction. 3.75 For each appeal, if settled before verdict 1.25 For each appeal prosecuted to judgment,, including every service to entering up satisfaction 2.59 For every writ of, subpoena and ticket 15| For writ of partition of land 3.75 *See resolution, of 27th. November, 1802, Yol. II. 677, as to allowance of compensa¬ tion for extra services. The compiler adds the following fees, being of frequent occurrence : Recording proceedings in civil cases, for every 100 words (Judiciary Act of 1799) 12} For entering and filing receipt given by any County officer for public money. Act of 1820, " County Officers," 12} For every inspection of books of account of public money, Act of 1831, " County Funds," &c .*. 25 For recording articles of partnership under the law regulating limited part¬ nerships 6.00 For entering petition and order for incorporation and furnishing certified copy thereof (see Act) 6.00 For same in change of names (see Act) 1.00 For publishing any bill, process, order, &c. in Equity, Act of 1833, " Judici¬ ary," 6.00 Fo recording notice of masons' and carpenters' lien, (see Act,) .50 In trial of " Nuisances," see Act of 1837, this title. For rule vs. garnishee, " Attachment and Garajsshia^V' sec. 44 1.00 FEES—1792. $$$ Clerk of luferipr Court—Clerk of House—Secretary of Senate—Constable. For issuing a commission t timrHus' become the estate of the heirs and legal representatives of such de- specifie.l in ceased person, according to the laws, usage and custom of the king- die tieaty. p-v.aace relative thereto, and such estate so descending shall and may ha settled agreeably to the laws that are or shall be male relative thereto, without being obliged to obtain letters of naturaliza¬ tion : and that the aforesaid subjects of his most Christian Majesty shall have, hold, and enjoy, on their part, within this.State, the privileges and immunities mentioned in said articles of treaty, accord¬ ing to the form and spirit thereof. Sec. II. [Private; relative to Count D'Estaing.] Sec. III. [Superseded by Constitution of the United States and Naturalization Laws.] An Act to prevent Felons, transports from other States, coming into or residing in this.—Approved Feb. 10, 1787. Yol. I. 234. Felons aomPothcr 7. In order to prevent the dangerous evils arising from the com- SSSKmuniGation with felons, transported from other States or Nations, or privilege thereby the morals of many, who would otherwise he good citizen?, may be corrupted, That from and immediately after the passing cf ' this Act, no person or persons, felons from other Countries or States,* transported or banished from the same for any crime or charge what¬ ever, shall be eligible to any post or office of trust or profit, or be otherwise entitled to any of the privileges, immunities, orliberties of a freeman or freemen of this State ; and on proof of the same by one legal evidence, or by the authentic certificate, under seal cf any State, *Frora other States of the Union, see " Penal Laws," see, 385. FOREIGNERS—1818-49. 167 Military duty—Privileges of alien filing his declaration. Nation, Corporation, or Court, from whence he, she, or they may be banished or transported, such felon or fel»ns shall be, by warrant and mittimus, under the hand of the Chief Justice of the State, or one of the Justices of the Court where such proof shall be established, com¬ mitted to the common jail of the County, without bail or mainprize, Tobe cottl, there to remain until a convenient opportunity may be procured by the Honorable the Executive, to ship or otherwise send off such felon ped or sent or felons, from and without'the limits of this State, never thereafter,,ff' to return. And in case such felon or felons should, after such ship- To ouffer ping or sending off, return within the limits of the same, he, she, or death on re- they shall, on conviction, suffer death without benefit of clergy '• But have in Provided nevertheless, on such first proof of transportation, such of- FtF™ anF'" fender or offenders charged as felons as aforesaid, shall not be debar- ^tofJury red the right of trial by Jury, and shall be allowed* every right of evidence to counteract such proof. An Act, to exempt from Military Duty, certain individuals not citizens of the United States.—Approved Dec. 19, 1818. Vol. III. 43. Whereas, it is deemed grievous and oppressive, that individuals, not citizens of the United States, and who are subjects of a foreign Government, and only temporary residents in this State, for commer¬ cial and other purposes, and who do not intend to settle or reside in this State, or become citizens thereof, should be considered liable to such military tlrafts, as may from tirne to time be made upon the militia of this State, and particularly where such subjects belong to governments whose laws do not recognize such military liability, or exact such military duties from the citizens of the United States: Fl.rej!,n,>rs ®8. Be it enacted, &fc. That such individuals, subjects as aforesaid, to of a foreign government, shall be, and they are hereby declared to be, exempted from all military duty in the militia of this State, and from all military drafts which may hereafter be made, any law to the contrary notwithstanding. Provided however, that this law shall not kl4ihmiita be so construed or operate, as to extend to their liability to perform certain local duties within the several Counties in which they reside, prcivno: such as the repelling of local invasions, extinguishing conflagrations, rinm putting down insurrections, and the like: And prodded also, That it shall not extend to such individuals, who are subjects or citizens of a foreign Government or State, the laws of which said Government or State, do not extend a similar and co-extensive exemption to the citizens of the United States. An Act to authorize aliens to receive, purchase, hold and. convey, mort¬ gage or devise real estate.—Approved Dec. 21, 1849. Fam. 46. 9. Sue. I. Be it enacted, That when any adult male alien citizen. Alton fifing has come or shall come into this State to reside, and has given or shall give notice of his intention to become a citizen of the United States, according to the provisions of the Acta of Congress, such 368 HEALTH AND QUARANTINE LAWS —1793. Quarantine, -when and how performed. m-y,'nort- ahens shall be authorized to receive purchase, and hold real estate jxage real as fully and completely as if he were a citizen of the United States, and after he shall have become a citizen by taking the oath of allegi¬ ance in the manner prescribed by said Acts of Congress, shall be au¬ thorized to convey, devise, or mortgage the said real estate or any part thereof. 10. Sec. II. All adult female aliens and all minor aliens coming minor aliens into this State to reside, shall be authorized to receive, purchase, and same.d°the hold real estate, females to convey, devise or mortgage the same with¬ out restriction upon their right to do so, and with the same power as to disposal thereof in males when they become citizens of the United States. dying, the 11. Sec. III. "" In case of the death of any such male alien before not escheat, he shall become* a citizen of the United States, the real estate held by him shall not escheat, but shall be disposed of as is provided by ex¬ isting laws when land is devised to or descends to aliens.* HEALTH AND QUARANTINE LAWS. Sec. 1. Quarantine, how performed. •' 2. Violations punished. " 3. Persons going on board. " 4. Boats violating. " 5. Vessels relieved. " 6. Contagious disorders. " 7. Duty of pilots. " 8. Governor's proclamation. " 9. Fees of health officers. '• 10. Repealing clause. " 11. Jurisdiction of Savannah. " 12. Powers of Council. " 13. Town Commissioners. " 14. Infected persons. Sec. 15. Infected vessels. 16. He-enacting clause. 17. Reports of masters. 18.. Their bonds. 19. Violation—penalty. 20. Householders' report. 21. Penalties, how recovered. 22. Compounding. 23. Lien on ship. 24. Laws extended to Darien, 25. Physicians concealing disease. 26. Lazaretto. 27. Inferior Court's duty. 28. Vaccine matter. An Act to oblige Vessels and persons, coming from places infected with epidemical distempers, to perform quarantine, and to prevent the bringing in atid spreading malignant and contagious disorders in this State.^—Approved Dec. 14, 1793. Yol. I. 392. Whereas, it is highly necessary, to preserve the health of the in¬ habitants of this State, that vessels, persons or merchandize, coming from places infected with malignant or epidemical distempers, should *For these provisions, see title Escheats," sees. 11 to 14. fAct of 1767, directing land to be purchased on Tybee Island for a Lazaretto,m Vol. I. 344. See also sec. 20. HEALTH AND QUARANTINE LAWS—1793. 369 Quarantine, when and how performed—Violation and punishment. perform quarantine, and means adopted to prevent the spreading of such disorders. 1. Sec. I. Be it enacted, fyc. That when any country shall be infected with the plague, or other malignant distemper,, all vessels, how to ba boats, persons, and goods, shall be subject to, and be liable to per- perfonned" form quarantine, as in this Act directed,* and during such quarantine, no person or persons coming, or goods imported in any such ship, vessel, or boat, shall come on shore, or go on board any other ship, or vessel, or boat, or be landed or pdt into any other ship or vessel, or boat, in any place within this State, other than such place as shall be appointed for that purpose; nor shall any person go on board any such ship, or vessel, or boat, without license first had and obtained, in writing, under the hand of such person or persons who shall be appointed to see quarantine performed; and the said ships, or ves¬ sels, or boat", and the persons and goods coming and imported in, or going on board the same, during the time of quarantine; and all ships, vessels, boats, and persons, receiving any persons or goods un¬ der quarantine, shall be subject to such orders, rules, and directions, touching quarantine," as shall be made by the authority directing the same. 2. Sec. II. If any commander, or master, or other person taking ah persons the charge of-any ship, or vessel, or boat, coming from any place in- In? wkh this fected as aforesaid, shall go himself, of permit, or suffer any seaman pushed! or passenger to go on shore, or on board any ship, or vessel, or boat • whatsoever, during the quarantine, or until such ship, or vessel, or boat, shall be discharged from quarantine, without such license as aforesaid; And-if any person or persons whatsoever, who shall ar¬ rive in any port or place within this State, in any ship, or vessel, or boat, which shall, by reason of his coming from any country or place infected with any contagious distemper, be obliged to keep quaran¬ tine, shall quit such ship, or vessel, or boat, by coming on shore, or go¬ ing on board any other ship, or vessel, or boat, before or while under quarantine, it shall and may be lawful for the person or persons ap¬ pointed to see such quaraiitine duly performed, and they are hereby required to compel such person or persons to return on board of such ship, pr vessel, or boat, and there to remain during the time of quar¬ antine. [For the penalties, see sees. 12 and 13.J 3. Sec. III. If any person or persons whatsoever shall presume fne^b(^;a to go on board, and return from such ship, or vessel, or boat, requir- such vessel ed to perfom quarantine, before or during the time of quarantine, cense,com without a license as aforesaid, every such offender shall be compelled, mai^thweT and m case of resistance, by force and violence, be .compelled by the person or persons appointed as aforesaid, to return on board such ship, or vessel, or boat, and there to remain during the time of her quaran¬ tine, and shall afterwards be liable to a fine or imprisonment, as here¬ inbefore directed, in case of persons quitting a ship, or vessel, or boat *For Act imposing quarantine on vessels having free persons of color on board, see title " Slaves, Patrols, &c." sees. 99, 102, 105. #br penalty for violating quarantine j see "Penal Laws," sec. 233. 47 370 HEALTH AND QUARANTINE LAWS—1793. Relief—Precautionary Measures. performing quarantine, and to be disposed of as in that case provid¬ ed ; and the master of such ship, or vessel, or boat, is hereby oblig¬ ed to receive and maintain such person on board accordingly. m^b«c8eiz- 4- Sec. IV. It shall and may be lawful for any officer of the ed. customs, or such as shall be appointed to take care that such quaran¬ tine be duly performed, to seize any boat or skiff belonging to such ship, or vessel, or which shall therewith be found, and to detain the quarantine11 same until the quarantine shall be performed ; and in case any offi- officers. cer? or other person instructed as aforesaid, shall voluntarily suffer any seaman belonging to such ship, or vessel, or boat, or any passen¬ ger therein, to quit such ship, or vessel, or boat, while under quaran¬ tine, every such offender [For penalties, see sees. 12 and 13.J Td after" or Commissioners of the Town adjacent to such inlets or towns adja- rivers, or the Commissioners of Pilotage of the port, as it may hap- cent to riv- ere and in-; pen ; and they are hereby authorized to proceed in the same manner cm"? as is hereinbefore mentioned, with respect to the Mayor and Alder- abOTe* men of Savannah. Corporation 14. Sec. II. It shall and may be lawful to, and for the said Mayor may remove and Aldermen, to remove from the said City, any person or persons sons?d per~ who may be infected with the small-pox, or other contagious disor¬ der, to such place or places without the limits thereof, as they may appoint for that purpose. An Act to amend an Act passed the 1 Ath* day of December, 1793, and an Act passed the \0th day of December j 1803, regulating Quarantine in the Port of Savannah, and other places within the ♦This is the proper date: the 17th is by mistake the day mentioned. HEALTH AND QUARANTINE LAWS—1803-' 19. 37# May stop and search vessels—Report of Masters. limits of the said City of Savannah.—Approved Dec. 2, 1S05. Yol. II. 242. Whereas, it is highly expedient that the Corporation of the City of Savannah should exercise the power of compelling vessels coming from ports or places suspected to be infected with contagious or malignant diseases, to perform quarantine ; And whereas, doubts have arisen whether the said Corporation is invested with such power un¬ der existing laws ; for the removal of which doubts, 15. Sec. I. Be it enacted, fyc. That from and after the passing corporation of this Act, it shall be lawful for the Corporation of the City of Sa- may^op^ vannah, whenever they shall have reason to suspect that any vessel seisteorV^~r- or vessels, person or persons, has or have sailed, or come, from any s°"rscI^n(1 port or place infected, or supposed to be infected with any malignant purified. or contagious disorder, by resolution or order to require and compel the said vessel or vessels, so arriving, or person or persons, to come to anchor, or stop at any place by the said resolution or order pointed out, until an examination is made by the health officer as to the state and condition of the said vessel or vessels, person or persons, and un¬ til sufficient purification shall have taken place, and a certificate of the health officer obtained to that effect. 16. Sec. II. All and every part or parts of the above recited Acts, not repugnant to this Act, shall be, and is and are hereby declared to be in full force.* An Act to prevent the introduction of Passengers who arc Aliens, in¬ to the Port of Savannah during the months of July, August, Sep¬ tember and October.—Approved Dec. 22, 1819. Yol. III. 44. Whereas, it has been the practice of masters of vessels to bring numbers of passengers, natives of foreign countries, into the port of Savannah, during the sickly months, thereby exposing to almost cer¬ tain death individuals whose constitutions are but illy adapted to the insalubrious climate of that City, and thereby subjects the communi¬ ty to an onerous expense : 17. Sec. I. Beit enacted, fyc. That any master or commander °f of any ship or vessel arriving between the first of July and the last riving in the day of October, inclusive, from a foreign country, or from any other sh^e^n part of the United States, who shall enter his vessel at the custom ^neerTto house in the City of Savannah, shall within twenty-four hours after themay°r such entry, make a report in writing on oath to the Mayor of said City, of the age, name, and occupation of every person, who shall have been brought as passenger in such ship or vessel on her last voyage, upon pain of forfeiting for every neglect or omission to make such report, the sum of $75, for every alien neglected to be so report¬ ed aforesaid. 18. Sec. II. It shall be lawful for the said Mayor, or in his sick- and gtves»- ness or absence, any person legally authorized to act in his place, to tlieir mainte¬ nance six months. *Soc further as to contagious diseases, Penal Laws, from 229 to 233, inclusive. 374 HEALTH A?nT> QUAIIANTIVI ) LAWS—IS 10. . . [ require every such master of such ship or vessel, to( be bound with two sufficient sureties to the Mayer and Aldermen of the City of Savannah, in such sums as the Mayor or such person so legally au¬ thorized as aforesaid, may think proper, not exceeding $300 for each passenger, to indemnify and save harmless the said Mayor and Alder¬ men, and the Commissioners of the poor-house and hospital, and their successors,, from all and every expense and charge which shall or may be incurred for the maintenance and support of any such person so introduced, and for the maintenance and support of the child or chil¬ dren of any such person which may be born after such importation, in case such person so imported, or any such child or children, shall at any time within six months after the said importation become Penalty for chargeable to said City ; and if such person so brought as aforesaid, fallure' and not being a citizen of the United States, shall be permitted or suffered to land within the said City from any such ship or vessel, before such bond shall have been given, and without a permission in writing from the said Mayor, or person so legally authorized as afore¬ said, the master or commander of such ship or vessel shall be subject to the penalty of $300 for every person so suffered or permitted to land as aforesaid. penalty for 19. Sf.c. III. If any person who may have been a passenger in to'ev'ade'tto anV such ship or vessel, and not being a citizen of the United States, Act. shall be suffered to land from such ship or vessel at any place within the distance of fifty miles from the said City, with intent to proceed to the said City, otherwise than in the said ship or vessel, the mas¬ ter or commander thereof shall be liable to the like penalty of $300 for every such person so suffered or permitted to land. report must 20. Sec. IV. If any householder in said City shall knowingly entertain in his house or family, any alien so landed as aforesaid, and toemioifses" S^ia^ I10t report such alien to the said Mayor, or in case of his sick¬ ness or absence, any person legally authorized to officiate in his place, within the twenty-four hours after such entertainment commences, he or she shall forfeit and pay the sum of $50 for every such alien so entertained. penalties, 21. Sec. Y. All and singular the said penalties and forfeitures erJd and^ap- Etrising in said City, shall and may be sued for, and be recovered with plied. full costs of suit by action of debt, in the Superior Court of this State, in the name of the said Mayor and Aldermen, and when recovered by them shall be applied towards the support of the poor of the said Citysk, and the defendant in every such suit shall be held to special Burthen of bail, and upon every such trial for any penalty or forfeiture supposed proof" to be incurred by the landing of any such persons as aforesaid within the said City, the same landing shall be presumed unless the defend¬ ant shall prove that the said person was taken or sent to some foreign country without having been suffered to land as aforesaid. Penaioca 22. Sec. YI. It shall be lawful for the said Mayor and Aldernlen pounded.om" to compound for the said penalties and forfeitures, or any of them, either before or after suing for the same, upon such terms as the cir¬ cumstances of the defendant or of the case may in their judgment require. 23. Sec. YII. Every ship or vessel from which such aliens shall HEALTH AND aURANTINE LAWS—1819-'30. 375 Penalties—Darien—Physicians concealing small-pox. have been so landed without permission in writing from the said ^e^'nawe Mayor or person so legally authorized as aforesaid in his place, shall for penalties, be liable for the said penalties, and may be proceeded against by at¬ tachment or any other mode in similar cases allowed by law, unless the owner thereof or their agents shall give bond with sufficient sure¬ ties to the Sheriff or his deputy, in the name of the Mayor and Al¬ dermen, for the payment of the said penalties and every of them which may have been incurred during or since the last voyage of the Said ship or vessel, or for paying the value of such ship or vessel towards the satisfaction of such penalties as may have been so incurred by suffering any alien to land as aforesaid, and such value shall be as¬ certained, by the wardens' of the pott of Savannah, or any two of them. Sec. VIII. [Advertising the Act before it goes into operation.— Temporary.] An Act to extend to the City and Port of Darien all the Health and Quarantine haws now in force, relating and applicable to the City of Savannah—Approved Dec. 14, 1830. Pam. 209. 24. From and after the passing of this Act, all Acts and parts of ah health Iiws for Sst" Acts, and laws of this State, which have been passed, to regulate vannah the quarantine and other health laws in, to, or for the City of Sa- Darienf1 t0 vannah, shall, and they are hereby declared to be in full force and effect, in the City and port of Darien, and the waters attached there¬ to, as much as if the same were expressly named herein. And the most full and ample references shall be made to them, to and for the use of the City of Darien, and to protect its health, under the direction and supervisal of the Mayor and Aldermen of the said City of Darien, agreeable to any ordinance that they may pass : Provided, the same does not contravene or impugn the Constitution of this State. An Act to authorize the punishment of persons concealing the exist¬ ence of Small Pox or Certain other contagious diseases.—Approved Dec. 22. 1830. Pam. 158. 25. From and immediately after the passage of this Act, any phy- Physicians , v i n 7 i • * 4.U in Savannah sician or other person or persons who shall be knowing to the ex- concealing istence of any case of plague, small pox, varioloid, and their modi- fications, within the City of Savannah, or in its vicinity, and sof^Aj^ knowing shall wilfully conceal the same, or who shall not imme¬ diately and promptly give information thereof to the health officer of said City, or to the chairman of the board of health, he, she or they shall be indicted for the same, and upon conviction shall be subject to imprisonment, not exceeding twelve months, in the common jail, and a fine of not exceeding $500, both at the discretion of the Court. Sec. II. [Repeals all repugnant laws.] 376 HEALTH AND QUARANTINE LAWS—1831-'36. Lazaretto—Small-pox—Temporary hospital. . An Act to empower the Mayor and Aldermen of the City of Savan¬ nah and hamlets thereof to purchase land for the erection of a Lazaretto, and give them jurisdiction over the same.—Approved Dec. 26, 1831. Pam. 245. Preamble 26. Whereas, the preventing the propagation and spreading of small pox and other contagious diseases is a subject of deep interest to the State generally, and that any expense incurred should be borne by the citizens at large ; and whereas, the said disease and others of a contagious character are more .liable to occur in the prin¬ cipal seaport of the State, than in any other section, whereby the commerce and intercourse with other sections thereof may be greatly impaired and soon destroyed, to the injury and detriment ol the cit¬ izens and the revenue of the State ; for remedy whereof, ^e ^ enacted, fyc. That from and after the passing of this Act, it may pur- shall and may be lawful for the Mayor and Aldermen of the City of ta*i*MiJ^"Savannah and the hamlets thereof to purchase for the use of said City as much land in the County of Chatham as may be deemed by them necessary for the erection of a Lazaretto, or suitable building wherein persons infected with, or laboring under small pox or any contagious disease, shall be detained and kept, in pursuance- of the quarantine laws of this State, until relieved or permitted to leave the same by the Mayor and Aldermen aforesaid ; and that the said Mayor and Aldermen shall have the same powers and like jurisdic¬ tion over the land so purchased, as they now have within the juris¬ dictional limits of the City of Savannah as at present limited, so long as the same shall be used for the purposes herein contemplated. [For the Act authorizing the appointment of a health officer of Savannah, see "Agriculture and Commerce," Art. Shipping and Pi¬ lotage, sec. 18.] An Act for the relief of the Counties of Muscogee and. Talbot and the City of Columbus, and to amend and explain an Act entitled an Act to oblige vessels and persons coming from places infected with epidemical diseases to perform quarantine, and to prevent bringing in and spreading malignant and contagious disorders in this State, passed Dec. 14, 1793.—Approved Dec. 29, 1836. Pam. 181. inferior cts 27. Sec. I. The Justices of the Inferior Court of any County, doMauthorior the corporate authorities of any City in this State, within the rtL fo^the limits of which any infectious disease may appear, are, and they are pr«went the hereby authorized and empowered to provide a suitable temporary infSriojr ^liospitEil for the afflicted, to furnish them with subsistence, medicine and nurses, and they are hereby further authorized to provide a guard to prevent the communication with others of the sick and their at¬ tendants, and to order the destruction of infected clothing, and also the interment of the dead. Sec. II. [Repealed by next Act.] Sec. III. [Repealine clause.! INDIANS—1828-'29. 377 Yacetne matter—Indians incompetent witnesses. An Act to repeal all laws requiring the State of Georgia to pay ex¬ penses incurred on account of Small Pox and other pestilential diseases,, and to require the 'Governor to procure vaccine matter. Assented to Dec. 9, 1843. , Pam. 168. 28. Sec. I. Be it enacted, That all laws and parts of laws re¬ quiring the expenses incurred on account of small pox and other pestilential diseases to be paid from the State Treasury, be, and the same are hereby repealed ; and that his Excellency the Governor Governor to cause a supply of vaccine matter to be purchased and kept on handdnemattcr" at different and convenient pfaces throughout the State, to be fur-^l^nfbu- nished to the people gratis, for inoculation, and that he pay for theti0IU same out of the contingent fund. [Statutes omitted as obsolete, repealed, or superseded. Provincial Act of 1760, Watk. 65; of 1763, lb. 87; 1770, lb. 160.] INDIANS. An Act to protect the frontier settlements of this State from the intrusion of the Indians of the Creek nation.—Approved Dec. 20,1828. Vol. IV. 197. [Entirely superseded by the more general provisions of the Act of 1835.] An Act to add the territory lying within the limits of this State, and occu- 'pied by the Cherokee Indians, to the Counties of Carroll, DcKalb, Gwin¬ nett, Hall and Habersham, and to extend the laws of this State over the same, and for^ other purposes.—Approved Dec. 20, 1828. Vol. IV. 198. [Re-enacted, with amendments, by the next in order.] An Act to add the territory lying within the chartered limits of Georgia, and now in the occupancy of the Cherokee Indians, to the Counties of Carroll, DcKalb, Gwinnett, Hall, and Habersham, and to extend the laws of this State over the same, and to annul all laws and ordinances made by the Cherokee Nation of Indians, and to provide for the compensation of offi¬ cers serving legal process in said territory, and to regulate the testimony of Indians, and to repeal the ninth section of the Act of 1823 upon this sub¬ ject.—Approved Dec. 19, 1829. Vol. IV. 198. [All this Act, except the following section, rendered obsolete by removal of the Indians.] 1. Sec. XV. No Indian, or descendant of any Indian, residing within no indian the Creek or Cherokee nations of Indians, shall be deemed a competent wit-deemed a _. f. i ■ r-i i ■ i i ■ i competent ness in any Court of this State to which a white person may be a party, ex- witness, &e. cept such white person resides within the said nation.* •Former Act on this subject, Vol. IV. 218. 48 378 INDIANS—1S30-37. Laws relative to Indians. An Art to prevent the exercise o f assumed and arbitrary power by all -persons under pretext of authority front the Cherokee Indians and their laws, and to prevent white persons from residing within that part of the chartered limits of Georgia occupied by the Cherokee Indians, and to provide a guard for the protection of the gold mines, and to enforce the laws of the State within the aforesaid territory.—Approved Dec. '22, 1830. Para. 114. [Same remarks as to the foregoing Act.] An Act to declare void all contracts hereafter made with the Cherolcee Indians, so far as the Indians are concerned.—Approved Dec. 23, 1830. Pam. 113. [Modified by Act of 1833.] An Act to protect the Cherokee Indians in the peaceable and quiet possession of the lands secured to them by the existing laws of the State, and also to secure their property and persons from illegal violations, and to provide for bringing to trial of the trespassers upon the lots or fractions of land belonging to the State in the Cherokee Country, and prescribing the pun¬ ishment to which they shall be subjected upon conviction, fyc.—Approved Dec. 24, 1832. Pain. 102. [Obsolete.] An Act more effectucdhy to provide for the government, and protection of the Cherokee Indians residing within the limits of Georgia, and to prescribe the bounds of their occupant claims; and also to authorize grants to issue for lots drawn in the late land and gold lotteries in cert, in cases, and to pro¬ vide for the appointment of ah agent to carry certain parts thereof into execution; and to fix the salary of such agent, and to punish those persons who may deter Indians from enrolling for emigration.—Approved Dec. 20, 1833. Pam. 114. [Obsolete.] An Act to amend tin Act entitled an Act more effectually to provide for tlw government and protection of the Cherokee Indians residing within the limits of Georgia, and to prescribe the bounds of their occupant claims; and also to authorize grants to issue for lots drawn in the late land and gold lotteries in certain cases, and to provide for the appointment of an agent to carry certain parts thereof into execution, and to fix the salary of such agent; and to punish those persons who may deter Indians from enrolling for emi¬ gration ; passed Dec. 20, 1833—Approved Dec. 20, 1834. Pam. 152. An Act to authorize the Cherokee Indians to sell and dispose of their improve¬ ments for public purposes.—Approved Dec. 20, 1834. Pam. 156. An Act to authorize the issuing of grants by the State of Georgia to the for¬ tunate drawers of all lots of land situate in the Counties of Cherokee, Cass, Cobb, Forsyth, Floyd, Gilmer, Lumpkin, Murray, Paulding, Union and Walker, which were drawn in the late land and gold lotteries, and to repeal all laws repugnant to the same.-—Approved Dec. 21,1835. Pam. 105. An Act to amend an Act entitled an Act to protect the frontier settlements of this State from the intrusion of the Indians of the Creek nation, passed the 20th Dec. 1828.—Approved Dec. 24, 1835. Pam. 135. [Superseded by removal of Indians.] An Act to provide for the protection of the citizens of the Cherokee country, and for the removal of Cherokee and Creek Indians from the limits of this Slate.—Assented to Dec. 23.1837. Pam. 154. [Superseded by removal.] INSOLVENT DEBTORS—1801. 379 Notice to creditors. [Statutes omitted as obsolete, repealed, or superseded. Provincial Acts of 1758, Vol. I. 257; 1770, 1787', 1788, 1789, 1794, 1796, 1799, Vol. I. 258 to 270; 1764, Watk. 98; 1765, lb. 115; 1784, lb. 288; 1833, Pam. 103 to 107 ; 1833, Pam. 119 to 121.] INSOLVENT DEBTORS." Sec. 1. Proceedings for discharge. 2. Person only relieved. 3. Property concealed. 4. Property surrendered. 5. Trustees' duty. 6. Prison fees. 7. Bond to prosecute, and Jail fees. S. Bond for Jail fees. 9. Petition—Fraud—Issue. 10. Trial. 11. Sheriff's fees. 12. Jail Bounds. 13. Bond for prison hounds. 14. Refusal to receive. 15. Jail Bounds. ■ 10. Articles exempt. 17. Schedule. 18. Honest Debtor's Act. 19. Discharge by Sheriff. 20. Power of sureties. Sec. 21. Oath—Notice—Fraud. 22. Filing of schedule. 23. Final discharge. 24. Bible exempt. 25. Widows' privilege. 26. Jail Bounds. 27. Re-survey. 28. Plan—Record—Evidence. 29. One hundred Acres in Town. 30. Land, &c. exempt. 31., Survey—appraisement. 32. Exception.' 33. Mode of Conveyance. 34. Fifty Acres exempt. 35. Attachment. 36. Delivery of personalty. 37. Notice as to Jail fees. 33. Town property exempt. 39. Females exempt from arrest. 40. Act of 1803 declared valid. An Act to carry into effect the seventh section of the fourth Article of - the Constitution.f—Approved Dec. 5, 1801. Vol. II. 21. Whereas, in and by the said seventh section it is declared, that— [reciting it in full.] And whereas, the manner of delivering up such estate has not been heretofore regulated by law, in conformity to the said seventh section, 1.' Sec. I. Be it enacted, c^*c. [The first part of the section re- enacted with amendments, see sec. 9.] And the several creditors whose suit he, she, or they are charged or imprisoned, as aforesaid, and also those to whom the said debtor or debtors shall or may be then indebted, to be summoned to appear personally, or by their attor¬ ney, at a day to be appointed for that purpose, upon which day the debtor shall produce his books of account, if any he kept, which summons or notice shall be served on each of the said creditors, or left at their notorious places of abode, if they reside within this State];—or if they reside without the State, then upon their attor- futhe state. * For Act declaring assignments by insolvent debtors to the exclusion of creditor void, see " Conveyances," sec. 22. For Act requiring marriage settlements to be recorded, see " Conveyances," &c. see, 62. fFor the former Act for the relief of insolvent debtors, now obsolete, see Yol. I. 182, ^Thirty days, see sec. 9. 380 INSOLVENT DEBTORS—1801. Oath—Discharge—Jail fees'—Gambling. aw of the ney . an(j jf no attorney, then to be published in one of the gazettes of Augusta or Savannah, at least two months before the day ap¬ pointed for such appearance, and upon such, if any of the creditors summoned refuse or neglect to appear, upon affidavit of the due ser¬ vice of such rule or order, the Court shall, in a summary way, ex¬ amine the matter of such petition, and the suggestions of fraud, if any, and if upon such examination it shall appear to the Court that the debtor is really and bona fide insolvent, then snch person shall Schedule, deliver to the Court a schedule of all his real and personal estate, debts, credits or effects, and shall take and subscribe the following The oath, oath, viz : "I, A B, do solemnly swear, (or affirm as the case may be,) in the presence of Almighty God, that I am not possessed of any real or personal estate, debts, credits or effects, securities or contracts whatsoever, my wearing apparel, bedding for myself and family, and the working tools or implements of my trade or calling, together with the necessary equipments for a militia soldier excepted, other than are contained in the schedule now delivered, and that I have not, directly or indirectly, since my imprisonment, or before, sold, leased, assigned, or otherwise disposed of, or made over in trust for myself or otherwise, any part of my lands, estates, goods, stock, money, debts, securities or contracts, whereby any money may hereafter become payable, or any real or personal estate, whereby to have or expect any benefit or profit to myself, my wife or my heirs, so help me God." And upon the said debtor having taken and sub¬ scribed the aforesaid oath, the Court shall order the Sheriff or Jailer Discharge to discharge the said debtor from confinement on account of the matter contained in his petition, and such order shall be a sufficient warrant to the Sheriff, Jailer, or keeper of such debtor, to discharge the said debtor, if detained for the causes mentioned in his or her petition, and no other; and he is hereby required to discharge and jaii fee# set him or her at liberty forthwith, the debtor paying his or her fees; nor shall the Sheriff, Jailer or keeper of said debtor be liable to any action of escape, or other suit or information upon that account. Gambling. Provided, that no person shall be permitted or entitled to take any benefit or advantage of this Act, who has within twelve calendar months, lost at any one time, by any species of gaming, the sum of one hundred dollars, or at different times, the amount of three hun- Perjury in dred dollars. Provided also, and be it further enacted, that if any oaugVow such person who shall take such oath as aforesaid, shall, upon any punished. II indictment for perjury, in any matter or particular contained in the said oath, be convicted by his or her own confession, or by verdict of twelve men, as he or she may be by force of this Act, the person so convicted shall stand in the pillory for the space of two hours, be imprisoned at the discretion of the Court, not exceeding twelve months, and shall never after have the benefit of this Act, and shall be forever after incapable of being a witness in any Court of Justice^ or serving as a Juror.* 2. Sec. II. Each and every debtor so discharged as aforesaid, shall never thereafter be arrested or imprisoned by virtue of any ex- •See Penal Laws, sec. 157 INSOLVENT DEBTORS—1801. 381 Property liable—Debts surrendered—Trustees. ecution founded upon any judgment obtained, or hereafter to be ob- ^e'dSr tained, upon any debt or contract before that time entered into by always, but his person the said debtor or debtors, to any creditor so notified as aforesaid ; never neither shall any debtor so discharged as aforesaid, be arrested ori.abie* held to bail in mesne process for or on account of any debt or con¬ tract entered into prior to their discharge as aforesaid; and any cred¬ itor so notified as aforesaid, who shall cause the person of any debtor so discharged as aforesaid to be arrested, knowing of such discharge, shall forfeit and pay the sum of five hundred dollars, to be recovered by bill, plaint, or information in any Court having cognizance thereof, one half to the use of the other creditors of the said debtor, and the other moiety to the sole use of the said debtor, of which his credi¬ tors shall have no part or benefit; Provided, that nothing herein contained shall prevent any creditor to have execution at any future time against the property, both real and personal, of such debtor or debtors. 3. Sec. III. If any person shall discover and give information of Property any property embezzled or concealed by any debtor as aforesaid, pre- how to be vious to his discharge, or not included in the schedule so delivered dlsP°S€d of* in as aforesaid, such person shall be entitled to one-half of the value of such property, upon its being established that the same was the property of the said debtor, and embezzled, secreted, or not included in the schedule as aforesaid. 4. Sec. IV. The property contained in the said schedule, pre- sented to the Court by such debtor or debtors, shall be delivered into erty and the hands of the Sheriff of the County in which such debtor or der£i.surren~ debtors may have been confined,* who shall make sale thereof, agree¬ ably to the law regulating Sheriff's sales within this State; and if any part of the property so given up shall consist of judgments, bonds, notes, contracts, securities, mortgages, liquidated demands or open accounts, the Court shall order the .same to be assigned over by said debtor or debtors, to some fit and proper person or persons, whom a majority of the creditors shall nominate to the use of, and in trust for such judgment creditors, which, when collected by the said trustee or trustees, together with the. money which may be in the hands of the Sheriff, arising from the sale of any property of such debtor or debtors, shall be subject to the further order of, and after the payment of the costs and charges, shall be distributed by the said Court, agreeably to the laws within this State for the payment of judgments and executions. 5. Sec. V. The said trustee or trustees shall proceed without. Trustees, delay to collect all the debts, &c. so transferred as aforesaid, eitherllieirtluty' by suit or otherwise, which, when collected, shall be paid by the said trustee or trustees into the Clerk's office of the said Court ; and acre.^ex- 34. Sec. I. Be it enacted, That from and after the passage of the «ach head of Act, the amount of fifty acres of land to the head of each family, bo x family. same jg hereby declared to be exempt from levy and sale by virtue of any judgment, order or decree of any Court of Law or Equi¬ ty in this State, founded 011 any contracts made after the first day of January next, except the same shall be for the purchase money of said land, for the payment of which, said land shall be bound.* •See Act of 1845, sec. 38. INSOLVENT DEBTORS—1845. 391 Debtor arrested in another County—Notice to plaintiff as to jail fees—Real estate in City, &c. 35. Sec. II. All property of any kind exempt under this Act, or any former one, from levy and sale under execution, founded upon any judgment or decree, shall, under like circumstances, he ex¬ empt from levy under any attachment. Sec. III. The provisions of the first section of the before-recit-Repealing ed Act, 'and all other laws and parts of laws militating against the clausa- provisions of this Act be, and the same are hereby repealed. An Act in relation to Insolvent Debtors.—Approved Dec. 27, 1845. Pam. 35. 36. Be it enacted, That when any debtor residing in any Coun- ®es^rAr-a ty, other than that in which a judgment may be against him, shall other conn? be arrested by virtue of a capias ad, satisfaciendum issued thereon, lYv^persoa- and shall give bond in terms of the "Act for the relief of honestta]?hePsh^ debtors," it shall be lawful for such debtor to deliver to the Sheriff °f comSy the County in which he resides, any personal property (other than chbses in action,) specified in his schedule, which Sheriff shall hold the same subject to the order of the Court from which said execution shall be issued, and shall give to said debtor a certificate of such de- Certificate, livery, which, on being filed with his schedule, shall be sufficient to authorize- the discharge of the debtor on taking the oath prescribed, so far as relates to such property. 37. When any debtor, after giving bail, or • security, on mesne or ®*bdt°[edu1'- final process, shall be surrendered by his bail or security,(and com- baunottobe lnitted by the Sheriff to jail, it shall not be lawful for any Court to untinogday« discharge such debtor from custody, because of the jail fees not be- pontiff to ing paid or secured, unless the Sheriff or Jailer shall give at least ten Pa^Jail f6es- days prior notice in writing, to the plaintiff or his attorney, who shall be allowed that time within which to pay or give security for the jail fees, and thereby prevent such discharge.* An Act to extend the provisions of an Act assented, to Dec. 11th, 1841, and also an Act. assented to Dec. 22d, 1843, so as to exempt from leva and sale certain property therein mentioned.—Approved Dec. 29, 1845. Pam. 42. 38. Sec. I. Be it enacted, That the provisions of the Act to ex- empt from levy and sale under execution, Certain property therein Town, mentioned, assented to December the eleventh, eighteen hundred and nge exempt, forty-one, and the Act amending the same, assented to on the twen¬ ty-second December, eighteen hundred and forty-three, be extended to the citizens of any City, Town or Village in this State, and to [include] exclude real property in such places not exceeding in val¬ ue two hundred dollars. Sec. II. [Repealing clause.] ♦Se8 Act of 1847, " Judiciary," see. 292. 392 INTEREST—1759. Feme, sole exempt from imprisonment. An Act to abolish imprisonment for debt, so far as relates to Wid¬ ows and feme soles.—Approved Dec. 28, 1847. Pam. 112. widows .and 39. Sec. I. Be it enacted, That no widow or other feme sole toe from shall hereafter be arrested, imprisoned, or in any manner restrained or ftwdebtf111'1 deprived of her liberties, for of on account of any debt or demand against her, arising upon any contract made or entered into after the passage of this Act. Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to amend an Act approved December the tenth, 1803, to au¬ thorize the Justices of the Inferior Courts of this State to dis¬ charge Insolvent Debtors confined by propess from any Court of this State whatever, so far as to amend the caption of the same. Approved Feb. 23, 1850. Pam. 268. Act of 1803, 40. Sec. I. Beit enacted, That the caption of said Act be so and declar- amended as to read as follows : " an Act to authorize the Justices of ed valld- the Inferior Courts of this State to discharge insolvent debtors con¬ fined by process from any Court of this State whatever, and to au¬ thorize Magistrates to require bond to prosecute in criminal cases and that the said Act be as valid as if again enacted. Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. [Statutes relative to this title, omitted as obsolete, repealed or su¬ perseded. Provincial Act of 1766. Yol. I. 182.] An Act for reducing the Interest of Money in this Province.—Ap¬ proved March 27, 1759. Yol. I. 270. [Eight per cent, superseded by subsequent Acts.] *Eor Act in relation to interest to be charged against executors, administrators, and guardians, see "Executors, Administrators," &c. sees. 155, 156. As to interest on unliquidated demands, and verdicts increased by interest, see " Ju¬ diciary," sec. 133. INTEREST.* Sec. 1. Payments, how applied. " 2. Judgments, how entered. Sec. 3. Lawful interest. " 4. Interest on judgments. INTEREST—1814-'45. 393 Rule of computing interest—Effect of u^ury—Lawful interest, 7 per cent. An Act to establish an uniform mode 'of calcuTating interest in this State, and to prevent the collection of Compound Interest.—Ap¬ proved Nov. 23, 1814. Yol. III. 336. Whereas, it is just and equitable that there shall be an uniform and definite mode practised throughout the State for calculating in¬ terest, 1. Sec. I. Be it enacted, fyc. That in future the mode of calcu- latins interest in this State shall be at and after the rate of eight per ,0 the , discharge of cent, per annum ; and whenever any payment shall bp made on any interest due note, bond, or other instrument, demand, executibn, or judgment, where any interest has accrued on any such note, bond, or other in¬ strument, execution, or judgment, such payment shall, in the first place, be applied to the discharge of interest due, and 110 part of the principal shall be considered as discharged until the interest shall have been first extinguished. Provided, nevertheless, that in all casesIfmy >'"<«- o • rr- i i eat remains Where the payment made shall not be sufficient to discharge all the unpaid, it interest due at the time of the payment, no interest shall at any fu- ry interest' tuce payment be calculated on the balance of interest which was left unpaid. 2. Sec. II. In all cases where judgments may hereafter be oh- principal tained, all such judgments shall be entered up for the principal sum kept'sepl681 due with the interest,1 but no part of such judgment shall bear in-ent%m0f18 terest, except the principal which may be due on the-original debt, jud£m9nts- any law, usage, custom, or practice to the contrary notwithstanding. An Act to alter and amend an Act entitled an Act for reducing the Interest of Money in this Province, passed March 27, 1759, so far as relates lo Usurious Contracts.—Approved Dec. 23, 1822. Yol. IY. 488. [Superseded by next Act.] An Act to alter-fhe law in relation to Interest on Money.—Approved Dec. 17, 1845. Pam. 35. 3. Sec. I. Be it enacted, That all contracts, bonds, notes, and L»wfUi i„. assurances whatsoever, made after the passage of this Act, "by or cent?'7 per with an incorporated bank, or any other person or persons, whether natural or artificial," for the payment of any principal on money, goods, wares, or merchandize, or other commodities whatsoever, to be lent, covenanted, to be performed upon or for any usury, whereupon or Effect ofus«- whereby there shall be reserved or taken above the rate of seven per tract.00"" centum per annum, shall be void and of no effect, except so far as to authorize the recovery of the principal due thereon, and no more.*3 ♦As to pica of usury and discovery by defendant,,see " Judici-ary," sec. 454. [1.] Does not apply to cases where the recovery is in damages. 6 Ga. 303 [2.] Interest voluntarily paid may be recovered back. 1 Kelly, 140. In Equity, 376. But when paid on one note, and suit is brought on another by the holder of both, it cannot be pleaded as payment; it may be as a set-off. 1 Kelly, 241. A contract, usurious in its inception, continues so, although renewals may be made of the 394 INTEREST—1845. Rates of interest in different States. Imprest on judgment 4. Sec. II. Any judgment hereafter rendered in any Court of »ame as on this State, shall bear interest (so far as regards the principal debt) at •suse of ac- , ' , . , v ° r, . , 1 . . / ti«n. tue same rate as that borne by the contract upon which such judg- mein may be obtained.1 [Statutes omitted as obsolete, repealed, or superseded. Act of 1755, (10 per cent.) Watk. 44.] Provincial The following are the rates of interest in the several States of the "Union: Maine, (a) six per cent. New Hampshire, (/>). six per cent. Vermont, (r) six per cent. ' Massachusetts, (5) six per cent. Rhode Island, (e) six per cent. Connecticut, (c) six per cent. New York, (7) seven per cent. New Jersey, (7) six per cent. Pennsylvania, (r) six per cent. Delaware, {d) six per cent. Maryland, (<■) six per cent. Virginia, ( t ) six per cent. North Carolina, {<•) six per cent. South Carolina () eight per cent. California, no laws on this subject—mattef of contract. NOTES TO FOREGOING TABLE, (a.) Excess of interest forfeited; debtor may swear off when sued ; ho penal offence* (b.) Three times the usury forfeited. In Massachusetts, three times the interest, (c.) Extra interest forfeited. (d.) Debt forfeited for usury. (c-) Forfeiture of entire debt—one-half to State, one-half to informer. Railroad and Canal Companies exempt from the law. (/.) Contract void—forfeiture of double the amount loaned—one half to informer. (g.) Principal recoverable without costs. (//,.) Principal only recoverable—usury, penal offence, (?'.) Conventional interest eight per cent. Interest forfeited. In Mississippi on money loaned, may be ten per cent. (A.) Conventional interest ten per cent.—excess cannot be recovered. (I.) All interest forfeited. (/».) Conventional interest ten per cent.-—debt forfeited. (■«.) No usury law. (o.) Conventional interest twelve per cent.—interest forfeited. security. It may be purged, however, by an accounting and a deduction of the usury. 1 Kelly, 392, 410. ft Ga. 2-53. Back interest, if the debt is not punctually paid, may be recovered as stipulated damages. 1 Kelly, 469. If a surety pays usurious interest, knowing it to be such, he cannot recover it*back out of his principal. 8 Ga. 562. [1.] Sec 7, Ga. 204. •INTERNAL TRANSPORTATION—Railroads—1839. 395 Remedy of land owner. INTERNAL TRANSPORTATION. ART. I. RAIL ROADS. 1. General Laws. 2. State Road. 3. Private Corporations. ART. II. STEAMBOAT AND CANAL COMPANIES. 1. General Laws. 2. Private Corporations. ART. m. TURNPIKE AND PLANK ROADS. 1. General Laws. 2. Private Corporations. Sec. 1. " 2. " 3. " 4. " 5. " G. " 7. " 8. " 9. ART. I. RAIL ROADS.*—1. General Laws Sec Award of Appraisers. Stock—oath of neighbors. Refusal to pay—suit. Refusal to appoint Appraisers. Time of meeting—Award. Liability for stock. Proceedings to assess. Notice as to Agent. Engineer and Agent's duty. 10. Engineer's oath. 11. Complainant's oath. 12. Fraud in Claim. 13. Baggage Checks. 14. Filing of award—appeal. 15. Freight Train on Sabbath. 16. Duty as to Slaves. 17. Liability for escapes. An Act to declare the remedy of a freeholder, through whose land any of the chartered Railroads of this State shall pass.—As¬ sented to Dec. 23, 1839. Pam. 191. Whereas, several of the Acts incorporating of Railroad or Rail¬ roads and Banking Companies, or Railroad and Canal Companies, re¬ quire that an award in certain cases, where the right of way is dis¬ puted, shall be made by appraisers, without declaring whether such award is to be made by a majority or the whole of such appraisers, to the injury of freeholders, for remedy whereof: 1. Sec. I. Be it enacted, That in all cases where a majority of award of appraisers appointed under the authority of any Act or Acts of in- £ppr»™Mf corporation of any Railroad or Railroad and Canal Company, shall*uffielent- agree and return their award in conformity to the rules provided in such Act or Acts of incorporation, the same shall be deemed and held to be the award of the appraisers, and such other proceedings by appeal or otherwise, shall he had thereon, as are provided for in said Act or Acts of incorporation, severally.! * For Act requiring Railroad Companies to keep in repair roads crossed by them, see "Roads, Bridges, &c." see. 58. As to exemption of Railroad hands from working on public roads, see same title, sec. 86. fThe provision in all of the Railroad charters in Georgia, referred to in this Act, is substantially the same with that in the Central Railroad charter, which may be found, in the XVth sec. Prince 332. Pam. of 1835, 217. 396 INTERNAL TRANSPORTATION—Railroads—1840-'43. Liability for stock killed—Assessment of damages. An Act to define the liability of the several Railroad Companies of this State, for the loss of Stock killed or wounded by the running of Cars or Locomotives on their Roads, and to regulate the mode- of proceeding in such cases.—Assented to December 23, 1840. Pam. 151. ' • [This Act re-enacte 1 with amendments, in 1847, see sec. 6.] An Act to amend an Act to define the liabilities of the several Rail¬ road Companies in this State, ■ for the loss of Stock, killed or wounded by the running of Cars or Locomotives on their Roads; and. to regulate the mode of proceeding in such cases, assented to 23d December, 1840,* and for other p urposes.—Assented to Dec. 23, 1843. Pam 145. oath of two 2. Sec. I. Be it enacted, That from and after the passage of this amfowri'or Act, that any person whose stock has been killed or wounded by the value"*"6 °f eil§4nes or cars of any of the Railroad Companies of this State, may get two of his neighbors to view and value the same ; and the oaths of the owner and the neighbors aforesaid, shall be taken in evidence on the trial, as hereinafter provided for. on refusal to 3. Sec. II. Upon refusal by any Railroad Company, to pay to mly b"'1 ^ie complainant the damages so assessed as aforesaid, the party ag- bmugiit. grieved may bring his suit against the Company, in the proper Court, ill the County where the President of the Railroad Company re¬ sides, and in a Justice's Court,1 if the damages assessed are under thirty dollars ; and upon the trial of the case or cases so brought, it shall and may be lawful for the plaintiff to use in evidence, the award of the Jury summoned to assess the damages; and upon recovery Exeeution. against the Company, he or she shall be entitled to execution in cases of debt. on refusal 4. Sec. III. Whenever any Railroad Company shall neglect to mnommat"7 nominate a person, on its p;art, to assess damages sustained by reason irn'rcomt of the use, by the Company, of thb land, lumber, or materials of any ™atenom' person, the Inferior Court of the County in which such land, lumber, or materials may be, or any three of the Justices of the said Court, shall appoint a disinterested freeholder of the County, on the part of the Company, to assess the damages, in concert with the persons nominated by the party injured, and by the Court, according to the »o"cfays existing laws : Provided, said Company shall neglect to nominate a person on its part for the period of ten days after the appointment by the person injured, and notice thereof to the Company, meeting ^EC- The persons appointed shall meet for the' purpose of assessing the damages, at such time as the person appointed on behalf Award. of the Court, shall direct; and the award of said persons, or any two *More ample provisions in the next Act, (1847.) [l.j This Act prospective; before its passage, Justices' Courts had no jurisdiction of tres¬ passes. 1 Kelly, 173. • INTERNAL TRANSPORTATION—Railroads—1847. 397 Injury to stock—Agent of Company—Assignment—Suit. of them, shall be sufficient to determine the damages sustained, from which an appeal may be taken in manner directed by the, fifteenth Appeal, section of the Act approved on the 14th day of December, 1835, in relation to the Central Railroad and Canal Company.* ' Art Act to define the liabilities of the several Railroad Companies of this State J or injury to or destruction of line stock or other proper¬ ty by the running of cars or locomotives on l/tefr Roads, and regu¬ late the mode of proceeding in such cases, and to define their dirties and liabilities to passengers, and to regulate the mode of proceeding thereonf—Approved Dec. 30, 1847. Pane 250. 6. Sec. "I. Be it enacted,, That the several Railroad Companies liability for of this State shall he held liable in law for any damage done to live M>c,nilj'Jred stock or other property (to the owner or owners thereof) by the running of the cars or locomotives of said Companies on their Roads respectively. 7. Sec. II. For the better ascertainment and settlement of such Agent ot Ca. damages hereafter, it shall be the duty of each of said Companies to duty, appoint an agent or agents to attend at the depot of the Company on each Justice's Court day to hear any complaint for damages as.afore¬ said, he putting a notice in writing at the district Court house door of his attendance and readiness to do so, by or before mid-day ; and in case of disagreement between such agent and the complainant, incase ©f either as to the fact of such damage being done, or the amount of reference! the same, they may each choose one disinterested freeholder of the district, which two shall choose a third, who, after being sworn be¬ fore a Judge or Justice of the Peace truly and impartially to estimate the damages in the case submitted to them, shall estimate and assess such damages, and give their award in writing ; and upon the pre- Award, sentation of such award by the person so aggrieved, his agent or at¬ torney, to such agent of the Company, or the president or cashier of any such Company, and a refusal to pay the amount of the same suit on to the person so presenting it, or his order, such person so damaged usa 10 pa7- or aggrieved may commence his suit against such Company in the proper County and Court, for the damages aforesaid, and upon the trial of such suit the written award shall be .conclusive;}; of such dam- Aw?.rd con- ages aforesaid, and read as evidence in said case ; and upon the trial dence. of the case, (which shall be at the first term of the Court,) the Jury shall find for the plaintiff the amount of the damage to the property, the Railroad fare to the Court and back, and such damage for time Damages, and trouble, not less than fifty per cent, on the damage for the pro¬ perty, as to them may seem reasonable and just: Provided, if the Railroad agent does not attend and select a freeholder as before pro- Proceeding* vided, then one of the Justices of the Peace shall select one free- ^gent no *The section referred to simply statsd " with the right of appeal to either party to be tried by a special Jury, at the next term thereafter of the Superior Court of said Coun¬ ty." Prince's Digest, 332. Pam. of 1835, 217. tThis Act amended by Act of 1850, sec. 14. jTormer Act of 1840, made it prima facie evidence. 398 INTERNAL TRANSPORTATION—RAILROADS—1847-50. Oath of Engineers—Oath of Complainant—Cheeks. holder, the complainant one, and they two, one other, which three shall assess the damage and award as aforesaid. notice of ap- 8. Sec. III. The Company shall notify the Magistrate of the poiIltmentof district and the Clerk of the Superior Court of the County, of the appointment of such agent as is before provided for, and such Clerk shall record the notice served oil him, and receive one dime for re¬ cording the same. 9. Sec. IV. The engiueer shall render to the agent at each depot an account of all the stock or other property damaged between that and the last depot, which account the agent shall enter in a book to be kept by him, which hook shall he at all times open to any person wishing to inspect the same. , 10. Sec. V. Before entering on his duties, the engineer shall take and subscribe an oath to render a true account to the agent at the depot,,as above required, of all property damaged as aforesaid; and any Railroad Company employing an engineer to whom such oath has not been administered, shall pay each and every land owner through whose land the Road runs, at the rate of five dollars per mile for each and every trip through said land. Oath of coin- 11. Sec. VI. The complainant, on making complaint, shall take piamant. subscribe an affidavit that he or she has, to the best of his or her knowledge or belief, sustained damages without any fraud or combi¬ nation on his or her part directly or indirectly, which affidavit shall be attached to the award before it can be re id as testimony. fraud in the 12. Sec. VII. If on the trial it shall appear to the Jury that the plaintiff practised or attempted to practise fraud 011 such Company in relation to the property damaged, the Jury shall give a verdict in favor of the Company for cost and such damage as they may believe the Company has sustained by reason 01 the said suit. 13. Sec. VIII. Whenever the baggage of a passenger is received by the Railroad agent and put aboard a car, the conductor shall at¬ tach to each parcel of baggage a rnetalic check containing a number .,' and the depot to which the baggage is to be transported, and at the same time shall give a duplicate or duplicates to the owner of the Damage for baggage, for which baggage the Company shall be liable, with treble dela)' damage for any detention the passenger may suffer by delay in re¬ covering the same. Sec. IX. All laws and parts of laws militating against this Act he, and the same are hereby repealed. An Act to amend, the Act passed at the last session of the General Assembly in relation to the liability of Railroad Companies for in- jury to or destruction of live stock and other property by the run¬ ning of cars or locomotives on their roads, and for other purposes therein contained.—Approved Feb. 23, 1850. Pam. 337. award w be 14. Sec. I. Be it enacted, That in all cases where an award oier;:" of- shall be made in conformity with the provisions of the second section gee, a;,a ^ 0f sajq the saffio shall be filed in the Clerk's office of the Supe- on'proiidint. rior Court of the County in which the principal officer of the Raii- ttgent. Daty of en- giuoer and agent. Oath of en¬ gineer. Penalty. complaint. Baggage checks. INTERNAL TRANSPORTATION—Railroads—1850. 39$ Awards—Freight trains—Slaves without permits. road Company may be ; and it shall be the duty of such Clerk to make out and serve a copy thereof on the president of said Company, or by leaving it at said Company's office within ten days after the filing of said award ; and within twenty days after such service the Execution Clerk shall issue execution for the amount of said award and the costs attending said filing, copy and service against said Company— unless the said Company, by one of its officers or its attorney, shall Appeal, enter an appeal in the usual manner, on paying costs and giving se¬ curity, in which case said claim for damages shall stand for trial be¬ fore the special Jury at the first term after such appeal, upon the same terms, restrictions and liabilities as apply to and govern other appeal cases, and judgment and execution shall be rendered and issued accordingly. An Act to prevent the running of all freight trains upon all Railroads in this State on the Sabbath day.—Approved February 11, 1850. Pam. 338. 15. Sec. 1. Be it enacted, That from and after the first day of Frejght ■March next, it shall not be lawful for any company or individual to tun any freight train or any car carrying freight upon any railroad sabbath d^y. now existing, or that may hereafter'be made, in this State, on the Sabbath day ; and any conductor or other person so running or as¬ sisting in running any train or car carrying freight on the Sabbath day, shall each be guilty of a misdemeanor : and on conviction there¬ of each conductor shall be fined in a sum not exceeding five hundred dollars, and each other person so as aforesaid offending shall be fined in a sum not exceeding five hundred dollars. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to mahe it a penal ofc7i.ee Jor any conductor, fireman, engi¬ neer, or other officer or agent on or managing or con ducting any railroad hi this State to allow any slave to travel on the same, ex¬ cept under certain circumstances.—Approved February 21, 1850. Pam. 338. 16. Sec. I. Be it enacted, That from and after the passage °f°®cn6™ this Act, that any conductor, fireman, engineer, or other officer or mutingpo,l~ agent on or conducting or managing any locomotive, tender, car or IffiJn 60 cars on any railroad in this State, who shall allow any slave to enter and travel on the same, in the absence of the owner, overseer or em-of mide- ' > , meanor. ployer of said slave, or without a written permit from the owner, overseer, or employer of said slave, for that express purpose, shall be guilty of a high misdemeanor, and on conviction thereof in any Court having jurisdiction of the same, shall be punished by imprison¬ ment and labor in the Penitentiary for any time not less than one year nor longer than three years. 17. Sec. II. And be it further enacted, That if it shall be made 400 INTERNAL TRANSPORTATION—State Road. Analysis. inability of to appear that any negro slave shall escape on any railroad car, loco- no"roesy 'f motive or tender, without written permit from the owner, overseer,. easie*- or employer, such owner, overseer, or employer may recover by suit in any Court of competent jurisdiction- the amount of the value of the said negro, and the amount of all expenses of the suit incurred, from said Railroad Company.1 [Statutes omitted as obsolete, repealed or superseded. Act of 1825, (Board of Public Works,) Yol. IV. 91. (Central Railway,) lb. 90. 1826, lb. 94. 1820, (Topographical Engineer,) lb. 426.] 2. STATE RAILROAD.* Sec. 18. Gfeneral route, 19. Engineer—location. 20. Superintendent—contracts. 21. Draft for funds. 22. Accounting—auditing. 23. Right of way. 24. Bridges. 25. Injuries to road. 26. Name. 27. Aid to branches. 28. Crossing Chattahoochee. 29. Engineer's report. 30. Extension to Tennessee. 31. Commissioners. 32. Their powers. 33. Quarterly returns. 34. S. E. terminus. 35. Sale of stock. 36. Election of Com.—oath. 37. State seal. 38. Repealing clause. 39. N. W. terminus. 40. Unnecessary Engineers. 41. Sale of scrip. 42. Authentication. 43. Security for payment. 44. Report to Legislature. 45. Appropriation. 46. Deposit in Central Bank. 47. Discretion of Board. 48. Draft on Central Bank. 49. Special oath. 50. Proceeds of scrip. 51. Stamp—Device. 52. Evidence. 53. Governor's duty. 54. Counterfeiting. 65. Scrip—when payable. 56. Sale for iron. 57. Coupons for taxes. 58. Extra damages. 69. Presence of Commissioners. 60. Determined by lot. 61. Suspension of work. 62. Disbursing agent. Sec. 63. Powers and duty. 64. Assets—schedule. 65. Engineers' duty. 66. Payment of public debt. 67. Deposit of funds. 68. Cancelling of bonds. 69. Repealing Act of 1836. 70. Repealing Act of 1841. '71. Chief Engineer. 72. Completion of road. 73. Sale of road. 74. Terms. 75. Governor's duty. 76. Appropriations. 77. Work of convicts. 78. Application of profits. 79. Bonds issued. 80. Interference with road. 81. Appointment of Agents. 82. Oath. 83. Bond and oath of Chief EngY 84. Salaries—Assistant. 85. Quarterly returns. 86. Additional Engineers. 87. Completion of road. 88. One contract. 89. One assistant. 90. Early completion. 91. Bonds issued. 92. Sale of. 93. Authentication. 94. Application of profits. 95. Repeal as to sale. 96. Private turnout. 97. Treasurer's bond. 98. Other agents. 99. Embezzlement. 100. Chief Engineer's warrant. 101. Engine runner's oath. 102. Sale of land. 103. By-laws. 104. Restrictions on Engineers. 105. Sale of land. 103. Application of proceeds. 107. Resolutions. *The compiler has retained under this title a/Zthe legislation on the subject, deeming the same important to legislators, if none others. He has by notes referred to suck as is repealed. (1.) Held 13 be the U«, before the Statute. 8 Ga. 100. INTERNAL TRANSPORTATION.—W. & A. R. R.—1836. 401 State Railroad.—Location—Engineers—Superintendent. An Act to authorize the construction of a Railroad communication from the Tennessee line, near the Tennessee river, to the point on the South-eastern bank of the Chattahoochee river, most eligible for the running of branch roads, thence to Athens, Madison, Mil¬ led grille, Forsyth, and Columbus ; and to appropriate moneys therefor.—Approved Dec. 21, 1836. Pam. 214. 18. Sec. I. A railroad communication as a State work, and with from the the funds of the State, shall be made from some point on the Ten- lire to the nessee line,* near the Tennessee river, commencing at or near Ross- cheeaven ville, in the most direct and practicable route, to some point on the southeastern bank of the Chattahoochee river, which shall be most eligible for the extension of branch railroads, thence to Athens, Madison, Milledgeville, Forsyth, and Columbus, and to any other points which may be designated by tne engineer or engineers, sur¬ veying the same, as most proper and practicable, and on which, the Legislature may hereafter determine : Provided, that no greater sum than |)350,000, shall be appropriated, annually, to the work contem- ^oayoo^ap- plated by this Act, unless a future Legislature shall otherwise direct, annually. 19. Sec. II. A competent Engineer shall be forthwith appointed engineer, by the Governor, whose duty it shall be to make an accurate and in- Survey and stramental examination, survey, and location of said road, and anloCdtlon' estimate of the probable co'st, which said Engineer shall be author¬ ized and empowered, under the control and direction of the Gover¬ nor, to employ such assistants, surveyors and attendants! as shall be necessary, speedily and effectually to accomplish such survey aril lo¬ cation, and an estimate of the expenses thereof; and the salaries and expenses shall be paid out of the Treasury of this State, for which purpose, the sum of $60,000, be, and the same is hereby appropriat¬ ed and set apart. 20. Sec. III. So soon as a report of such survey and location superin- and estimate shall have been made by the said Engineer, to the Ex-tendent- ecutive, if the same shall show the work to be practicable at a reason¬ able expense, a Superintendent! shall be appointed by the Executive, whose duty it shall be, to advertise for proposals for the construction contracts, of said road, or such parts thereof, as shall be determined by said Superintendent, under the advice of said Engineer, to be first built. And on the receipt of satisfactory proposals, the said Superintendent shall accept such of them as shall be most advantageous to the State, and shall insure the construction thereof, within a time to be allowed by the Superintendent, and shall have authority to require such se¬ curities as shall be deemed necessary, to insure the faithful perform¬ ance of the contracts; Provided, that the width of the tract of said width of the railroad, shall be five feet, from the inner edge of one rail, to the in- "Extended to Tennessee river ; see subsequent Acts. fSee Act of 1838, sees. 40, 47. J Power anrl duty transferred to board of commissioners by Act of 1837, sec. 31; by Act of IS 11, to disbursing agent, (62,) and by Act of 1843, to the Governor and Chief Engineer, sec. 71-. 51 402 INTERNAL TRANSPORTATION.—W. & A. R. R.—1836. Accounts—Right of way—Arbitration. Appropria- ner edge of the other. And be it farther enacted, That the sum of Hon for 1837. ^290,000, be, and the same is hereby set apart and appropriated for the year 1837, for the accomplishment of the work contemplated by this Act.* Money, how 21. Sec. IY. When funds shall be needed to defray the expenses ' and cost of the work on said road, or for materials, or for the fulfil- , ment of contracts, the same shall be applied for to the Executive, on the certificate of the Superintendent, and on the production of said certificate, it shall be the duty of the Executive to make a requisition on said fund, for the amount of such certificate. , Accounting, 22. Sec. Y. It shall be the duty of the said Engineer and Super- • intendent, to make quarterly; to the Comptroller General, a return of the full amount of their respective disbursements, and to produce and auditing their vouchers therefor, and it shall be the duty of said Comptroller, to audit such accounts, and to make a full and detailed report thereoi at the end of the session, sight of way 23. Sec. YI. The Engineer and Superintendent of the State shall have full power and authority to treat with any owner of land, or any executor, administrator, or guardian, having the legal custody and management thereof, through which said Railroad may be cut or constructed, or from which any timber or other material may be taken for the construction of said Railroad, and to fix and agree upon a Arbitration, compensation for the same. And when said Engineer and Superin¬ tendent cannot agree with such owner so aggrieved, (and in all cases where an executor, administrator,, or guardian is concerned,) the amount of injury or damage sustained, shall be in writing submitted to, and shall be adjudged and determined by three arbitrators, sworn to do justice between the State of Georgia and the party so aggrieved, one of whom shall be chosen by the said Engineer and Superintend¬ ent, one by the other party, and a third by the two so chosen, or in the event of their disagreement in*'such choice, by any three or more of the Justices of the Inferior Court of'the County in which such land may lie, either in term time or vacation ; * all which submission, choice, or appointment and award shall be reduced to writing, and no act bona fide of any executor, administrator, or guardian, and in con¬ formity with this Act, shall in any manner prejudice his, her, or their interest, but shall be binding on the heirs at law,'legatees, or orphans with whom he, she, or they may have to account; and it shall and *The following is the estimated cost of. Western & Atlantic Railroad: Amount expended to Sept. 30, 1846, $3,192,694 OH Expenditures during 4th quarter, 1846, 51,384 30 « " 1st 1847 22,305 74 " " 2d " 1847 7,179 32 " " 3d " 1847,' 26,602 37 Scrip redeemed,. 4,500 00 $3,305,165 88 The above statement of the cost of this work, was furnished by Col. Clias. E. M. Garnctt,. Chief Engineer, in his report to Gov. Craw¬ ford, 3!!tli Sept. 1847. To this add amount appropriated by Act, 30:h Dec. 1347, for the completion of the road from Dalton to , Chattanooga, '375,000 00 Total cost, $3,030,165 88 INTERNAL TRANSPORTATION.—W. & A. ft. R.—1836. 403 Appeal—Bridges—Injuries—tName-r-Branches. may be lawful for the said Engineer or Superintendent for, and on Appeal, behalf of the State, or for the other party to the award of said arbi¬ trators'to present to them a written declaration of dissatisfaction therewith, and desire to appeal therefrom, who shall thereupon trans¬ mit forthwith to the Clerk of the Superior Court of the County wherein said land may lie, all previous proceedings in the case, to¬ gether with such appeal, td be tried by a special Jury, as in other, cases of appeal, without formal pleadings of issue; which said ap¬ peal shall be prosecuted on behalf of the State by the Attorney or Solicitor General officiating in such Court; and .upon presentation to Payment of the Governor of any such agreement or award, attested by a Justicethe award> of the Inferior Court of the County wherein said land may lie, or of a verdict of a special Jury in any such Superior Court, certified by the Clerk thereof, whereby the payment of a sum of money has been accorded, awarded, found, or adjudged to any individual in the mannes herein pointed out, together with a relinquishment of the land, if any were in dispute, it shall be his duty to make a re¬ quisition upon the fund herein before appropriated, in satisfaction of the claim so adjusted. In making the said valuation, the appraisers Principles of or. the Court, (in case of appeal,) shall take into consideration the loss ass,essment- or damage which may accrue to the owners in consequence of the land being taken or the right of way being obstructed ; Provided,, that no difference or disagreement between the State and any land-Work not to holder shall operate by injunction or otherwise to suspend the pro-De enjomed" gress of said work; but the same shall in all cases be continued without interruption, if such submission Jo said award shall be ten¬ dered by said Superintendent and agent as aforesaid ; And provided further, that it do not interfere with the -house, mill, or other build- Proviso, ing, or yard, or grave-yard inclosure.of individuals or churches. 24. Sec. YXL' Whenever • the said railroad shall intersect any Sndges. public road, the State shall; build a. safe.-and substantial bridge or other means of crossing, to be afterwards maintained by the State, and any public or private bridges may afterwards be built across the said railroad 'K% Provided, such bridges shall not interrupt the use of the railroad. v ' 25.' Sec. YIII. . Any person injuring the property of the State, or wiifui inju- who shall unlawfully throw earth, stones, rubbish, logs, trees, or any road. e other matter in or upon the railroad, shall be punished by indictment for a misdemeanor, and on conviction may be fined and imprisoned, or fined or imprisoned, at the discretion of the Court; and shall also be liable for such damages as may be occasioned thereby, to be' recovered by action, at the suit of the State, or of any person ag¬ grieved, in any Court having jurisdiction.* 26. Sec. IX. Said railroad shall be known and distinguished as ^™eof tiie the lYestsrn and Atlantic Railroad of the State of Georgia. 27. Sec. X. [And fur the encouragement of the construction of state to aid branch railroads from the terminus of the said State Railroad on the ebranch0* CirJ.: diooehce to the several towns of Athens, Madison, Miliedge- ville, Forsyth and Columbus, Be it further enacted, That so soon *SeeA-jt oi lSio, sec. 80. 404 INTERNAL TRANSPORTATION.—W.& A. R. R.—1836-37. Branches—Report—Road extended—Board of Commissioners, as charters shall have been obtained for the construction of said branch railroads or any of them, and one-half of the stock shall have been subscribed for, in all or either, it shall be the duty of the Gov- by taking^ ernor to subscribe, in the name of the State, for one-fourth of the stock. ° capital stock of such company or companies; Provided, that said subscriptions shall not exceed $200,000 to any one branch: And provided also, that the State shall not be required to pay any part of said subscription until the whole capital stock of any such compa- Main trunk nies shall have been subscribed for ; Provided also, that nothing in •maybe this Act shall be so construed as to prevent the State from authoriz- crossed. ing. any company now, or hereafter to be incorporated to intersect or cross said main trunk, or any branches with any other road; And farther" provided, that the tracts of all branch roads, by this Act con¬ templated, shall correspond in w;idth with that of the main trunk.]* Where to 28. Sec. XI. TJhe said' railroad shall cross-the Chattahoochee Siattahoo- river at some point between Campbellton, in Campbell County, and chee. Wynn's ferry, in Hall County. engineer to 29. Sec. XII. The Engineer shall, from time to time, at least progress!9 every three months, report to the Governor, the progress of said work, and that he cause the same to be immediately published in the several gazettes of Milledgeville. An Act to alter and amend an Act entitled an Act to authorize the construction of a Railroad communication from the Tennessee line, near the Tennessee river, to the point o?i the southeastern bank of the Chattahoochee river most eligible for the running of Branch Roads, thence to Athens, Madison, Milledgeville, Forsyth and Columbus, and to appropriate moneys therefor ; passed on the 21s/ Dec. 1836.—Assented to Dec. 23, 1837„. Pam. 210. P Whereas, the Gen'eral Assembly of this State did, by said Act, provide by law for the survey and location of a Railroad to be con¬ structed as a State work, out of the funds of the State, from some point on the Tennessee line, commencing at or near Rossville, to a point on the southeastern bank of the Chattahoochee river; and whereas, a survey and location of said road has been made under the provisions of said Act, and it js deemed expedient that a perma¬ nent provision shall be made for the successful and vigorous com¬ pletion of the work, Road to ex- 30. Sec. I. Be it enacted, That there shall be railroads con- nessee river, structed on the route surveyed, and located under the provisions of way^is'grant- the Act herein before referred to, to the northwestern boundary of ed- this State, or to the Tennessee river, if the right of way can be pro¬ cured on terms that may be deemed reasonable by the Governor of this State, and the commissioners hereinafter named, f Threecom- 31. Sec.-II. For the general superintendence of said work, there missionera *This section repealed by Act of 1842, sec. 69. fSee several resolutions on tbis subject, among abstract of resolutions. See also Acts pf Tennessee Legislature at the end of this Article. INTERNAL TRANSPORTATION—.W. & A. R. R.—1837. 405 Duties—Returns to Governor—Terminus—Sale of scrip—Election of Commissioners. shall be elected by the present session of the Legislature three per¬ sons to Act as commissioners,* (one of whom shall be the President of the Board,) whose duty it shall be, with the advice of the Engi-Dut5'- gineer-in-chief, to procure such officers and agents, and adopt such system, rules and regulations as may be deemed best conducive to insure the immediate, vigorous and successful prosecution of such work, and tend to economical expenditure, and the establishment of a strict accountability of the officers and agents employed, which rules and regulations shall be published for the information of all concerned. 32. Sec. III. The said Commissioners shall have the same power p0Wer. and authority in procuring the right of way as the Superintendent and Engineer had under said Act. 33. Sec. IV. It shall be the duty of the President of said Board quarterly to make quarterly returns to the Governor of this State of the dis-rctums' bursements of the current quarter, accompanied by the necessary vouchers, the amount of work finished during the same period, and an accurate statement of the condition and progress of the road; which returns shall be published for the information of the people. 34. Sec. V. The said Western and Atlantic Railroad shall con- south east" tinue from the southeastern bank of the Chattahoochee river to someern tennimiS point not exceeding eight miles, as shall be most eligible for the running of branch roads thence to Athens, Madison, Milledgeville, Forsyth and Columbus, and that the same shall be surveyed and located by the Engineer-in-Chief, upon ground most suitable to an¬ swer the purposes herein expressed. 35. Sec. VI. For the purpose of procuring the necessary funds sale of stock, for the accomplishment of said work, the said Commissioners shall, conjointly with the Governor of this State, from time to time, and in such sums as*to them may seem most expedient, sell or dispose of stock to be created on the credit of the State, bearing an interest of not more than six per centum per annum, scrip for which stock shall 6 per cent, be issued and signed by the Governor and the President, for themterest- time being, of said Board of Commissioners, and the said stock shall not be redeemable in less time than thirty years after it is issued, and 3^^ in the interest thereon shall be paid from the interest on the discounted paper held by the Central Bank of this State ; Provided, that nothing shall be herein so construed to authorize the Commissioners and Not more Governor aforesaid to pledge the credit of the State for an amount oooln one" not more than five hundred thousand dollars during any one year. year- 3G. Sec. VII. The three Commissioners who shall be elected election of during the present session of the Legislature, shall hold their office era. for one year, and the election for such Board of Commissioners shall be held annually, and shall be subject to removal by the Governor Removal, for neglect of duty, and their vacancies shall be filled by the Go¬ vernor, until the ensuing session of the Legislature, and shall, before entering upon their office, take and subscribe an oath faithfully to oath, discharge the duties thereof. ♦Disbursing agent substituted by Act of 1843, sec. 62, and be replaced by Chief En¬ gineer, 6ec. 71. 406 INTERNAL TRANSRORTATION.—W & A. R. R.—1838. Northwestern TorinLfcn—Kngmeer.s—S-ile of SeaJofstate. 3^ gEC_ VIII. Th.e Secretary of State be authorized and dircetcd to afiix the seal of this State to scrip or certificates of debt of this State, issued by the provisions of this Act. Repealing 38. Sec. IX. All laws or parts of laws militating against this clause. an(^ eSpe(qaqy so niuch of the Act of December 21, 1836, as relates to the appointment and duties of a Superintendent be, and the same are hereby repealed. An Act further to amend the Act of the General Assembly of this State, for the location and construction of the Western and Atlan¬ tic Railroad of the State of Georgia, passed December list, 1836, and the Act amending the same, passed December 23d, 1837.— Assented to Dec. 29, 1838. Pam. 169. Location of 39. Sec. I. Be it enacted, That the Commissioners of the West- N W ter- minus. " ern and Atlantic Railroad of the State of Georgia, be authorized and required to make an examination of the country suitable for the north western termination of said road, and to have the route surveyed dur¬ ing the ensuing year, and thereupon to fix upon and determine the point or place for said termination, which in their opinion may he most conducive to the prosperity and advantage of the State; and unless the point so determined shall be disapproved by his Excel¬ lency the Governor, it shall be held and considered the termination of said road ; and they are hereby authorized to make any and all contracts touching the land where said road shall terminate, as they may conceive advantageous to the State. ahunneees- 40. Sec. II. The Commissioners of the Western and Atlantic dcuis'to'be Railroad, be and they are hereby required to discharge from the ser- dispensed y-ce ^ gtate^ aq ^ Engineers .whose services ai£ not absolutely necessary to the progress of the work on said road; and that they hereafter discharge said Engineers, or any part of them, as their ser¬ vices on the Western and Atlantic Railroad can be dispensed with. An Act to authorize the sale of Scrip or certificates of State debt, and to enlarge the duties of the Commissioners of the • Western and At¬ lantic Railroad of Georgia.—Assented to Dec. 29, 1838. Para. 223. $1,500,000 of 41. Sec. I. Be it enacted, That the Commissioners of the West- senp may be ern and Atlantic Railroad of the State of Georgia, with the con¬ currence of his Excellency the Governor, are authorized to sell Scrip, on certificates of State debt, to the amount of one million and a half of dollars, to make said scrip of such size, form and denomination as Proviso. they may deem most advantageous to the State : Provided, the rate of interest does not exceed six per cent, per annum, and the reim¬ bursement of the principal sum may not be required within a term of 30 (thirty) years after the date of sale.* ♦Amended by Act of 1839, sec. 55. INTERNAL TRANSPORTATION.—W. & A. R. R.—1838. 407 Disposition of proceeds—Keport—Draft 011 Central Bank. 42. Sec. II. Said scrip or certificates of State debt, shall be au- authentica- thenticated by the signature of the Governor, and of the Presidentti0n of scnp' of the Board of Commissioners, and by such seal or stamp as may be directed by an Act passed at this session of the General Assembly. 43. Sec. III. The faith of the State of Georgia, is hereby solemn- faith of ly pledged for the redemption of the entire debts, principal and in- edilte plwl2~ terest, that may be incurred by the sale of said scrip, and that for the purpose of insuring the punctual payment of the interest falling due on said scrip, the income, dividends and profits of every descrip- tion, arising from the funds, which the State holds in the Central Bank appro- Bank of Georgia, and from all other bank stock belonging to the pnated' State, are hereby set apart and vested in said Commissioners, except such as have heretofore been appropriated to Franklin College, and County Academies, and the general fund for Common Schools.* 44. Sec. IV. Said Board shall report to the General Assembly, report» during the first week of each session, a full account of the actings and doings of said Board in relation to all its fiscal transactions, the condition and progress of the road ; and also furnish estimates, plans and all other information touching that branch of the public service, which' it may be deemed proper to lay before the Legislature. 45. Sec. Y. Said Board shall apply the funds thus placed at their appropria- disposal, to the completion of the Western and Atlantic Railroad,tI0aoffund3 and such other work therewith connected as the General Assembly may direct, embracing every matter of expenditure on surveys, grades, rails, locomotives, vehicles, apparatus, concessions of way, offices and agencies, and shall make such periodical reports of its proceed¬ ings as may have been, or may hereafter be required by law : Pro¬ vided, that no rails or locomotives, shall be purchased until the road Proviso, is so far accomplished that the same are deemed necessary for the farther execution of the work. . 46. Sec. VI. The Agent or Commissioner, who shall procure funds de- the funds from the sale of said scrip, shall deposit the same in the the'c.Vank. Central Bank, subject to the order of the Commissioners, or the Pres¬ ident thereof, to be applied as herein contemplated. 47. Sec. YII. It shall -be the duty of said Board to direct the discretion of location of any part of said road which may not, at this time he un- board" der contract, to adopt and use any devices, plans and improvements in the location, structure and equipment of said work, which may in their judgment conduce most extensively to the general interests of the people of Georgia. 48. Sec. YIII. Said Board of Commissioners, should funds be draft o« c. needed, before a sale of scrip can he effected, shall have authority to Bank' draw the same by the requisition of the President from the Central Bank, or procure them elsewhere on temporary loan, as the one step or the other may soem most expedient in reference to the progress of the work or economy of expenditure, and for this purpose, said Board Hedge of are authorized to make a temporary pledge of said scrip, or certifi-SGnp" cates of State debt. 49. Sec. IX. [Every Superintendent, Commissioner, Chief Engi- •But see Act of 1843, " Academies," &c. sec. 10. 408 INTERNAL TRANSPORTATION.—W. & A. R. R.—1838. Special oath of ofiicers—Loan of funds—Authentication of scrip. special oathneer or Assistant Engineer, who now is, or may licreafterbc engag- of officers. , 50 ed in the service ot the State, shall as soon as the same can be done after the passage of this Act, and before he enters upon the discharge of his duties, take and subscribe the following oath, in addition to the oaths already required by law, to wit: Georgia, County. Personally appeared before me, who being duly sworn, de- poseth and saith that he will not directly or indirectly, during his continuance in the service of the State, (as Superintendent, Com¬ missioner, Engineer, or assistant-Engineer of the Western and At¬ lantic Railroad,) or within six months thereafter, either by himself or others or in the name of any other person or persons or partnership, purchase or attempt to purchase any lands or real estate, or stock or interest therein, within three miles of the Western and, Atlantic Rail¬ road, or within that distance of the route which is, or may be de¬ termined upon as the route of said road, or within that distance of any terminus of said road, and that he will not attempt an evasion of the true intent and meaning of this oath; before some officer duly authorized to administer the same, and which said oath so taken, subscribed and attested by the officer administering the same, shall be filed in the Executive office of this State.]* proceeds of 50. Sec. X. Should the funds set apart for the payment of in- veitedlnto terest accruing 011 any loans taken for the sale of scrip or certificates tearing fund °f State debt, be found inadequate to that purpose, his Excellency the Governor, and said Board of Commissioners, shall have power, in aid of said bank funds, to convert any part of the proceeds arising from the sale of said Scrip, into an interest-paying fund, and to place the same in the Central Bank, to be loaned out at the best interest, not exceeding eight per cent, per annum, or less when at their dis¬ cretion. An Act to provide for the authentication of State Scrip, or certificates of State debt, and to punish those who may counterfeit, or Jrauda- lentiy use the same.—Assented to Dec. 18, 1838. Pam. 225. Whereas, it is deemed expedient to use a stamp for the purpose of authenticating such scrip, or other evidences of State debt, as the General Assembly has heretofore, or may hereafter direct to be issued, instead of the old seal of the State : stamp. 51. Sec. I. Be it therefore enacted, That it shall be the duty of the Secretary of State, under the orders of the Governor for the time being, to stamp on each certificate of State debt, the issue of which has been, or may hereafter be authorized by law, a distinct and legible impression, with a die having the dimensions, form and inscriptions following, viz :—a circular face or disc, two inches and a quarter in Device. diameter, bearing the device of three Corinthian columns, emblematic of the three departments of Government, supporting an arch, beneath which is the figure of a man with a drawn sword—the arch inscrib¬ ed with the word " Constitution," and the three columns respective- * Repealed by Act of 1850, sec. 104. INTERNAL TRANSPORTATION.—W. & A. R. R._ 1838-39. 409 Stamp—Scrip to contractors—Iron. ly, with the words " Wisdom, Justice, Moderation," engraven on wreaths—the whole surrounded by the words " State of Georgia," and the Arabic figures " 1799," expressing the date of its original adoption, being a fac simile of one side of the great seal of the State, provided by law in the year which the figures designate. 52. Sec. II. Said die or seal, with the necessary apparatus, be evidence, deposited and kept in the office of the Secretary of State, and for the purpose of authenticating said scrip, or certificates of State debt, the stamp or impression made as aforesaid, shall be taken and respect¬ ed in all Courts of justice, and elsewhere, as the seal of the State. 53. Sec. III. A brass die, now in the Executive chamber, shall governor to be used for the purposes herein designated, should it be found suit- procure" able, and if not so found on trial, his Excellency the Governor is hereby authorized, to procure one of the description contained in the first section of this Act, with proper appliances for its use. 54. Sec. IY. The false and fraudulent counterfeit, or use of said counterfeit- die or seal, shall subject the offender to all the pains and penalties penalty, which are directed by the Penal or Criminal Laws of this State, to be inflicted on a person or persons who forge or counterfeit, or fraud¬ ulently use or apply the great, or any other public seal, whether the same is applied to instruments written, printed or engraved, in whole or in part. Sec. Y. Any and all laws conflicting with the provisions of this Act be, and the same are hereby repealed. An Act to amend an Act to authorize the sale of Scrip or certificates of State debt, and to enlarge the duties of the Commissioners of the Western and Atlantic Railroad of Georgia, assented to on the 29th of December, 1838 ; and also to make further provision for the completion of said Railroad.—Assented to Dec. 21, 1839. Pam. 189. 55. Sec. I. Be it enacted, That should the Commissioners of srripto con- the Western and Atlantic Railroad, deem it advisable to issiue and able at not dispose of the scrips or certificates of State debt, .authorized by the yearlhan 30 above recited Act, in payment of contractors engaged, or that may hereafter be engaged in the construction of said road, or to defray . expenses incident to said work, they shall have full power and au¬ thority to make such scrip payable at any period of time, not less than thirty years from the date of such scrip, or time of its sale and delivery :* Provided, that .not more than three hundred thousandFroviaoes- dollars thereof, shall be made payable in any one year; and provid¬ ed also, that the said scrip or certificates of State debt shall not be disposed of at a rate less than its par value. 56. Sec. II. For the purchase of iron or other material or appur- Scrip may be tenance, when the same shall become necessary for the completion ^ other materi¬ al. *By Act of 18-15, Pam. 11, the Treasurer was required to redeem this scrip out of the State funds. By same Act (page 13) the money paid as duty on iron by the State, if refunded by Congress, was appropriated to this Itoad. 52 410 INTERNAL TRANS LOR TAT ION—W. &, A. R. R — 188 0-40. — — y fc— Cot-po-i MRUTunts—ivvtru damage.;—L'omtrusiionor Lo !,c ylv-ouL of said Railroad, agreeably to the provisions of the above recited Act, it shall and may be lawful for the Commissioners aforesaid to issue and dispose of scrip or certificates of State debt, agreeably to the pro¬ visions of the above recited Act, in payment for such iron or other material or appurtenance. amVon war- 57. Sec. III. All coupon warrants attached to such scrip or cer- able at the ~ tificates of State debt as may be or have been issued under the pro- Treasury. visions 0f this ari(p the above recited Act, shall, at all times after the same shall have become payable, be received at the Treasury in pay¬ ment of taxes and other dues from individuals or bodies corporate, to Restriction, Stgjg 0f Georgia : Provided, nothing in this Act contained, shall be so construed as to authorize the Commissioners to issue any other scrip than that authorized by the Act to which this is amendatory, nor for a larger amount than the unexpended balance of the scrip au¬ thorized by that Act. An Act to authorize the Commissioners of the Western and Atlantic Railroad to pay to the owners of land sustaining injury by reason o f said road, extra damages in certain cases.—Assented to Dec. 21, 1839. Pam. 193. Extra dam- 58. gEC. I. Be it, enacted, That from and after the passage of age snail be .... ln . , , . , paid for. this Act. in all cases where there has been a previous agreement be¬ tween said Commissioners, or their agents, and the owner or owners of lands through which said road runs, as to the amount of damage done the same, by reason of said road, or where th ere has been a previous assessment of said damage, according to the provisions of the Statute in such case made, and it shall appear that said agreement or as¬ sessment was made in reference to and including only the damage to be sustained within certain definite limits, or a specific width, and since the grading of the said road, a greater amount of damages have been sustained than was estimated in said agreement or assessment, by reason of more land being required for the construction of the same than what was embraced in such specific limits or width, or by rea¬ son of the throwing out of waste dirt, &c. it shall be the duty of said Commissioners to pay to such owner or owners the amount of such Sated and extra damage, to be ascertained and estimated in the same way as is ascertained, now by law directed and pointed out for the estimation and assess¬ ment of damages done to lands by the said Railroad : Provided, that in no case of assessment of damage under this Act, shall any but the said extra damages be taken into the estimation. An Act to require the Commissioners of the Western and Atlantic Railroad, so to arrange, as at least one of them shall always bo on the road personally superintending the Engineers and Contractors, Spc.—Assented to Dec. 24, 1840. Pam. 155. 59. Sec. I. Be it enacted, That from and immediately after the passage of this Act, that of the three Commissioners of the Western INTERNAL TRANSPORTATION.—W. & A. R. R.—1841. 411 -t — Work suspended—Disbursing agent—Duties and powers. and Atlantic Railroad, one or another shall be at all times on the road, one of the personally superintending the works, and supervising the engineers er"™be pew and contractors, and all other persons employed on said road in any ent.uUy pre*~ capacity whatever. 60. Sec. II. If the Commissioners cannot agree among them- to be ,ooo the that no contract for the completion of the road shall exceed the in"' amount of three hundred and seventy-five thousand dollars, nor shall anything in this Act be construed so as to prevent payments being made in said bonds for work and materials for the completion of said road, whenever contractors may prefer the bonds to cash, one contract 88. Sec. III. His Excellency the Governor, with the concur- if possible. rence 0p tke Qhjgf Engineer be, and he is hereby authorized, should he deem the interest of the State to require it, to make a contract with any person or persons for the completion of said road and all neces¬ sary depots, provided the same can be done for the sum of three hundred and seventy-five thousand dollars, or less, payable in bonds of Terms. sajq contract to be made upon such terms and restrictions, and upon such security as the Governor shall prescribe, and to be completed by the next General Assembly, if made, on- g9. gEC- 4. if such contract be made, the Governor shall not ly one engi- . . 7 neer. appoint more than one Engineer under this Act. Sec. 5. All laws and parts of laws conflicting with this Act be, and the same are hereby repealed. An Act for the completion of the Western and Atlantic Railroad, and for providing funds for the same.—Approved December 23, 1847. Pam. 301. 90. Sec. I. Be it enacted, That it shall be the duty of the Go¬ vernor to have completed, at the earliest practicable day, the West¬ ern and Atlantic Railroad, and that he cause the same to be equip¬ ped and used to the best advantage through its entire length from Atlanta to Chattanooga. Quarterly returns. Additional Engineers. To be com¬ pleted as early as practicable. * These returns to be audited by Comptroller General; see " State Officers," sec. 61. INTERNAL TRANSPORTATION.—W. & A.R. R.—1847-50. 417 $375,000 in bond3 to be i3sued—Authentication of Bonds-—Profits of Road—Sale. 91. Se;c. II. . To raise funds for these objects, the Governor shall f^ds°to £ issue the bonds of the State of Georgia, in sums Of five hundred issued, dollars each, to the amount of three hundred and seventy-five thou¬ sand dollars. The bonds so issued shall bear an interest of six per centum per annum, payable semi-annually. The said bonds shall be divided into three classes, and the principal of the first class shall be payable five years after the date thereof, and of the second class When and fifteen years after their date, and of the third class twenty years after we.ere pay'' their date, but the two last classes of the said bonds shall be redeem¬ able by the State, at any time after the expiration of ten years from their date, and shall be so expressed. The interest and principal of the said bonds shall be made payable at [jsuch place and places as his Excellency the Governor may deem most advisable, and best calculated to promote the objects of this Act. 92. Sec. III. It shall be the duty of the Governor to sign andtobedi* dispose of the- said bonds at the time and in the manner best adapt- bL'f ed to accomplish the completion of the road ; Prodded, that said bonds shall not be negotiated for less than their par value, or paid than par. out for work, materials, cars, engines, or for any other necessary equipment of the road of any kind or description whatever. 93. Sec. IY. The bonds herein authorized shall be authenticat- Auuientica ed by the signature of the Governor and that of the Secretary oftlon' State, and stamped with the seal of the State, as provided by the Act of the 18th December, 1838. 94. Sec. Y. The proceeds of said road, after deducting the expense profits of of repairs, running said road, and keeping up the necessary equipments deposed "of. and all other expenditures necessary to its proper management, and af¬ ter the payment annually of all interest on debts heretofore contracted by authority of the General Assembly and which constitute liens upon the said road and its income, shall be paid into the treasury of the State by the Chief Engineer, and be applied to the payment of the in¬ terest due on the bonds authorized by this Act, and the surplus of said receipts shall form a sinking fund for the redemption of the bonds heretofore issued and which form a 'lien upon the said road, and of the bonds to be issued by authority of this Act, at their maturity. An Act to repeal an Act passed on the 22d day of Dec. 1843, authorizing the Governor of the State of Georgia, to sell the Western and At¬ lantic Railroad for a sum not less than one million of dollars.— Approved Feb. 23, 1850. Pam. 392. 95. Beit enacted, That from and after the passage of this Act, Road not to that so much of the Act of 1843 as authorizes the Governor to sell 6S°" ' said railroad be, and the same is hereby repealed. An Act to authorize and direct the Chief Engineer of the Western and Atlantic Railroad, to have a■ turnout made on the State road, in. Cass County, near Etowah river, at such place as Messrs. S:o- 41S INTERNAL TRANSPORTATION—W. & A. R. R.—1850. Treasurers' and other agents' bond—Embezzlement—Stock killed. vail 6j" Lot her shall designate:, upon certain conditions therein named. Approved Feb. 11, 1850, Pam. 392. Messr°uJto°r Be it enacted, That the Chief Engineer of the West- vaii and Lo-ern and Atlantic Railroad be authorized and directed to have con- tlier' structed a turnout on the Western and Atlantic Railroad in the County of Cass, at such place near the Etowah river as Messrs. Stc- vall and Lother shall designate ; Provided, the said Stovall and Lo- ther shall pay all expenses incurred in making said turnout, and load all cars loaded at said turnout by them at their own expense, and take receipts for the freight from the agent at the next depot below said turnout. An Act to provide for the collection and safe Jeceping of the revenues of the Western and Atlantic Railroad, to punish those who may attempt to defraud the same, and for other purposes therein contain¬ ed.—Approved Feb. 23, 1850. Pam. 393. Treasurer's 97. Sec. I. Be it enacted, That from and. after the passage of Bt>nd' this Act, the Treasurer of the Western and Atlantic Railroad shall . give a bond with good and sufficient security, payable to the Gover¬ nor of this State and his successors in office, in a sum of not less than twenty or more than fifty thousand dollars for all moneys which may come to his hands, to be approved by the Governor. And all oth- 98. Sec. II. Each and every person connected with the West- controi 'of em and Atlantic Railroad, whose business and employment require money. ^ collection and disbursement of money, or into whose hands mon¬ ey may come, shall give bond with good and sufficient security, pay¬ able to the Governor and his successors in office, in such sum as he and the Chief Engineer may by order from time to time specify and direct. embezzle- 99. Sec. III. Any officer or other agent of the said road into aient" whose hands may come any money belonging to the State, derived from the business or operations of said road, who shall fail or re¬ fuse on the written demand of the Chief Engineer to pay over or otherwise faithfully account for the same, shall be held and deemed ■uiictment. as guilty of embezzlement, and liable to indictment in the Superior Court, and on conviction thereof, shall be sentenced to hard labor in the Penitentiary for a term of not less than two or more than seven years. sefeng^ 100. Sec. XY. All moneys paid out by the Treasurer of the Western and Atlantic Railroad, shall be upon the warrant of the Chief Engineer. ' of En- 101. Sec. Y. It shall be the duty of each and every locomotive En- ruilner gmeer employed on said road, before entering rypon his duty, to take and subscribe the following oath: I, A B, do solemnly swear (or af¬ firm as the case may be) that I will make and return to the office of Chief Engineer a true appraisement of the value of every horse, cow, hog, or other domestic animal killed by engine or train, so far as I may know, so help me God : which oath or affirmation shall he filed INTERNAL TRANSPORTATION—W. & A. R. R.—1850. 419 Sale of right of way—By-laws—Sale of land—Resolutions. in the office of the Chief Engineer, who shall cause payment there- Payment f< r for to be made to the owner upon his application; and in case thes OL 1 e ' owner is dissatisfied with the said appraised value, it shall be his du¬ ty to appoint one appraiser and the Chief Engineer another, who to¬ gether with said the locomotive Engineer, shall finally settle the sum to be paid for the stock so killed.. 102. Sec. YI. The Governor shall not sell at any time any part gov. shaii of the right of way heretofore acquired by the State, nor any proper-notseniand' ty or land that may be necessary now, or at any other time, for the erection of depots, wood yards, or water stations, or for any other improvement necessary or convenient to said road.* 103. Sec: VII. The Governor and Chief Engineer be and they Rules made are hereby authorized and empowered to adopt such rules and regu- rhi^Eug^ lations for the government and management of said road, as theyneer- may deem conducive to the public interest, not inconsistent with the Constitution and Laws of this State, which shall be recorded, from time to time, as they, are adopted, in one or more order bdoks to be kept for that purpose. 104. Sec. VIII. The ninth section of an Act assented to the restriction 29th December, 1838, entitled " an Act to authorize the sale of scrip ^e^rel or certificates of State debt, and to enlarge the duties of the Com-pealed- missioners of the Western and Atlantic Railroad of Georgia," be and the same is hereby repealed. Sec. IX. All laws and parts of laws militating against this Act be and the same are hereby repealed. An Act to authorize his Excellency the - Governor to dispose of certain lands belonging to the State of Georgia.—Approved Feb. 8. 1850. Pam. 297. 105. Sec. I. That the Governor be authorized to dispose of gov. may such lands lying on the line of the Tyestern aild Atlantic Railroad, iS!6 0 as he may deem expedient, by public sale.f 106. Sec. II. The moneys arising from tfie sale of the lands Proceeds ap- aforesaid, may be applied to any of the purposes of the Western and At- western & lantic Railroad, or placed'in the State Treasury,, to be used in defray- R^oad, ing the expenses of the State Government, whichever may be deemed most .expedient. Sec. III. All laws and parts of laws militating.against this Act bo and the same are hereby repealed. 107. Renal u* lotis.—Directing the Governor to ascertain on what terms the road can ho o ..to idcd to the Tennessee river, in the Stale oi' Tennessee. 1336, Pam. 3 oi Rcso- lut'ollH. It • j[nesting the Governor to lispuloh a special agent to negotiate, in behalf of this Still ', with tiie Legislature of T ■ uussce, for the purpose of authorizing the extension of the road to the Tennessee river. 1837. Pam. 270. ()d r ng to secure similar privileges to anyroad in Tennessee, seeking to connect with r l and Atluitie Railroad, in Ge >rgia, Rr>\d ltd, the State of Tennessee 0ru as tne pri.x i Te of extending that run! to the Teuneaeo river. 1837, Pam. 27i. #See sec. 105. fSee sec. 102. 420 INTERNAL TRANSPORTATION—W. & A. R. R. Resolutions—Acts of the State of Tennessee. Approving of the Iliwassee Railroad's connection with the State Road, and directing an experimental survey, by Red Clay, to the Tennessee river, and a change of location, if practicable. 1838. Pam. 281, 2, 3, & Requiring Commissioners to locate, permanently, the terminus on the Tennessee river. Also to inquire into and dismiss from service any Engineer or assistant, who is directly or indirectly concerned in the purchase of land at any proposed terminus, and especial¬ ly at or near the mouth of Chickamauga creek. 1838. Pam. 268. Requiring the Commissioners to open a public highway, so as to prevent its crossing the Railroad only at necessary points. 1839. Pam. 227. Requiring the Directors of the Central Bank to pay certain scrip, issued by the Com¬ missioners, and all certificates for right of way. 1810. Pam. 195; Requiring the Commissioners to make out '• a full and fair'return of all their actings and doings," and deposite the same in the Executive office by 1st October, 1813, which return the Governor is requested to publish. 1812. Pam. 209. Requiring the Governor to appoint some fit person, to receive from "Wilson Lumplun, disbursing agent, " the books, vouchers, scrip, and all other papers, funds and effects)," connected with the Road, in his hands or under his control, which person shall proceed to post up the books, arrange the vouchers, and adjust the accounts and make out a schedule of the same, to be recorded in the Comptroller General's offiqe and the Execu¬ tive office. 1812. Pam. 187. Appointing a Committee to settle with the Commissioners. 1843. Pam. 192. Report of Committee—declaring their want of time to enter on so complicated a business, and Resolution referring the same to the Comptroller General, to investigate and report to the Governor. 1813. Pam. 196—'7. Requesting our Senators and Representatives to have the duty on Railroad Iron, used on the State Road, refunded. 1815. Pam 203-4. Instructing the Chief Engineer, before he locates thte terminus of the Road, to ascer¬ tain from the manuscript record of the Act of the State of Tennessee, granting the right of way, whether it does not grant also live acres for a depot. 1817. Pam. 309. Allowing an action to be brought against Chief Engineer, in Walker County, by Cahlw ell & Dickson, i860. Pam. 399. Officers to insist on a day schedule. 1850. Pam. 100. Resolution of 1838 prohibiting Engineers from purchasing real estate within three miles of the Road—rescinded, 1850. Pam. 102. . Authorizing Chief Engineer to purchase Ransom, a negro man slave. 1850. Pam. 416, JJote.—Eor the information of the citizens of the State, and more particularly the legislators, the compiler inserts the Acts of the State of Tennessee, conferring privileges oil the Western and Atlantic Railroad. An Act to uthorize foe State of Georgia to extend her Western and Atlantic Bail- road from the Georgia line to some point on the eastern qiargin of the Tennessee River. Sec. I. Be it enacted by the General Assembly of the State of Tennessee, That the State of Georgia shall be allowed the privilege of making every necessary recogni¬ sance and survey for the purpose of ascertaining the most eligible route for the exten¬ sion of her Western and Atlantic Railroad from the Georgia line to some point on the eastern margin of the Tennessee river, Sec. II. And be it further enacted, That as soon as said route and point shall he ascertained, the State of Georgia shall be allowed the right of way for the extension und construction of her said Railroad, from the Georgia line to the Tennessee river, and that she shall be entitled to all privileges, rights and immunities, (except the subscription on the part of Tennessee,) and be subject to the same restrictions, as far as they arc ap¬ plicable, as are granted, made and prescribed for the benclit, government and direction of the Hiwassee Railroad Company, Sec. III. And be it furtut r enacted, That the foregoing rights and privileges are conferred upon the State of Georgia, on condition, that a-henever application is mudi, she v. ill grant and concede similar ones, and to as great an extent, to the State of Ten¬ nessee, or her incorp orated companies. (Signed) JoIIN CUCKE, Speaker of the House of Representatives. (Signed) '1ERRY II. CAHAL, Speaker of the Senate. Passed January 21th, 1833. T" i St ite Library dies : cut .in t' e .hauler of the II.w sc. Railroad Ccrnpn • T i< i.e A'L of 13IS. INTERNAL TRANSPORTATION.—W. & A. R. R. 421 Acts of the State of Tennessee. An Act giving further time for the completion of the Western and Atlantic Railroad of Georgia to the Tennessee river. Be it enacted by General Assembly of the State of Tennessee, That the further time of two years, from the first day of January next, he given to the State of Georgia, to complete the Western and Atlantic Railroad of that State, to Chattanooga, on the Ten¬ nessee river, (Signed) ,, F. BUCHANAN, Speaker of the House of Representatives. (Signed) J. M. ANDERSON," Speaker of the Senate. Passed October 18, 1817. . An Act conferring upon the State of Georgia, additional rights, in relation to" the Western and Atlantic Railroad. Be it enacted by the General Assembly of the State of Tennessee, That all the rights, privileges and immunities, with the same restrictions which are given and granted to the Nashville and Chattanooga Railroad Company, by the Act of the General Assembly of this State, incorporating said Company, passed December 11th, 1845, are, so far as they are applicable, hereby given to and conferred upon the State of Georgia, to be en- joved and exercised by that State in the construction of that part of the Western and Atlantic Railroad, lying in Hamilton County, Tennessee, and in the management of its business. (Signed) F. BUCHANAN, Speaker of the House of Representatives. (Signed) J. M. ANDERSON, Speaker of the Senate. Passed February 3, 1848. The following sections of the Act incorporating the Nashville and Chattanooga Rail¬ road Company, are the only ones that could be considered applicable to the State of Georgia, under the Act of 3d February, 1848, in reference to the Western and Atlantic Railroad. Sec. 21. The said Company may purchase, have and hold in fee, or for a term of years, any lands, tenements or hereditaments which may be necessary for said road or appurtenances thereof, or for the erection of depositories, store-houses, houses for the officers, servants or agents of the Company, or for work shops or foundries to be used for the said Company, or for procuring timber, stones or other materials necessary for the construction of the road or its appurtenances, or for effecting transportation thereon. Sec. 22. The said Company shall have the right, when'necessarv, to construct the said road, or any branch thereof, across or along any public road or water course ; pro¬ vided that the said road, and the navigation of such water course shall not be thereby obstructed; and provided further that such Railroad shall not be located so near any turnpike road as to injure or prejudice the interests of the stockholders in. such turn¬ pike road, except upon such terms as may be agreed upon by the president and direct¬ ors of the same on behalf of the stockholders. Sec. 24. Where any lands or right of way may be required by the said Company for the purpose of constructing their road, and for want of agreement as to the value thereof, or from any other cause, the same cannot be purchased from the owner or own¬ ers, the same may be taken at a valuation to be made by five commissioners or a majori¬ ty of them, to be appointed by the Circuit Court of the County where some part of the land or right of way is situated, and the said commissioners, before they act, shall seve¬ rally take an oath before some Justice of the Peace, faithfully and impartially to dis¬ charge the duty assigned them. In making the said valuation, the commissioners shall take into consideration the loss or damage which may occur to the owner or owners in consequence of the land being taken or the right of way surrendered, and also the ben¬ efit and advantage he, she or they may receive from the erection or establishment of the railroad or works, and shall state particularly the nature and amount of each, and the excess of loss and over and above the benefit and advantage shall form the measure of valuation of the said land or right of way. The proceedings of the said commissioners, accompanied with a full description of the said land or right of way, shall be returned, under the hands and seals of a majority of the commissioners, to the Court from which the commission issued, there to remain of record. In case either party to the proceedings shall appeal from the valuation to the next session of the Court granting the commission, and give reasonable notice to the 422 INTERNAL TRANSPORTATION.—'W. & A. R. R. Acts of the State of To.me see. opposite party of such appeal, the Court shall order a row valuation to he made by a Jury "who dudihe charged therewith in the same term, or as soon as practical le, and their ut- dict shall he final and conclusive between the "parties, unless a new triid shall 1 e grantcl; and the lands or right of way, so valued by the commissioners or Jury, shall vest in the said Company in fee simple, so soon as the valuation may he paid, or when refused, may he ten¬ dered. Where there may he an appeal, as aforesaid, from the valuation of commissioners by either of the parties, the same shall not prevent the works intending-to he eonstrui ted from proceeding ; but where the appeal is by the Company requiring the surrender, they shall be at liberty to proceed in their works only on condition of giving to the op¬ posite party «, bond, with good security, to be approved of by the Clerk of the Court, where the valuation is returned, ha a penalty equal to double the said valuation, con¬ ditioned for the payment of said valuation and interest, in case the same be sustained; and in case it be reversed, for the payment of the valuation thereafter to be made by the Jury and confirmed by the Court: Provided, that when the land cannot he had by gift or purchase, the operations of the work ,are not to he hindered or delayed during the pendency of any proceeding to assess its value as aforesaid, nor shall any injunction or supersedeas he awarded by'any Judge or Court to delay the progress of said work. Sec. 25. In the absence of any contract -with the said Company in relation to lands through which the said road may pass, signed by the owner thereof, or by his agent, or any claimant or person in possession thereof, which may he confirmed by the owner, it shall be presumed that the land upon which the said road may be constructed, together with a space of one hundred feet on each side of the tentre of said road, has been grant¬ ed to the Company, by the owner thereof, and the said Company shall have good right and title thereto, and shall have, hold and enjoy the same as long as the same be used only for the purposes of the road, and no longer,-unless the person or persons owning the said land at the time that part of the road, which may be on said land, was finished, or those claiming under him, her or them, shall apply for an assessment for the vahicnf the said lands, as hereinbefore directed, within five years next after that part of aid road was finished. And in case the said owner or owners, or those claiming under loin, her or them, shall not apply for such asresaireut w'thin fire years next after the • id part was finished, he, she or they shall be forever barred from recovering the said laud, or having any assessment or compensation therefor; Provided, nothing herein conh.a- ed shall affect the right of femes covert or infants until two years after the removal of their disabilities. Sec. 28. If any person shall intrude upon the said railroad, or any part there if, by any manner of use thereof, or of the rights and privileges connected therewith, without the permission, or contrary to the will of said Company, he, she, or they shall forth villi forfeit to the said Company all the vehicles that may be so intruded on said road, and the same may he recovered l>y suit at law; and the person or persons, so intruding w, y also be indicted for misdemeanor, and upon conviction, fined and imprisoned bj •■ny Court of competent jurisdiction. Sec. 27, ' If any person shall wilfully and maliciously destroy or in any manner hurt, damage or obstruct the said railroad, or any bridge, or any vehicle used for, or in die transportation thereon, such person or persons so offending shall be liable to be indi h d therefor, and on conviction'shall he imprisoned not more than six nor less than one month, and pay a fine not less than twenty dollars ; and shall he further liable 11 j iy all the expenses of repairing the same ; and it shall not he competent for any per.^m so offending against the provisions of this clause to defend himself, by pleading of ghing in evidence, that he .was the owner, or agent,, or servant of the owner of the land , hue sueli destruction, hurt, damage, injury or obstruction was done or caused, at the t me the same was caused or done. Seos. 28, 29, 30, 31, 32, 33, 34. Not applicable. Sec. 35. The president, directors, clerks, agents, officers and servants of said Com¬ pany shall he exempt from military duty, except in cases of invasion or insurrection, and shall also he exempt from serving on Juries and working on public roads. Secs. 38 and 37. Not applicable. Sec. 38. The capital stock of said Company shall he forever exempt from t.i i.'mui, and the road with all its fixtures and appurtenances, including workshops, van \o i~es and vehicles of transportation, shall he exempt from taxation for the \ eriod oi tvu.y years from the completion of the road, and no longer. INTERNAL TRANSPORTATION*—Private R. R. Co. 423 Central H. 11. & B'kg. Co.—Geo. R. R. & 13'kg, Co.—Macon & West.—Brunswick, &c. &c. 103. PRIVATE RAILROAD COMPANIES. Central Railroad and Banking Company. Incorporated, December 20, 1833. Pam. 246, (Prince, 300.) Amended and name changed, 1835, Pam. 217, (Prince, 326.) Amend¬ ed, 1836, Pam. 197, (Prince, 358.) Amended, 1839, Pam. 192; 1841, Pam. 174; 1843, Pam. 138; 1845, Pam/162. Junction at Macon authorized, 1847, Pam. 165; 1850, Pam. 244, 249. Georgia' Railroad and Banking Company. Incorporated, Dec. 21st, 1833, Pam. 256, (Prince, 304.) Amend¬ ed, 1834, Pam. 218, (Prince) 310.) Name changed and banking privileges granted, 1835, Pam. 180, (Prince 311.) Amended, 1835, Pam. 199, (Prince 314.) Amended 1836, Pam. 197, (Prince 358.) Middle Branch Railroad, 1836, Pam. 198, (Prince, 368.) Amended, 1838, Pam. 203, (Prince, 374.) 1837, Pam. 212; 1840, Pam. 25; 1841, Pam. 175; 1843, Pam. 21; 1850, Pam. 239. Monroe Railroad and Banking Company-—now Macon and Western Railroad Company/ Incorporated, 1833, Pam. 238, (Prince, 314.) Amended, 1835, Pam. 200, (Prince, 345.) Amended, 1836, Pam. 200, (Prince, 369,) 1837, Pam. 200 ; 1838, Pam. 191; 1839, Pam. 30. Name chang¬ ed and charter amended, 1845, Pam. 150. Macon and Western Railroad, incorporated, 1847, Pam. 181. Junction at Macon, 1847, Pam. 165; 1850, Pam. 249; 3d section repealed, 1850, Pam. 244. Brunswick Canal and Railroad Company. Incorporated, 1834, Pam. 213, (Prince, 318.) Stock increased, 1836, Pam. 219, (Prince 358,). Amended, 1837, Pam. 203; 1838, Pam. 200. Spalding's Ocmnlgee and, Flint River Railway. Incorporated, 1827, Vol. IV. 293, (Prince, 324.) Amended, 1834, Pam. 219, (Prince, 325.) Amended, 1835. Pam. 216, (Prince, 344.) 1839, Pam. 193; 1840, Pam. 154; 1842, Pam. 142. Amended, 1850, Pain. 238. Gieat Western Railroad Company. Incorporated, 1835, Pam. 209, (Prince, 334.) Amended, 1835. (Prince, 344,) Pam. 216. Brunswick and Florida Railroad Company. Incorporated, 1835, Pam. 187, (Prince 338.) Amended, 1835, Pam. 216, (Prince, 344.) Amended, 1836, Pam. 182, (Prince, 358,) 1838, Pam. 197; 1847, Pam. 184. (1.) See 1 Kelly, 435. 3 lb. 333, 371. 4 Ga. 323. 7 lb. 221. 424 INTERNAL TRANSPORTATION.—Private R. R. Co. Chattahoochee—Western R. R. Co.—Flint & Chattahoochee R. R. &c. &c. Chattahoochee Railroad Company. Incorporated, 1835, Pam. 193, (Prince, 341.) Amended, 183Q, Pam. 183, (Prince, 359.) 1838, Pam. 198. Western Railroad Company. Incorporated, 1835, Pam. 202, (Prince, 346.) Flint and Chattahoochee Railroad Company. Incorporated, 1836, Pam. 195, (Prince, 367.) St. Mary's and Columbus Railroad. Incorporated, 1836, Pam. 209, (Prince, 375.) Memphis Branch Railroad and Steamboat Company; (now) Rome Railroad Company. Incorporated, 1839, Pam. 105. Amended, 1845, Pam. 145 : 1847, Pam. 170. Amended and name changed, 1850, Pam. 243. Hiw assee Railroad and Nashville and Chattanooga Railroad. Authorized to construct their roads to connect with Western and Atlantic Railroad in this State ; 1847, Pam. 171. Cross Plains and Red Clay Branch Railroad. Incorporated, 1840, Pam. 87. Amended, 1849, Pam, 241. Montgomery Railroad Company. Incorporated, 1837, Pam. 201. Milledgeville and Chattahoochee Canal and Railroad Company. Incorporated, 1837, Pam. 204. Blue Ridge Railroad and Canal Company. Incorporated, 1837, Pam. 193. Milledgeville Railroad Company. Incorporated, 26th Dec. 1837, Pam. 214. Amended, 1842, Pam. 141. Revived and amended, 1847, Pam. 175; 1850, Pam. 253. Louisville Railroad Company, Incorporated, 1838, Pam. 170. Talbotton Railroad Company. Incorporated, 1839, Pam. 181. Washington Railroad and Banking Company. Incorporated, 1839, Pam. 192. Augusta and Waynesboro' Railroad Company. Incorporated, 1838, Pam. 174. Amended, 1839, Pam. 89; 1840, Pam. 153 ; 1847, Pam. 164. Amended, 1850, Pam. 247. INTERNAL TRANSPORTATIO.N—Private R. R. Co. 425 Eatonton R. It. Co—"Washington R. R. Co.—Farmers' R. R. Co. &c. &c. Eatonton Railroad Company. Incorporated, 1839, Pam. 191. Bellville and Altamaha Canal, Railway and River Navigation Com¬ pany. Incorporated, 1839, Pam. 97. Thomasfon and Rarnesvillc Railroad Company. Incorporated, 1839, Pam. 100. Revived, 1847, Pam. 188. Milledgeville Turnpike and Railroad Company, now Milledgeville and Gordon Railroad Company. Incorporated, 1840, Pam. L05. Amended, 1847, Pam. 176 ; State subscription, 1850, Pam. 176. Southwestern Railroad Company, and Columbus and Southeastern Railroad Company. Incorporated, 1845, Pam. 132. Amended, 1847, Pam. 184. Amend¬ ed, 1850, Pam. 243. Muscogee Railroad Company. Incorporated, 1845, Pam. 116. Amended, 1847, Pam. 166, 183. Amended, 1850, Pam. 237, 245. Washington Railroad Company. Incorporated, 1847, Pam. 144. Farmers' Railroad Company. Incorporated, 1847, Pam. 188. Elbert Railroad Company. Incorporated, 1847, Pam. 150. Etowah Railroad Company. Incorporated, 1847, Pam. 185. Atlanta and La Grange Railroad Company. Incorporated, 1847, Pam. 178. Amended, 1850, Pam. 238. Ocmulgee Railroad Company. Incorporated, 1847, Pam. 167. Amended, 1850, Pam. 237. Gainesville Railroad Company. Incorporated, 1847, Pam. 158. Clarkesville and Athens Railroad Company. Incorporated, 1847, Pam. 152. Madison and Macon Railroad Company. Incorporated, 1847, Pam. 173. 54 426 INTERNAL TRANSPORTATION.—P. & 0. Co.—1841. Lion to Captain, i'ilot, &c. for work and provisions. Savannah and Albany Railroad Company. Incorporated, 1S47, Pain. 190; authorized to use a plank road, 1350, Pam. 236. The Eaionton Branch Railroad. Incorporated, 1850, Pam. 240. The Houston Branch Railroad Company. Incorporated, 1850,, Pam. 241. The Alabama and Georgia Railroad Company. Privileges granted, 1850, Pam. 245. The Talbotton Branch Railroad Company. Incorporated, 1850, Pam. 251. AST. II. STEAMBOAT AND CANAL COMPANIES. 1. Gknehal Laws. 2. Pkivate CoMi'anir.s. 1. GENERAL LAWS. Sec. 109. Lien on Boats. | Sec. 113. Extended to Savannah. " 110. Mode of enforcing. | " lid. Steam Saw-mills. • " 111. Defence—Appeal. I " 115. Mill-weights—Gold machines. " 112. Rivers included. | " 110. Elint river. An Act to give to all persons employed on Steamboats and other water crafts on the Chattahoochee, Altamaha and Ocnvnlgce rivers alien on said Steamboats or water craft, for his, her or their wages, and for wood, and provisions furnished, and to point out and facilitate the mode of the collection o f the same.—Assented to Dec. 7,1841. Pam. 167.1 Lien t° cap- 109- Sue. I. Be it enacted, That from and immediately after &cn'onll0t' Passage °f this Act, all persons employed either as captain, pilot, steamboats, engineer, first or second mate, fireman, deck-hand, or in any other rivers- capacity whatsoever, on all steamboats and other water craft engaged in the. navigation of the Chattachoochee, Altamaha and Ocmulgee rivers,* for any debt, dues, wages or demands, that he, she or they may and shall have against the owner or owners of said steamboat or other water craft for personal services done, rendered or performed on board the same, and for wood and provisions, [shall have] an exclusive lien2 on said steamboat, or other water craft, against the owner or owners thereof, superior in dignity to and of higher claim than all other incumbrances, no matter of what nature or sort *Extendedto Savannali and Flint rivers, sees. 113, 116. Amended and extended to all liens on personal property, by Act of 1847, see "Judiciary," Art. "Lien," sec. 328. [1.] This Act and the amendatory Act of 184-5 are constitutional and valid. 5 Ga. 195". [2.] Taking a promissory note is not a waiver of the lien. 6 Ga. 168. INTERNAL TRANSPORTATION.—S. & C. Co —18-11. 427 Lien of 'certain debtors-—Mode of enforcing it. the same may be ; Provided, he she or they shall demand and prose- cute the collection of the same as hereinafter to be provided for, at1"^^- any time within twelve months after ^he same shall become due and payable.1 110. Sec. II. Whenever any captain, pilot, engineer, first or mode of second mate, fireman, deckhand, or any other person employed onproccdure* any steamboat or other water craft navigating and running on the Chattahoochee river, shall have any claim or demands against the owner or owners of said steamboat or water craft for services ren¬ dered on board the same, and shall be desirous of collecting the same, Application upon the said debt becoming due, and refusal to pay the same upon demand made, he she or they*, may, upon application to any Judge of the Superior Court or Justice of the Inferior Court in any County in which said steamboat or water craft may then lie, upon the same arriving at the landing, port or place of destination to which the same has been freighted, make affidavit before2 him of the amount Affidavit, due him, her or them for any labor or services by him, her or them done and performed on board of any steamboat or other water craft, and specify the name thereof; whereupon the said Judge or Justice order, of the Inferior Court shall grant an order to the Clerks of their re¬ spective Courts, as the case may be, requiring said Clerk to enter up judgment3 upon said affidavit in favor of said applicant for the amount sworn to be due ;f and it shall be the duty of said Clerk to issue instanter an execution therefor against the owner or owners of said Execution, steamboat or other water craft, and also against said steamboat or other water craft, to be directed to the Sheriff of said County, whose duty it shall be forthwith to levy said execution upon said steam-Levy and boat or other water craft, and advertise and sell the same, under the" same rules and regulations as govern Sheriffs' sales in other cases ; Provided, the said demand shall exceed the sum of thirty dollars. Mode of pre- And when said sum shall be for thirty dollars or under, then and in whenundcr that case the application shall be made to one of the Justices of the ^30' Peace in the district in which said steamboat or other water craft may then be as aforesaid, the same being at the landing, port or place to which the same was last freighted • and the said Justice of the Peace, upon the filing of the said affidavit, shall issue execution thereon instanter for the amount sworn to be due against said steam¬ boat-or other water craft and the owner or owners thereof, and de¬ liver the same to any lawful Constable of the district aforesaid, whose duty it shall be forthwith to levy said execution on said steamboat or other water craft, and return- the same to the Sheriff of the County *If a negro or free person of color, see Act of 1845, see. 116. fAnd costs, see Act of 18-17, " Judiciary," Art. " Lien," sec. 330. [i.j The affidavit should aver a demand on the owner or agent personally, should name them, and aver a refusal to pay. 6 Ga. 160. a demand on said owners previously named sufficient. 7 Ga. 56. [2.] The affidavit should show all facts necessary to show the case to be within the pro¬ visions of the Act. A convenient form suggested, 1 Kelly, 317. 6 Ga. 159. 7 lb. 56. The affidavit cannot be amended after judgment by substituting an entirely new one. 6 lb. 160. . |3.] The judgment should be against the owners as well as the boat. 6 Ga. 160. 428 INTERNAL TRANSPORTATION.—S. & C. Co.—1841. Mode of defence—Lien on Savannah and Flint Rivers, in which the same may be, whose duty it shall be to advertise and sell as in other cases. defence. Ill, Sec. III. Whenever tiny owner or other person having control of any steamboat or other water craft against which any proceedings may be had under the foregoing provisions of this Act, and may be desirous of contesting said claim or demand, on the ground that the same or some part thereof is not due and owing, Affidavit. }ie, she, or they shall file his, her or their aflidavit, denying that the whole or some part thereof was due, at the time the applicant filds his affidavit, as provided for in the second section of this Act; but rayment of when only a part is denied on oath, the amount admitted to be due fitted1 to be shall be paid before the officer levying said execution shall deliver due" up the property levied on as hereinafter specified, and that after the Bond. filing of the affidavit as above required in this section, and giving bond and good security residing in the County where such proceedings may be had, to the plaintiffs, in double the amount claimed, conditioned for the [payment of the] eventual condemnation money, and all costs Replevy, incurred thereon ; and whenever said affidavit gnd bond shall be filed as aforesaid, the levying officer shall deliver up the property levied on, and return the affidavit and bond to the next Court in said Coun¬ ty to which said execution may have been returnable, upon which issue. an issue shall be made up and formed, and the truth of the same shall be tried by a Jury of said Courts respectively at the first term of said Court, unless good cause be shown for a continuance ; but the same Appeal. shall be continued only for one term by each party ; and from the verdict rendered in such case either party shall have the power or privilege to enter an appeal. Extended to 112. Sec. IY. .All the provisions of this Act shall apply to all andaocmui- steamboats and water crafts navigating the Altamaha and Ocmulgee gee rivers. riVer, and that all persons who furnish wood and provisions to said steamboats or other water craft shall have the same remedies as is hereinbefore provided. Sec. Y. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to amend an Act entitled an Act to give to all persons em¬ ployed on steamboats, and other water crafts, on the Chattahoo¬ chee, Altamaha and Ocmulgee rivers, a, lien on said steamboats or water crafts, for his, her or their wages, and jor wood and provisions furnished, and to point out and facilitate the mode of the collection of the same, assented to December 11th, 1841, so as to include Savannah river within the yrovisions of the same, and for other purposes.—Assented to December, 27, 1842. Pam. 122. Extended to 113. Sec. I. Be it enacted, That from and after the passage of rivM.nndh this Act, the above recited Act be, and tire same shall be so amend¬ ed as to include the Savannah river within the provisions of the above recited Act. 114. Sec. II. All the provisions of this Act, of which this Act is INTERNAL TRANSPORTATION.—S. & C. Co.—1842-'45. 429 Lien on steam saw mills—For services of negro or free person of color. an amendment, shall apply to all steam saw mills, at or near any of ®f®t"dend t0 the water courses in this State, in behalf of all and every person or saw miiis, persons who may be employed by the owner or owners, agents or superintendents, for services rendered, or for timber or fire wood of any description, provision's or supplies delivered to any such steam saw mill; and that the same course shall be pursued for the recovery of any such claim or claims, as is stated in section second or third, Of the Act of which the present Act is an amendment: Provided, the demand for such claim be first made to the owner or owners, agents or any person having control of any steam saw mill, against which any proceedings may be had under the provisions of the said Act. 115. Sue. III. All mill-[wjrignts, and builders of gold machines, and miii- in this State, shall be entitled to the same lien, and shall enforce Sunders' ofd said lien in the same way as is provided by this Act and the one to ^!ne"!a~ which it is amendatory. Sec. IV. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to amend an Act passed in eighteen hundred a#id forty-one, to give to all persons employed on steamboats and other crafts on the C h&ttahoochee, Altamaha and Ocmulgee rivers, a lien on said steamboats or water crafts, for his, her, or their wages, and jor wood and provisions furnished, and to point out and facilitate the mode of the collection of the same, so far as to extend the provisions of the same, and to include Flint river therein.— Approved Dec. 26, 1845. Pam. 152. 116. Sec. I. Be it enacted, That from and immediately after the Extended to passing of this Act, that all the provisions of the above recited Act 1'lmtnver* be, and the same are hereby extended to all persons employed on steamboats and other water crafts on Flint river. And whereas, it frequently happens that persons employed on said steamboats and other water crafts on said Chattahoochee, Altamaha, Ocmulgee and Flint rivers, are negroes and free persons of color ; Be it therefore Jurther enacted, that whenever any negro being a slave, or free per- For services son of color, shall be employed as pilot, engineer, first or second master and mate, fireman, deck hand, or in any other capacity whatsoever, ^ent,&c. to on all steamboats auc[ other water crafts engaged in the navigation same reme- of said rivers, to wit, the Chattahoochee, Altamaha, Ocmulgee, and Flint rivers, that then in all such cases, the owner, master, agent, at¬ torney at law or attorney in fact, of said negro slave or free person of color, shall have the like remedies for wages or demands which he, she or they may and shall have against the owner or owners of said steamboats or other water crafts, for the services of said negro slaves or free persons of color, as are given to ail other persons whose em¬ ployments are recited in said Act. Sec. II. [Repealing clause.] 430 INTERNAL TRANSPORTATION—S. & 0. Co. Private Companies. 117. II. CANAL AND STEAMBOAT COMPANIES. The Steamboat Company of Georgia. Incorporated, 1817. Vol. III. 510, (Prince, 296.) Amended, 1833. Pam. 252, (Prince 297.) Extended, 1834. Pam. 134. (Prince, 299.) The Atlantic and New Orleans Seaboard Line Company. Incorporated, 1834, Pam. 135, (Prince, 398.) The Iron Steamboat Company. Incorporated, 1835. Pam. 271, (Prince, 350.) The Macon Steamboat Company. Incorporated, 1835. Pam. 276, (Prince, 353.), The Ocmulgee Steamboat Company. Incorporated, 1835. Pam. 278, (Prince, 354.) The Chattahoochee Steamboat Company. Incorporated, 1836. Pam. 254, (Prince, 377.) The Columbus Canal and Water Company. Incorporated, 1836. Pam, 141, (Prince, 411.) The River Steamboat Company. Incorporated, 1836, Pam. 256, (Prince, 379.) The Savannah Augusta Steamboat Company. Incorporated, 1836. Pam. 258, (Prince, 379.) The Savannah f Charleston Steam Packet. Company. Incorporated, 1836. Pam. 260, (Prince, 380.) The Savannah, Ogsechce and Altamaha Canal Company. Incorporated, 1826. Vol. IV. 94. Amended, 1831, Pain. 200; 1837, Pam 214; 1847, Pam. 141. Amended, 1850,. Pam. 208. The People's Steamboat Company. Incorporated, 1837. Pam. 253. The Oconee and Atlantic Steamboat Company. Incorporated, 1837. Pam 251. The Fori Gaines Steamboat Company. Incorporated, 1838. Pam. 234. .The Georgia Steam Packet Company. Incorporated, 1838, Pam. 232. INTERNAL TRANSPORTATION.—T. & P. R.—1850. 431 Private Companies—Turnpike and Plank Road Cos. Incorporated. The Washington Steamboat Company. Incorporated, 1838. Pam. 227. The Macon Iron Steamboat. Company. Incorporated, 1839. Pam. 81-. The Augusta Canal. Incorporated, 1845. Pam. 138. Amended, Dec. 19, 1849. Pam. 85. The Chattahoochee and Flint River Steamboat Company. Incorporated, 1845. Pam. 102. The Flint River Steamboat Company. Incorporated, 1845. Pam. 119. The New York and Savannah Steam Navigation Company. Incorporated, 1847. Pam. 131. The Back River Wharf and Canal Company. Incorporated, 1850. Pam. 205. The Macon Canal Company. Incorporated, 1850. Pam. 208. The Coosa River Steamboat Company. Incorporated, 1850. Pam. 258. The Hancock Steamboat Company. Incorporated, 1850. Pam. 261. ART. III. TURNPIKE AND PLANK-ROAD COMPANIES.* 1. Geneiial Laws. • 2. PlUVATE CoitrOltATIONS. I. GENERAL LAWS. gee. 11S. Plank-road Companies. " 119. Articles—Notice. •' 120. Record—Order. ' " 121. Directors. " 122. Cases of disagreement. " 123. Appraiser's Oath. See. 124. Award—Appeal. ' 125. Tax. 126. injuries to road. " 127. Toll-gates—rates. " 128. Toll-bridges. " 129. Tested Rights. An Act to authorize the incorporation of Joint Slock Companies for the construction of Macadamized, Graded, or Plank-roads.—Ap¬ proved Feb. 23, 1850. Pain. 262. 118. Ssc. I. Dc it enacted, That any number of persons not less than three, who by articles of agreement m writing have assoeiat- *For injuring gates, posts, &c. sec Penal Laws, sec. 2GJ. 432 INTERNAL TRANSPORTATION—T. & P. R—1850. Turnpike and Plank Road Cos. incorporated—Articles of association—Records, &c.—Disagreement, Any persons ed or shall associate according to the provisions of this Act, under with con-6 any name assumed by them, for the purpose of making a Macadamiz- c'tmaybe ed, Graded or Plank road, and who shall comply with all the provis- eorjwratlona ^ons t'lls Act, and first obtain the consent of the Inferior Court of the County in which such road is to be made, shall with their suc¬ cessors and assigns constitute a body politic and corporate under the name assumed by them, and have power and authority to make, con¬ struct and maintain such Macadamized, Graded or Plank road or rotids as they shall be authorized to make by the said Court, as is herein¬ after prescribed : Provided nevertheless, this charter shall not infringe upon the rights of any charter heretofore granted by the Legislature of Georgia. < Articles ot 119. Sec. II. The persons thus associating shall, in their articles of association, distinctly set forth the kind of road which they pro¬ pose to make, and the commencement and the terminus thereof, and shall cause ail abstract of their said articles of association to be pub¬ lished in one or more newspapers printed in the vicinity, giving notice notice. that application will be made to the Inferior Court of the County in which said road is to be made, at least four weeks before such appli¬ cation. record and 120. Sec. III. Whenever persons thus associated shall make ap- onIer' plication to the Inferior Court of any County or Counties in which they propose to make a read as aforesaid, the said Court, if in their opinion the making of such road" will be for the public good, shall order the said articles of association to be recorded ; and such order shall vest in the said associates, their heirs, successors and assigns, all rights, powers and privileges of a corporation, with authority to rrivUe"L. construct and maintain such road : Provided, that nothing therein contained shall authorize banking privileges. directors. 121. Sec. IV. When the associates aforesaid shall have obtained the order of the Court as aforesaid, they, or a majority of them, may proceed to organize their company by electing not less than three nor more than seven directors, who shall be charged with the man- duseT and agement of the affairs and business of the company, and whose pow¬ ers and duties or term of service shall be prescribed in the articles of association. rroceeding 122. Sec. V. In all cases where land, timber or other materials duagreem't. necessary for the construction or repair of said road cannot, for want of agreement between the parties, be purchased from the owner or owners thereof, the same may be taken at a valuation to be made by three disinterested persons to be appointed by the Inferior Court of the County in which the same may be, who shall notify the parties of the time and place of making such valuation, by writing or by publication in some newspaper published in the vicinity, oath of ;ui- 123. Sec. VI. Before making such valuation, the persons thus praibero. appointed shall subscribe the following oath: " I, A B, do solemnly swear that I will render a true verdict according to the circumstances of the case now submitted to me, taking into consideration the bene¬ fits arising to the owner or owners of the property by the construc¬ tion of the said road in his or her neighborhood, as well as the dam¬ age done thorobr." INTERNAL TRANSPORTATION—T. & P. R—1850. 433 Award, &c.—-Tax—Injuries—Toll gates—Rates. 124. Sec. VII. The award of the valuers aforesaid shall be certi- award, fied by them to the Inferior Court, and shall operate as a judgment against the parties, and may be enforced by the order of said Court: Provided, that either party may have an appeal to be tried at the AppeaL next term of the Superior Court of the County ; and these proceed¬ ings -when concluded shall vest in the company the fee simple, if it be land : Provided further, the said company may at any time within twenty days after the rendition of final judgment, abandon the right to pany. the property condemned, by filing a notice; to that effect in the office of the Clerk of the said Court, in which case the judgment shall be void except as to costs. 125. Sec. VIII. The said road and the appurtenances thereto tax. shall not be subject to be taxed higher than one per centum on its net annual income. 126. Sec. IX. Any person injuring the property of said com-injuries to pany, or who shall throw earth, stones, trees, logs, rubbish, or anyroad'&c' other matter or thing whatsoever, upon said road or its appurtenances, or shall dig up or in any manner destroy said road or any of its bridges, gates, houses or other appurtenances or appendages of the same, shall be punished by indictment for a misdemeanor, and on conviction Misdemean may be fined and imprisoned at the. discretion of the Court, and shall also be liable for three times the amount of such damages as may be occasioned thereby, to be recovered by action at the suit of said Com¬ pany, or of any person aggrieved, in any Court having jurisdiction. 127. Sec. X. Said Company shall have power to erect such toil gates, number of toll-gates upon said road, and at such places as they may judge best and most convenient for the collection of toll, and may charge and collect such rates of toll for the use of their said road as Rates, they may from time to time fix and establish : Provided nevertheless, such rates of tolls shall be published in such manner that the same may be known ; And provided also, that the said Inferior Court may inf>r court at any and at all times require the said Compauy to make an exhibit Jwrct. of the cost of making and keeping the said road in repair, and if it shall appear that the receipts from tolls have been more th^a sufficient to pay a dividend of fifteen per cent, on the cost of conslBltion over and above the repairs of said road, then the said Court may reduce the rates of toll so as that the dividends shall not be greater than fif¬ teen per cent, per annum on the cost of construction, and over and above the repairs of said road after the payment of incidental ex¬ penses : Provided, that said Court shall not reduce the rates of toll Minimum, below the following schedule on animals and articles as herein set forth : On neat cattle, one quarter of a cent per mile per head ; on hogs, one-eighth of one cent per head per mile ; on sheep and goats, one-sixteenth of one cent per head per mile ; on loose horses one- half cent per head per mile ; on saddle horses, one cent per mile per head; on carts or wagons drawn by one horse, mule or other animal, one and a quarter cents each per mile ; on road wagons drawn by two animals, three cents per mile ; on wagons drawn by a greater number of animals than two, one and a half cents per mile for each additional animal ; on one-horse private pleasure carriages, two cents 55 434 INTERNAL TRANSPORTATION.—T. & P. R. Toll-briclges—Private Companies. per mile ; on private pleasure carriages drawn by a greater number of horses, two cents per mile for each additional animal. Ton bridges. 128. gEc. XI. Said companies are authorized to construct toll- bridges in connection with said road or roads, over water courses, and charge such rates of toll as may be agreed upon at or before the erec¬ tion of said bridge Or bridges, with the Inferior Court of the County wherein the same may be located. Kight vests 129. Sec. XII. The road authorized and granted by this Act, in to shall vest in said Company, their heirs and assigns, in fee-simple. 2. PRIVATE CORPORATIONS. The Auraria and Blue Ridge Turnpike Company, and the Union Turnpike Company. Incorporated, 1S34, Pam. 200. (Prince 402.) The TVestern Turnpike Company. Incorporated, 1834, Pam. 204. (Prince, 322) The Habersham and Union Turnpike Company.* " Incorporated, 1840, Pam. 94. Amended, 1841, Pam. 121; 1847, Pam. 295. The Lookout Turnpike Company. Incorporated, 1841, Pam. 107. Amended, 1843, Pam. 78; 1847, Pam. 295. The Raccoon Turnpike Company. Incorporated, 1841, Pam. 107. Amended, 1843, Pam. 78; 1847, Pam. 295. The Union, Lumpkin and Habersham Turnpike Company, and Turnpike over KincheJ'oona Swamp. Incorgtffcted, 1841, Pam. 111. Amended, 1842, Pam. 101; 1847, Pam. 29sP Conanfs Turnpike over Pine Mountain. Authorized, 1841, Pam. 184. The Ellijay Turnpike Company. Incorporated, 1841, Pam. 115. Amended, 1843, Pam. 75; 1817, Pam. 295. The Amoyc Calola Turnpike Company. Incorporated, 1812, Pam. 101. Amended, 1817, Pain 295. Grimmett's Turnpikc. Authorized, 1843, Pam. 63. *i'or Act of IS 17, providing a mode of collecting tolls in Gilmer, Vi:ion, Ralua and Lumpkin Counties ; see I'amr.hlet. uasm INTERNAL TRANSPORTATION.—T. & P. R. 435 Private Companies. The Union and Lumpkin Turnpike Company. Incorporated, 1843, Pam. 99. Amended, 1847, Pam. 295. The Talking Rock Turnpike Company. Incorporated, 1842, Pam. 109. Amended, 1847, Pam. 295. The Tacoah Turnpike Road.. Incorporated, 1842, Pam. 106; 1843, Pam. 114. Amended, 1847, Pam. 295. ; The Rabun Turnpike Company. Incorporated, 1845, Pam. 105. Amended, 1847, Pam. 295. The Columbus and Greenville Plank, and Turnpike Road Com¬ pany. The Columbus and Lumpkin Plank, and Turnpike Road Com¬ pany. The Sparta Plank, and Turnpike Road Company. Incorporated, 1850, Pam. 214. The Coopers'1 Gap Turnpike Company. Incorporated, 1850, Pam. 218. The Dahloncga and Marietta Turnpike, and Plank Road Com¬ pany. The Camming and Atlanta Turnpike, and Plank Road Company. The Cobb County and Alabama Plank, and Turnpike Road Com¬ pany. The Washington Railroad, and Plank Road Company. Incorporated, 4850, Pam. 219. The E Hi jay Turnpike Company. Incorporated, 1850, Pam. 223. The Griffin and, West Point Plank Road Company, Incorporated, 1850, Pain. 226. The Northeastern Plunk, or Railroad Company. Incorporated, 1850, Pam. 233. The Cherokee Railroad, or Plank Road, Company. Incorporated, 1850, Pam. 236. 436 JOINT STOCK CONPANIES.— Genervt, Laws—1S39. Encouragement to direct trade. JOINT STOCK COMPANIES.* ART. I. GENERAL LAWS. ART. H. PRIVATE CORPORATIONS. 1. Insurance and Trust Companies. 2. Land and Lumber " , 3. Manufacturing " 4. Mining " 5. Steam Mill 6. Miscellaneous. ART. I. GENERAL LAWS.f Sec. 1. Direct trade. 2. Capital, $250,000. 3. Incorporation. 4. Cash payment. 5. Instalments. 6. Certificates. 7. Attestation. 8. Record. 9. Individual liability. 10. Temporary officers. Sec. 11. Dividends. " 12. Officers' liability. " 13. Provision for creditors. . " 14. Limitation. " 15. Manufacturing Companies. " 16. Powers and privileges. " 17. Presidents' oath. " 18. Corporator's' liability. " 19. Amount of debts. " 20. Limitation. An Act to encourage a direct export and import trade with foreign coun¬ tries, and to authorize the j ovulation of Joint Stock Companies, for the purpose of dealing in foreign mid domestic mcrchandizs and produce.—Assented to Dec. 20. 1839. Pam. 54. Any persons 1. J'. c. I. Be it enacted, That from and after the passage of joint stock3 lDIs Act, it shall and may be lawful for any number of the citizens Ounpuiy for 0p fjjjg gtate. to form Joint Stock Companies, for the purpose of deal- diKcc trade, big in foreign merchandize, and domestic produce and manufactures, and for importing from and exporting to any foreign State, or Coun¬ try, any part thereof, subject to the conditions and liabilities hereinaf¬ ter prescribed. * wuhacapi- 2. Sec. II. No Joint Stock Company shall he formed under the pre- not !ms yisions of this Act, whose capital shall he less than two hundred and tiian 1 coo." fifty thousand dollars, which shall be divided into shares of one hun¬ dred dollars each. Howtobs- 3. Sec. III. All persons who shall become shareholders in any curporate"dy such Joint Stock Company, shall be, and they are hereby created and constituted a corporation and body politic, by such name and style as the constitution and by-laws of any and every such compa¬ ny may designate and appoint, and by such name, when established and duly recorded, as hereinafter prescribed, shall be, and they are *Eor an AT giving lien to certain persons employed in steam saw mills, see "Intel- nal Transportation," sec. 114. +Eor Act pointing out the mode of obtaining certain charters from the Courts, see ''Judiciary," sec. 2-3. Also see.276, a: to mode of serving an :l judgment against stock¬ holders individually. JOINT STOCK COMPANIES.—General Laws—1839. 437 Manner of becoming incorporated. hereby made capable in law, to have, hold, purchase, receive, pos- Powers and sess, enjoy and retain, to them- and their successors or assigns, lands, liblllties- rents, tenements and hereditaments, goods, chattels and effects, of whatsoever kind, nature or quality the same may be, and to sell, grant, demise, alien, or dispose of the same; to sue and be sued, plead and be impleaded, answer and be answered, defend and be de¬ fended in Courts of record, or any other place whatsoever and also to make, use and have a common seal, and the same to break, alter or renew at their pleasure; and also to ordain and establish and put in execution, such constitution and by-laws, rales and regulations as they may deem necessary and convenient for the government of such company ; Provided, that such by-laws, rules and regulations be not contrary to the Constitution and Laws of this State, or of the United States ; And provided also, that the real estate which it shall Limit as to retil be lawful for any such company to hold, shall be only such as may be necessary for their accommodation, in relation to the convenient transaction of their business, and such as shall have been bona fide mortgaged to them as security, or conveyed to them in satisfaction of debts previously contracted in the course of their dealing, or pur¬ chased at sales upon judgments which have been obtained for such debts. ' 4. Sec IV. No company formed under the provisions of this business not Act shall commence business until ten per centum of the capital unopfr'^f thereof has actually been paid in to said company, in cash, by each pL'cf^nd re- stockholder, ill proportion to the number of shares he or they may ™:™der se" hold, and the remainder thereof secured for the benefit of the cred¬ itors of such company, by bond and mortgage, upon real estate, to the full value of any sum so not actually paid in, in cash. 5. S*ec. V. The stockholders at any meeting of such company, instalments, or the officers appointed to conduct their business, shall have power when pdid' to call for a further payment upon said stock, at any time, upon giv¬ ing sixty days' notice in the gazettes of the city where the business of said company may be located." 6. Sec, VI. Upon the formation of any company under the pro-certificate, visions of this Act, the stockholders thereof shall individually make out by themselves, or by attorney in fact, a certificate which shall contain : 1. The name, style or firm of said company, and the amount of the capital thereof. 2. The names and residences of ail the stockholders in the same, and the amount of stock held by each ; the amount of cash actually paid in by each, and the amount secured by each by mortgage to said company. 3. The period at which said company intend eommeiicing business,- and the period at which it shall terminate, and when made by at¬ torney in fact, the power of attorney, duly authenticated, shall ac¬ company said certificate. 7. Sec. VII. The said certificates shall lie acknowledged by the Execution , . , . J ;W(1 attests several persons signing t ie same, or tneir attorney m tact, beiore a tion. Judge of the Superior or Inferior Court, Justice of the Peace or No¬ tary Public, who shall duly certify the same. 438 JOINT STOCK COMPANIES—GENERAL LAWS—1830. Power and liabilities of stockholders and officers. Kec«ni. 8. Sec. VIII. The certificates and powers of attorney in lact, so acknowledged and certified, together with a copy of the constitution of such company, shall be filed in the office of the Clerk of the Su¬ perior Court of the county in which the principal place of business of such company shall be situated, and shall also be recorded by him, at large, in a book to be kept for that purpose, open to public inspec¬ tion ; and if any such company shall have places of business in dif¬ ferent Counties, a transcript of said record, duly certified by the Clerk in whose office it shall have been filed, under his official seal, shall be filed and recorded in like manner, in the office of the Clerk of the clerk's fee. Superior Court in every such County; and the Clerk, for each and every registry required by this Act, shall be entitled to the sum of five dollars ; and a certified copy of such certificate, powers of attorr ney and affidavits, shall be evidence, in all Courts and place whatso¬ ever. liat>iii!y of 9. Sec. IX. Each and every stockholder in such company shall ° be bound to said company, and the creditors thereof, for the pay¬ ment of the full amount of stock held by him or them, and that no sale or transfer of stock shall take place unless the whole amount due thereon shall have been bona fide paid, or be secured to be paid, in cash, to said company—affidavit of which, together with the name and residence of the purchaser, shall he made by the principal officer of said company, and filed with the other records, in the Clerk's of¬ fice of the Superior Court as aforesaid, officer^"* ^EC' ^ie stockholders of any company formed by au¬ thority of this Act, shall have power to elect such temporary officers as they may deem necessary for carrying the same into effect, and to regulate and stipulate the compensation to be paid to the same, who shall hold their several appointments until a constitution and by-laws for the government of such company are established, and regular ap¬ pointments made under the provisions thereof. dividends. 11. Sec. XL Dividends of the profits of such companies maybe Proviso. semi-annually declared ; Provided, that a fund of ten per cent, over and above the capital actually paid in, shall be reserved by such com¬ pany, to meet any unexpected loss they might sustain, before such dividend shall be paid. Liability of 12. Sec. XII. The officers appointed for conducting the business •jfficerti. 0f company shall be liable to account to the stockholders for their management of said business, both in Law and Equity. i«f raeeof 13. Sec. XIII. In the event of the failure or insolvency of any solvency, a^- such company, all the property, real, personal and mixed, and of S.™t"ffor whatever kind and nature the same may be, shall be immediately creditors, assigned to three or more proper persons, for the benefit of the cred¬ itors of said company, and the said assignees shall proceed to dispose of the same, and to pay the debts of the said company; and should the same be insufficient to discharge the debtsand liabilities of such company, then and in that case, they shall pay each creditor in like pro¬ portion : and if there be a surplus, they shall pay the same, in like proportion, to the stockholders of such company ; Provided, that the said assignees, before taking possession of said property, shall give bond and security to said company, in an amount equal to the JOINT STOCK COMPANIES.—General Laws.—1847. 439 Manufacturing Companies. amount of property so put into their hands, for the faithful discharge Bond. of their duties as assignees—and the said assignees shall be allowed, out of the said proceeds, a reasonable commission for their services. '14. Sec. XIV. All companies formed under and by virtue of limitation this Act may continue business under the sarhe, for the term of twen¬ ty years from the commecement of said business, and no longer; Provided, that nothing herein contained shall be so construed as to prevent such companies from using their corporate name after the expiration of the time aforesaid, for the purpose of settling up their said business. A/i Act to authorize all the free white Citizens of the State of Geor¬ gia, and such others as they may associate with them, to prosecute the business of Manufacturing, with corporate powers and privi¬ leges^'—Approved Dec. &2, 1847. Pam. 219. 15. Sec. <1. Be it enacted, That from and after the passage of Declaration. . this Act, when any number of persons shall associate themselves to¬ gether for the purpose of manufacturing, they shall draw up a de¬ claration specifying the objects of their association and the particular branch or branches of business they intend carrying on, together with the name by which they will be known as a corporation, and the amount of capital to be employed by them ; which declaration shall be first recorded in the Clerk's office of the Superior Court of Record, the County where such corporation is located, in the following form, viz: Georgia, 1 To all persons to whom these presents shall come, Form- County. ) Greeting. Kuow ye, that we have associated ourselves together as a body corporate, for the pur¬ pose of engaging in the business of and that we have adopted as our corporate name, bv which we will sue and be sued and by which we will be known and designated, that we have subscribed as our capital stock the sum of dollars, which will be em¬ ployed in the business before mentioned. Signed in the presence of ) , J. P. J ^ Stockholders. Recorded this day of 184 . Clerk. and shall be published once a week for two months, in the two Publication, nearest gazettes, which being done, said association shall become a body corporate and politic, and known as such without being spe- *For Act of 184.°, authorizing incorporation of various companies by the Courts,see "Judiciary," sec. 283. For Act of 18.G0. authorizing incorporation of plank road companies, &c. see "Inter¬ nal Transportation," Art. " Turnpike and Plank Itoads," sec. 118. 440 JOINT STOCK COMPANIES.—GENERAL LAWS—1847. Powers—Duties and liabilities of such companies—Limitation. cially pleaded in all the Courts of Law and Equity in this State, to be governed by the provisions and be subject to the liabilities here¬ inafter specified. rowers of 16. Sec. II. Each and every body corporate and politic created nuk>n°rp°~ under the provisions of this Act may sue and be sued in all the Courts of Law and Equity in this State ; may have and use a com¬ mon seal, make such by-laws and rales for their regulation and government as they may see proper, not inconsistent with the laws of this State or of the United States, or the Constitution of either; and may hold such real estate, water privileges and personal property as may be necessary for the purposes of said incorporations, or such as they may be obliged and deem it for their interest to take in the settlement of any debts due them, and may dispose of the same and erect such buildings, and make such improvements thereon as may be necessary for the purposes aforesaid ; Provided, such buildings and improvements shall not obstruct the navigable rivers of this State, or interfere with the rights or privileges of any citizen or citizens of the same. ojith of 17. Sec. 111. Before any corporation, created under the pro- CSI< 01 ' visions of this Act shall go into operation, an oath or affirmation shall be made before a Judge of the Superior Court, Justice of the. Inferior Court, or Justice of the Peace, by the president thereof, of the amount of capital actually paid in and employed by said cor- Pubiication. poration, which shall be published in the two nearest gazettes once a week for one month, and be recorded in the Clerk's office of the Su¬ perior Court of the county where said corporation is located, and which shall be repeated whenever there is an increase of capital stock created, and the same actually paid in: Provided, nothing shall be considered as capital paid in but gold and silver qr the notes of specie paying banks, or property at its sworn valuation. liability of 18. Sec. IY. The members of each and every corporation creat- ed under this Act shall be liable, jointly and severally, for all debts false- and contracts made by each and every said incorporation, if at any time it should be made to appear that the amount of capital.sworn to by its president as paid in and employed, was not bona Jidc, so paid in and employed, umit as to 19. Sec. Y. The whole amount of debts which any company debts" organized under this Act, shall at any time owe, shall n-ot exceed its capital stock actually paid in, and in case of any excess over said capital penalty vs. stock, the officers and agents by whom such excess shall be created, ofriccrc. . ^ ' shall be jointly and severally liable to the extent of such excess for ah the debts of the company then existing, and for all that shall be contracted, so long as they shall respectively continue in office, and until the debts shall be reduced to the amount of the capital stock actually paid in. Limitation. 20. Sec. YI. No corporation created under the provisions of this Act shall continue a body corporate and politic longer than thirty years. Sec. YII. All laws and parts of laws militating against this bet be, and the same are hereby repealed. JOINT STOCK COMPANIES—Private Corporations. 441 Insurance and Trust Companies—Land and Lumber Companies. AET. II. PRIVATE COEPOEATIONS. 21. 1. Insurance and Trust Companies. The Georgia Mutual Insurance. Incorporated, 1822, Vol. IV, 194. (Prince, 382.) The Macon Insurance Company. Incorporated, 1830, Pam. 40. (Prince, 384.) The Columbus Insurance Company. Incorporated, 1835, Pam. 118. (Prince, 408.) The Georgia Insurance and Trust Company. Incorporated, 1835, Pam. 120. (Prince, 408.) Amended, 1841, Pam. 26; 1843, Pam. 20.. The Savannah Insurance and Trust Company, the Oglethorpe In¬ surance and, Trust Company, and, the Western Insurance and Trust Company. Incorporated, 1836, Pam. 146. (Prince, 412.) Amended, 1837, Pam. 154. The Brunswick Insurance and Trust Company. Incorporated, 1838, Pam. 136. The Muscogee Insurance Company. Incorporated, 1838, Pam. 138. The Southern Mutual Insurance Company. Incorporated, 1847, Pam. 126. Amended, 1850, Pam. 207, 265. The Savannah Mutual Insurance Company. Incorporated, 1847, Pam. 123. The Coweta Mutual Fire Insurance Company, and the Athens Mutual Fire Insurance Company. Incorporated, 1S47, Pam. 128. 22. 2. Land and Lumber Companies. The Lumber Company of Georgia. Incorporated, 1S37, Pam, 166. The Jeffcrsonvillc Land Company. Incorporated, 1837, Pain. 144. . . The Brunswick Lumber Company. Incorporated, 1S37, Pam. 167. 56 JOINT STOCK COMPANIES—Private Corporations. Land and Lumber Companies—Manufacturing Companies. The Georgia Lumber Company. Incorporated, 1834. Amended, 1S38, Pant. 115. The Doboy Steam Mills and Lumber Company. ' Incorporated, 1838, Pam. 231. The West Point Company. Incorporated, 1838, Pam. 124. 23. 3. Manufacturing Companies. The DcKalb Manufacturing Company. Incorporated, 1832, Pam. 82, (Prince, 385.) The Richmond Manufacturing Company. Incorporated, 1832, Pam. 96, (Prince, 392.) New Providence Factory. Incorporate^, 1833, Pam. 104, (Prince, 39(>.) The Franklin Factory, and the Camak, now Princeton, Factory. Incorporated, 1833, Pam. 106. Amended, 1S34, Pam. 140, (Prince, 396, 397.) The Richmond Factory. Incorporated, 1834, Pam. 139, (Prince, 399.) Amended, 1847, Pam. 221. The Skull Shoal Manufacturing Company. Incorporated, 1834, Pam. 141, (Prince, 400,) The Eatonton Manufacturing Company. Incorporated, 1835, Pam. 127, (Prince, 404.) The Flat Shoal Creek Manufacturing Company. Incorporated, 1836, Pam. 141, (Prince, 410.) The Cedar Shoals Manufacturing Company. Incorporated, 1837, Pam. 131. Amended, 1839, Pam. 95. The Habersham Iron Works and Manufacturing Company. Incorporated, 1837, Pam. 134. Amended, 1837, Pam. 119; 1840, Pam. 104. The Georgia, Marble Company. Incorporated, 1837, Pam. 126. The Savannah Foundry and Steam Engine Factory Association. Incorporated, 1837, Pam. 129. JOINT STOCK COMPANIES.—Private Corporations. 443 Manufacturing Companies. The Georgia Manufacturing Company. Incorporateed, 1839, Pam. 112. The Ro sic ell Manufacturing Company. Incorporated, 1839, Pam. 116. The Georgia Iron Manufacturing Company. Incorporated, 1839, Pam. 119. The Augusta Sugar Manufacturing Company. Incorporated, 1839, Pam. 113. The Georgia Silk Manufacturing Company. Incorporated, 1839, Pam. 92. The Floyd County Manufacturing Company. Incorporated, 1839, Pam. 77. The Cass County Iron Manufacturing Company. Incorporated, 1839, Pam. 121. The Neligh Manufacturing Company. Incorporated, 1839, Pam. 117. The Chest at ce Manufacturing Company. Incorporated, 1839, Pam. 87. The Irwin Factory Company and the Lumpkin County Manufactur¬ ing Company, Incorporated, 1810, Pam. 91. The Da.hlonega Tanning and Leather Manufacturing Company. Incorporated, 1841, Pam. 119. The Waymansvillc Manufacturing Company. Incorporated, 1842, Pam. 91. The Thomaston Manufacturing Company. Incorporated, 1842, Pam. 93. The Walker County Marble Company. Incorporated, 1842, Pam. 110. The Augusta Manufacturing Company, the Richmond Manufactur¬ ing Company, and the Georgia Manufacturing Company. Incorporated, 1.845, Pam. 121. The Mulberry Grove Manufacturing Company. Incorporated, 1850, Pam. 253. 4 14 JOINT STOCK COMPANIES.—Private Corporations. Manidaoturing Companies—Mining Companies—Steain Mill Companies. The Bowcniillc Manufacturing Company. Iiic3rporated, 1850, Pam. 253. The McBean Company. Incorporated, 1S50, Pam. 254. The Sweetwater Manufacturing Company. Incorporated, 1850, Pam. 256. Marietta Manufacturing Company. Incorporated, 1850, Pam. 257. 24. 4. Mining Companies. The Augusta Mining Company, the Habersham Mining Company, and the Nacoochee Mining Company. Incorporated, 1832, Pam. 88, (Prince, 388.) The Pigeon Roost Mining Company and the Belfast Mining Com- pany. Incorporated, 1834, Pam. 143, (Prince, 401.) The Georgia, the Chcstatce, and the Cherokee Mining Companies. Incorporated, 1835, Pam. 138, (Prince, 405.) The Lumpkin County Mining and Manufacturing Company. Incorporated, 1837, Pam. 130. 25. 5. Steam Mill Companies.* The Darien Eastern Steam Saw Mill Company. Incorporated, 1820, Vol. IV. 187, (Prince, 382.) The Hancock Steam Saw Mill Company. Incorporated, 1838, Pam. 230. The Satilla Steam Saw Mill Company. Incorporated, 1838, Pam. 228. The Phoenix Steam Mill Company of Savannah. Incorporated, 1839, Pam. 123. 26. 6. Miscellaneous. The Central and Western Wharf Company in Augusta. Incorporated, 1835, Pam. 132, (Prince, 406.) *For Act giving lien to persons employed in steam saw mills, in certain cases, lee "Internal Transportation," sec. 115. JOINT STOCK COMPANIES.—Private Corporations. 445 Miscellaneous. The Columbus Wharf Company. Incorporated, 1835, Pam. 133, (Prince, 406.) The Augusta Warehouse Company. Incorporated, 1842, Pam. 110. The Savannah River Embankment Company. Incorporated, 1837, Pam. 142. The Jackson Street Ice Company. Incorporated, 1837, Pam. 138. The Savannah Theatre Company.. Incorporated, 1838, Pam. 246. The Savannah Institution for Savings. Incorporated, 1843, Pam. 111. The Columbus Water Lot Company. Incorporated, 1845, Pam. 123. The Georgia, Exporting Company. Incorporated, 1850, Pam. 172. The Savannah Gas Light Company and the Augusta Gas Light Company. Incorporated, 1850, Pam. 194. The Hydraulic Company of Savannah. Incorporated, 1850, Pam. 197. The Floating Dry Dock Company of Savannah. Incorporated, 1850, Pam. 200. The Augusta Machine Works. Incorporated, 1850, Pam. 201. The D all on City Company. Incorporated, 1850, Pam. 204. 44G JUDICIARY. Analysis. judiciary.* A. COURTS OF GENERAL JURISDICTION. B. COURTS OF SPECIAL JURISDICTION. COURTS OF GENERAL JURISDICTION. I. SUPREME COURT FOR CORRECTION OF ERRORS. II. SUPERIOR AND INFERIOR-COURTS. / ' . I. COURTS OF GENERAL JURISDICTION. I. SUPREME COURT FOR THE CORRECTION" OF ERRORS.f Sec. 1. Organization. " 2. Sessions. 44 3; Absence of Judges. 44 4. Mode of appealing to this Court. 44 o. Decision and damages, " 6. Mandamus. 44 7. Sheriff must attend. 44 8. Salary of Judges. 44 9. Clerk, duties—Records. , , 44 10. Security -pendente lite. 44 11. Fees of Clerk. •4 12. Reporter—Salary—duties., 44 13. Clerk's and Reporter's Oath. 44 14. Rules of Practice—Seal. 44 15. Neglect of Plaintiff in Etror. 44 13. .Attorney and Solicitor Geu'ls. duty. 44 17. Affidavit of Poverty, and Non-resi¬ dents. 44 18. Unnecessary Parties. 44 19. Necessary Parties. Sec. 20. Reporter may practise. 44 21. Assistant Reporter, 44 22. Bills of Exceptions tendered in 30 days. 44 2 3, Record of Transcripts. 44 24. Payment of Cost in '30 days. 44 25. Recording opinions. 44 28. Seals—no fee., 44 2 7. Copy Bill of Exceptions. , 44 28.. Remittiter. 44 29. No Service—no fee* 44 3 0. Amendment. : 44 .31. Amendment. 44 3 2. Copy Bill of Exceptions. i4 33.' Report of Arguments. 34. Sessions., ■ . ' 44 3 5. Attorney and Solicitor General's fees. 44 3 3. IIow paid. * See title 44 A ffirmation." for form. ^ See title 44 Attachment and Garnishment," for Acts in relation to garnishments gene¬ rally. . See title 44 Conveyances," &c. for Acts in relation to Assignments in fraud of creditors, sec. 22. Commissioners to attest deeds, &c. sec. 33. Consul's attestation, sec. 52. Estates Tail, sec. 20. ' Gifts of slaves, sec. 47. . . . Specialties and. Powers of Attorney from other States, sec. 16. Marriage Contracts, record oi, sec. 62. See title, "Evidence,"' for Act in relation to Contracts under seal, sec. 2i). See 44 Executors, Administrators, &c." for Acts in relation to Courts of Ordinary, sec. 1. Idiots, Lunatics, &c. sec., 174. Poor Laws, sec. 191. Investment of funds in litigation, sec. 143. Real estate of wife, vesting in husband, sec. 59. Execution of title, vendor or vendee dying, sees. 83, 84. See 44 Tavern and Retail Licenses," for Acts referring thereto. See 44 Slaves and Free Persons of Color," lor Acts in relation thereto. See 44 Penal Laws," for Acts in relation to 44 Contracts with Colored Mechanics," see. 289. " Protection of Private Burying Grounds," sec. 359. fFor Act making it ground of error for presiding Judge to express his opinion on the facts, see " Superior and Inferior Courts," Art. " Judges, Sessions, See." sec. 47. JUDICIARY.—Supreme Court—1845. 4 47 Analysis—Organization. An Act to carry into effect that part of the first section of the third Article of the Constitution, which requires , the establishment, of a Supreme Court for the Correction of Errors ; and to organize the same, and to regulate the proceedings thereof—Approved Dec. 10, 1845. Pam. 18. 1. Sec. I. Be it enacted, That in pursuance of the first section supreme ct of the third article of the Constitution, there shall be, and it is here- tifconsnnlf by established, a Court for the Correction of Errors, to be called the thrce Juik'ea Supreme Court of the State of Georgia; the said Court shall consist Election, of three Judges, who shall be elected at the present session of the General Assembly ; one, for the term of six years; one for the term of four years; and one for the term of two years, during which terms they shall respectively hold their offices, unless sooner removed, in the manner pointed put by the Constitution. No person shall be Quaiinca- eligible to the office of Judge, unless he shall have been duly admit- ted and licensed to plead and practise in the Courts of Law and Equity in this State ten years, at least, prior to his election. The Governor shall, within twenty days after the election of said Judges, co^munon, commission them respectively for the terms for which they shall have been elected. In case -of the death*, resignation^ or removal from of- vacancy, fice of any of said Judges, the Governor shah appoint and commis-liovvnile when the General Assembly shall fill the same. And if any such vacancy oc¬ cur during a session of the General Assembly, the same shall be filled at such session. Every Judge of said Court who shall be elect¬ ed after the present session of the General Assembly, (except where he is elected to fill a vacancy,) shall hold his office for and Term of of- during the term of six years, and shall be commissioned accordingly fic*oycais' by the Governor. 2. Sec. IL The said Supreme Court shall be hchlen at the times scions, and places following, to wit: On the second Monday in January wtioroC bo and third Monday in June, in each year, for the first District, to be lieia* composed of the Eastern and Southern Judicial Circuits, alternately at Savannah and Hawkinsville. On the fourth Mondays in January and July in each year, for the second District, to be composed*of the .South Western and Chattahoochee Circuits, alternately at Talbotton and Amcricus. On the second Monday in February and August in each year, for the third District, to be composed of tire Coweta and Flint Judicial Circuits, alternately at Macon and Decatur. On the fourth Mondays in March and September in each year,* for the fourth District, to be composed of the Western and Cherokee Circuits, al¬ ternately at Cassviiie and Gainesville. On the first Mondays in May and November in each year, for the filth District, to be composed of tin; Middle, Northern and Ocmulgee Judicial Circuits, at the city of M hedge viile. * Third Mondays in April and October, by Act ot lSoO, see. 31. 4-iS JUDICIARY.—Supreme Court—184.5. _ Judges—Sessions. Mnc/trfone Sec. III. It shall be.the duty of all the Judges of said Court mav i oia° to aps^®nedm in four days* after the term at which the exceptions were taken, pay giving bond, all costs which may have accrued, and either personally, or by his agent, solicitor, or attorney in fact, or at law, give bond1 with secu- condition of rity to be approved of by the Clerk of the Superior Court, and con- ucauses.' " ditioned to pay the eventual condemnation money, and all subse¬ quent costs ; and if in a criminal case, where the offence is by law bailable, the party complaining of error shall enter into recognizance with security to be in like manner approved, conditioned for the ap- in criminal pearance in person of such party complaining, to abide the final or- bailable! der, judgment, or sentence of said Court;-and if the offence be not unot baiia- bailable, or if the party be sentenced to imprisonment in the Peni¬ tentiary, and be unable to give security as required, the Judge of the Superior Court may order a supersedeas at the time of certifying and signing the bill of exceptions. When such bill of exceptions2 shall have been signed and certified by the Judge of the Superior Court, and such bond with security shall have been given, or recognizance with security entered into, and costs paid, notice of the signing of ^^e,,°ofhe such bill of exceptions shall be given, if in a criminal cause, to the At-the bi'lof n ■ i-t* i ■ • -i • -n exceptions torney or Solicitor General, and m civil causes m Law or Equity, to within ten the adverse party, or his counsel, within ten days after the same ddy°' shall have been done, and shall be filed in the Clerks' office where such bond or recognizance has been given, immediately thereafter, office, duty and on a copy of such notice being served by a Sheriff, Constable tosendupa or Attorney of the Superior CourC and filed in the Clerks' office transcript of with the bill of exceptions, it shall be the duty of the Clerk of the "Ythfnten Superior Court below to certify and send up to the Supreme Court a complete transcript of the entire record of the cause below4 duly certified under his hand and seal of office, and also the bill of ex- *30 days after adjournment of Court, by Act of 1847, sees. 22, 24. (1.) The giving bond and paying costs, is optional, and necessary only to obtain a superse¬ deas, 1 Kelly, 1. 6 Ga. 537- 12. J If dated before the trial, and nothing to amend by, the writ will be dismissed, 6 Ga. 43. It must appear to have been filed in the Clerk's office, 6 Ga. 491. [3.] Failing to give and file the notice, the writ will be dismissed, 2 Kelly, 252; 5 Ga. 582; 4 lb. 525; 6 lb. 43, 317, 380, 452; 7 lb. 59, 181. The notice must be signed by the party or his counsel, 6 Ga. 456. The plaintiff himself cannot serve the notice, 7 Ga. 421. [ I.] So much of the record only will be required as is necessary to the determination of the questions made, 2 Kelly, 408. 7 Ga. 2-58, 354, 520. If transcript is not sent up within the time, the writ will be dismissed, 6 Ga. 264, 317, 380, If the Clerk certifies he sent up the original notice, a copv may be established, 7 Ga. 181. 57 450 JUDICIARY.—Supremf. Court—1845. Decision—Damages—Certificate—Mandamus—Sheriff's duties. ceptions,* within ten days after he shall have received the original notice, with the return of service thereon, determined ^EC' V- The Supreme Court shall proceed at the first term, at the erst (unless prevented by providential cause,)1 to hear and determine fr™ provR1 each and every cause which may in manner aforesaid, be sent up cause? from the Court below, upon the record and bill of exceptions, on the ground therein specified, and on no other grounds. Upon the decis¬ ion of said Supreme Court on matters of Law, or principles of Egui- in case of ty, which may arise in the bill of exceptions, (which decisions shall d^ons't<)0be always be in writing, and be delivered by the Judges of the said SET1 ""Court seriatim, except in cases where they are unanimous,) .the Court shall cause to be certified to the Court below, such decision, and award such order and direction in the premises as may be con- Decision to sistent with the law and "justice of the case ; which decision, so b© certified . to the court rendered and ordered, and direction so awarded, shall be respected the™ re-d and carried into full effect by the Court below. If the decision and spected. judgment of the Court below be for any sum certain, and be affirm¬ ed in the Supreme Court, the plaintiff may in the Superior Court en- Ten perct. ter -judgment against the defendant and his securities for the amount damages in J o o cases of at- of principal, interest, and costs, as shall have been confessed or found by a Jury, and ten per cent, damages on the principal sum, and have execution immediately after the decision of the Supreme Court, o"ute ju"«- so certified as aforesaid.2 Provided, that if any one or more of the es certifies" Judges of the Supreme Court shall certify that in his or their opin- til© cans© -t » same fees Fees of me¬ ns Clerks of the Superior Courts in this State, to be taxed as part 0fCiew' the costs, and for which the Attorney of record shall always, be Attorneys an. , , * ways bound. bound. 12. Sec. XII. Some fit and proper person shall be elected by 452 JUDICIARY.—Supreme Court—1845. Reporter's Salary—Liability—Oath—Rules of practice—Seal—Attorney and Solicitor General. lteportw. the Judges of said Court as Reporter, who shall hold his office during the term of six years, unless sooner removed by the Court, and shall salarysioooreceive for his services a salary from the State of one thousand dol- Dutiea. lars per annum. Said Reporter shall attend all the sessions of said Court, and report, in a proper and professional manner,, all the de¬ cisions there made, with the reasons therefor, [and he shall not, during his service as Reporter, appear as counsel, or act as attorney in any upon failure case in any Court in this State.]"* The Reporter shall from time to hi/report's time publish, in good and substantial forms, the reports so made as months,4to aforesaid, and if at any time he shall neglect to publish within four rlurtii ofsaia mont^ls after sessions for each year have closed the decisions of that )y, aHdfOne year, he shall forfeit one fourth of his salary for that year, and an- Aery addu other fourth for every additional month's delay. Provided, that if month's de- the Judges of said Court, or a majority of them, shall certify that liiy> such delay was not from any fault or neglect of the Reporter him¬ self) or those under his control, such forfeiture shall not be incurred, copyright. The Reporter shall also be allowed the copy-right. And provided, copies fur- further, that he furnish, free of expense, and well bound, one copy of said reports to each Judge of said Court for the time being, one copy to the Clerk of said Court, to be kept in his office as publiG property, twenty-five copies to the State, to be delivered to his Ex¬ cellency the Governor as soon as may be, said twenty-five copies to be disposed of as the General Assembly may direct, and a copy io each Clerk of the Superior Court for each County in the State, to be kept in his office free for the perusal of any person, cicrk and 13. Sec. XIII. The Clerk and Reporter of said Court, before uift'n. ' * entering on the duties of their respective offices, shall be sworn to the faithful discharge of their duties, and take all other oaths pre¬ scribed by law for civil officers. "nworto 09- ]4. Sec. XIV. The Judges of said Supreme Court ■ shall have <'ipractice,0" power to establish rules of practice, and to regulate the admission of a'-procesa attorneys in said Supreme Court, and to award all such process as ?r,Sery t0 maY lje necessary to enforce obedience to their orders and judgments, . henence. and as are usual in other appellate tribunals ; and also to establish and procure a seal for said Court, jf plaintiff 15. Sec. XV. In case plaintiff in error shall fail to Cause the !f>"fraaiuse transcript of the record to be filed with the Clerk of the Supreme r'--ordftohbe Court, at the place of holding said Court, by the third day of the .leouhesu-term next succeeding the time of granting the supersedeas; and the Iimii affirm1 adverse party shall file with the Clerk of the Supreme Court a certifi- beii.v/mt cate of the granting of such supersedeas, signed by the Clerk of the ' Superior Court wherein the cause is depending, then it shall be the duty of such Supreme Court to affirm the judgment below on such certificate. r 16* Sec. XVI. It shall be the duty of the Attorney or Solicitor ] General of the Judicial Circuit wherein any criminal cause is tried, t<-*]• rjminui* anci- which may be taken up in manner aforesaid, to appear and at- thii ouun. tend to said cause in the Supreme Court.f ^ Repealed by Act of 18-17, see. 20, tills title. tRor fees, tee Act of 1850, see. 35. JUDICIARY.—Supreme Court—1845-'47. 453 Paupers and non-residents—Parties—Assistant Reporter. 17. S eg. XVII. Whenever a party shall not be able to give se-if the party curity, he shall file an affidavit stating that he is unable, from his frJmpoverty poverty, to give the security for the eventual costs and condemnation rn|,'h® may money, and that his counsel has advised him that he has good cause for a writ of error; and upon filing the , same in the Clerk's office, fact, he shall be entitled to all the privileges which he would have had if he had given the security and paid the costs as required by this Act. And when any party in any civil cause, Presiding out of the County Party resid- in which it may be tried, shall not be desirous of obtaining a super- county, sedeas, he shall be entitled to have his cause carried up to the Su- gf4dw u preme Court, under the provisions of this Act, without giving bond supersedeas of making affidavit as hereinbefore provided, the adverse party being ed."° pray at liberty to proceed with execution. An Act amendatory of the Act of the General Assembly organizing the Supreme Court, so far as to make it discretionary with plain¬ tiffs in error whether they will include as parties plaintiff, securi¬ ties on appeal, on injunction bonds, and units of error.—Approved Dec. 22, 1847. Pam. 81. 18. Sec. I. Be it enacted, That from and after the passage of surety on this Act, it shall in no case be considered as necessary to join with unnecessary the parties to the suit in the Superior Court, carrying a case there- party' from up to the Supreme Court, by bills of exceptions and writs of error, the security on appeal or on any injunction bond.1 19. Sec. II. No writ of error shall be dismissed or delayed in its Parties to hearing and decision, where the parties to the writ or declaration be- necL^ar"! low are included in said writ of error.2 An Act to amend the tioelfth section of an. Act entitled an Act to car¬ ry into effect that part of the first section of the third Article oj the Constitution which requires the establishment of a Supreme Court for the correction of errors, and to organize the same, and to re¬ gulate the proceedings thereof assented to on the tenth day of De¬ cember, eighteen hundred and forty-five.—Approved Dec. 24, 1847. Pam. 81. 20. Sec. I. Be it enacted, That from and after the passage of Reporter th is Act, so much of said recited section as declares that the Re-niiyp'dC ise porter of said Court shall not, during his services as Reporter, ap¬ pear as counsel or act as attorney in any case in any Court m this State bo, and the same is hereby repealed. 21. S ec. II. The Reporter of said Supreme Court shall be en-salary, how titled to receive his salary quarterly, as other State officers, and be paid* authorized to appoint an Assistant Reporter, such appointment to be Assistant submitted to and approved by the Judges of said Court, and entered R®porter- [1.] Decisions prior to this Statute. 2 79, 287, 348, 408, 439. 375.584, [2J Considered, 7 Oa. 510. 454 JUDICIARY.—Supreme Court—1S47. Bills of exceptions, 30 days—Costs—Duty of Clerk. upon the minutes, either in term or vacation; and the said Reporter Duties. or his assistant shall attend each term of the Court, unless prevented by providential cause, or relieved therefrom by leave of absence by the Judge. Sec. III. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act amendatory of the Act approved the tenth of December, eighteen hundred and forty-five, organizing a Supreme Court for the correction of errors, in relation to hills of exceptions, giving of bond by the party talcing up a case, and directory of the duty of the Clerk as to transcripts accompanying cases.—Approved Dec. 29, 1847. Pam. 82. Bins of ex- 22. Sec. I. Be it enacted, That from and after the passage of ceptionsmay thjs Act, that so much of the Act of Avhich this is amendatory as be tendered * within 30 requires bills of exceptions, in both civil, criminal and equity cases, adjournment to be drawn up and submitted to the Judge before whom such cause °f court. wag tr-e(j four days after the trial thereof, be and the same is hereby altered and amended so as to allow them to he drawn lip and submitted for signature and certification by the Judge within thirty days1 after the close of the term in which said cause was heard. Transcripts 23. Sec. II. With a view to lighten the costs upon parties in need not be sajd Court, that the transcripts of the record from the Court below recorded. shall not be recorded by the Clerk of the Supreme Court, but shall be filed up carefully by number of the proper term of the Court in which the cause in which it was used was tried, ousts mavis 24. Sec. III. So much of the fourth section of the Act of which be paid with this is amendatory as prescribes four days within which cost shall be in 33 days. i ... n1 ,■ n paid and bond given be, and is hereby extended to thnty days. An Act to curtail the labor of the Clerk of the Supreme Court, uni to reduce the cost in said Court, and to authorize amendments in said Court.—Approved Feb. 23, 1850. Pam. 68. opinion not 25. Sec. I. Be it enacted, That from and after the passage of recorded. j-lnS Act, the Clerk of the Supreme Court shall not be required to record the opinion of the Court in cases decided in the Supreme Court. no charge 26. Sec. II. The Clerk of the Supreme 'Court shall make no for seals. charge for attaching the seal of said Court to the writ of error, cita¬ tion or remittance, [remittiter] or any precept issued by him. copy bin of 27. Sec. III. When exceptions are filed in any case in the Su- tobesentup.perior Court, the Clerk of the Superior Court shall make out a copy (1.) And the Judge should sign the same, though no notice was given of the exception! pending the trial and before judgment entered. 4 Ga. 609. If thirty-five days intervene, the writ will be dismissed. 6 lb. 43. It must appear affirmatively that it was within the time allowed. 6 lb. 481, 491, bl9. JUDICIARY.—Supreme Court—1847-'50. 455 Fees—Bill of exceptions—Amendments—Briefs of counsel. of the bill of exceptions, and send it up to the Supreme Court, on or before the first day of Court to which the writ of error is return¬ able, with the transcript of the record, and file the original bill °f j?1re'£inal exceptions in his office, for the inspection of all parties interest¬ ed.* 28. Sec. IY. The remitter shall consist of the judgment of the R9mittiter. Supreme Court and nothing more. 29. Sec. Y. The Clerk of the Supreme Court shall make no no fees for charge but for services actually performed; and for services per- performedot formed, he shall be allowed the same cost as are allowed by law to the Clerk of the Superior Court. 30. Sec. YI. All bills of exception and the copies thereof, shall Bin of ex- be amendable by order of the Supreme Court, so as to be made to amendable conform to the record of the cause.f1 An Act in relation to the Supreme Court of this State.—Approved Feb. 23, 1850. Pam. 141. Whereas, as it is essential to the proper administration of the laws that the sessions of the Supreme Court be held at such places as will afford the Judges the use of competent libraries, which is not the case under existing laws, for remedy whereof, 31. Sec. I. Be it enacted, That all bills of exceptions, writs of writ of er- error and citations in or from the Supreme Court shall be amendable amendable, without delay or cost, in conformity to the record or cause below.2 32. Sec. II. The Clerk of the Supreme [Superior] Court shallincopyof bin all cases retain the bill of exceptions in his office, and send up a copy of exceptl0ns thereof to the Supreme Court as a part of the transcript of the re¬ cord,3 and no costs shall be charged in the Supreme Court for a copy of the bill of exceptions. An Act to amend the several Acts in relation to the Supreme Court, so far as thexj relate to the Reporter and Assistant Reporter.—Ap¬ proved Feb. 23, 1850. Pam. 140. 33. Sec. I. Be it enacted, That it shall not be lawful for the Arguments Reporter of the decisions of the Supreme Court of this State, or his shan noT'be assistant, in any case hereafter to incorporate into, or publish withpublished- the decisions of said Court, or to insert into any volume of said reports any argument or brief of counsel farther than a simple statement or brief of the authorities referred to by said counsel, and the points made. •See next Act. fSee next Act. (1.) Prior to this Act, held otherwise. 7 Ga. 570, Since enforced, 8 lb. 817. (2.) Amending as to parties. 2 Kelly, 408. 6 Ga. 380. (3.) 8 Ga. Rep. 3S0, 439. 456 JUDICIARY.—Supreme Court—1S50. Sessions of Court—Fees of Atty. and Sol. General. An Act to change the time of holding the Supreme Court at, Cassville and Gainesville, and the Superior Court of Franklin County.— Approved Feb. 23, 1850. Pam. 140. Sessions for 34. Sec. I. Be it enacted, That from and after the first day of 4thdistrict. jy[ay nex^ sessions of the Supreme Court shall be held on the third Monday in April and October, for the fourth district, composed of the Western and Cherokee Circuits, alternately at Cassville and Gainesville, instead of the fourth Monday in March and September, as heretofore. Sec. II. [Local, as to Franklin County.] An Act to compensate Solicitors General for services rendered the State in the Supreme Court in criminal cases.—Approved Feb. 23, 1850. Pam. 375. FeosofAMy. 35. Sec. I. Be it eancted, That the Solicitors General of the General*, several judicial circuits of this State, for the rendition of official services in the Supreme Court in criminal cases, shall receive the following fees, to wit: In all cases where the punishment is less than confinement and labor in the penitentiary, the sum of fifteen dollars ; in all cases involving punishment by confinement and labor in the penitentiary, the sum of thirty dollars ; and in all cases where the punishment is death, the sum of fifty dollars. How paid. 36. Sec. II. Upon the presentation of the certificate of the Clerk • of the Supreme Court of the trial of the case or cases, and the ren¬ dition of the service, the Governor shall draw his warrant in favor of the Solicitor or Solicitors, in accordance with the provisions of the first section of this Act, any law to the contrary notwithstanding. JUDICIARY.—Sup'r and Inf'r Courts, Sessions, &c.—1796. 457 Analysis.—Number and times of session of Superior and Inferior Courts. II. SUPERIOR AND INFERIOR COURTS. AltT. I. JUDGES—SESSIONS AND ADJOURNMENTS. Sec. 37. ART. II. JURISDICTION. 1. Common Law. "Sec. 49. 2. Equity and Equity Practice. Sec. 61. ART. III. ACTION. 1. Commencement—Abatement and Dismissal—Scifa to make parties. See. 68. 2. Bail in Civil Cases. Sec. 84. 3. Parties. Sec. 100. 4. Pleadings and Proceedings pending Action, and herein of Amendment, Arbitration—Set-off, etc. Sec. 105. 5. Verdict—Judgment—Stay of Execution, and Appeal. Sec. 131. 6. New Trials. Sec. 157. 7. Costs in Civil Cases. Sec. 160. 8. Execution—Illegality—Sale and Writ of Possession. Sec. 170. ART. IV. BILLS OP EXCHANGE, NOTES, &e. Sec. 206. V. CERTIORARI, INJUNCTION AND NE-EXEAT. Sec. 215. « VI. CITIZENSHIP AND RESIDENCE. Sec. 242. « VII. CLAIMS AND FORTHCOMING BONDS. Sec. 248. " VIII. COMPUTATION OF TIME. Sec. 258. IX. CORONERS AND INQUESTS. Sec. 259. X. CORPORATIONS. Sec. 276. " XI. HABEAS CORPUS. Sec. 290. « XII. JOINT TENANTS. Sec. 293. « XIII. JURIES. Sec. 294. " XIV. LIENS. Sec. 318. " XV. LIMITATION OF ACTIONS. Sec. 332. " XVI. MORTGAGES—FORECLOSURE, &c. Sec. 358. " XVII. OFFICERS OF COURT. Sec. 363. " XVIII. PARTITION. Sec. 393. " XIX. PARTNERS AND PARTNERSHIP. Sec. 399. " XX. POSSESSORY WARRANT AND PROCEEDING THEREON, Sec. 429. XXI. SURETIES AND INDORSERS. Sec. 430. " XXII. USURY. Sec. 454. ART. I. JUDGES,* SESSIONS AND ADJOURNMENTS. Sec. 37. Sessions of Superior Court. " 38. Sessions Inferior Court. " 39. Adjournment by Clerk. " 40. Judge interested—Justices preside. " 41. Judges may alternate. " 42. Rules of Practice. Sec. 43. Adjournment Inferior Court. " 44. Adjournment Superior Court. " 45. Providential cause. " 46. Rules of Practice by one Judge. " 47. Judge's opinion on facts. " 48. Ground of Error. An Act to amend an Act entitled 11 An Act to revise and amend the Judi- ciary System of this State."—Approved Feb. 16,1799. Yol. I. 292. 37. Sec. I. The Superior Courts shall be held in each County sup'r c't* to in the respective districts twice in'every year, by one or more of the a ySir. w'te Judges of the Superior Courts, at the several times hereinafter men¬ tioned. [Table of Courts, corrected down to this time, 1850.] 38. Sec. II. The Inferior Courts shall be held twice in every inf'r courts year in each County, by the Justices of the said Inferior Courts, or atWiC0ayu,ir- majority of them,1 at the several times hereinafter mentioned. [Table of Courts, corrected down to this time.] •For Acts in reference to Judges practising as attorneys, see title " Attorneys." As to tlieir duty in writing out decisions on motions for new trials, certioraries, &c. ece Art. "Action," " New Trial," sec. 159. As to election and qualification of Justices of the Inferior Court, see title "County Officers," sec. 29. Exemption from Jury duty, sec Art. "Juries," sec. 317. Compen¬ sated by Act of 1806, Vol. II. 335, which however was repealed by Act oi 1809, lb. 551. [1.] A majority of the whole Court must concur in any judgment. 1 Kelly, 271. 4-38 JUDICIARY.—-Sup'r and Inv'r Courts. Number and times of session. EASTERN DIST. Bryan, Bulloch,* Camden, Chatham, Effingham,* Glynn, Liberty, Mcintosh, Wayne, MIDDLE DIST. Burke, Columbia, Emanuel, Jefferson, Montgomery, Richmond, Scriven, Tatnall, Washington, NORTHERN DIS. Elbert, Hancock, Lincoln, Madison, Oglethorpe, Talliaferro, Warren, Wilkes, WESTERN DIST. Clarke, Franklin, Gwinnett, Habersham, Hall, Jackson, Rabun, Walton, OCMULGEE DIS. Baldwin, Greene, Jasper, Jones, Morgan, Putnam, Wilkinson, SOUTHERN DIS Appling, Clinch, Irwin, Laurens, Lowndes, Pulaski, Telfair, Thomas, Twiggs, Ware, SUPERIOR COURTS. Thurs. after 3 Mon. April and do. after the Mon. after 4 Mon. Nov 3 Tuesday March and Thurs. before last Mon. Oct. 1 Mon. April and 3 Mon. Nov. 2 Monday January and May. Friday after 3 Tuesday March and last Monday Oct. 2 Mon. Apr. and 4 Mon. Nov. 3 Mon. April and Mon. after 4 Mon. Nov. Thursday after 2 Mon. April and " after 4 Mon. Nov. Friday alter 1 Monday April and " after 3 Monday Nov. 3 Mon. May and Nov. 3 " March and September, 3 " April and October, 1 " June and 2 Mon. Nov. 2 " April and October, " January and June, " April and October, Thurs. after 2 Mon. April and Oct. 4 Monday March and September, 3 Monday March and September, April and October, March and September, April and October, March and September, April and October, March and September, February and August, March and September, " April and October, " March and September, " February and August, Thurs. after 1st Mon. April & Oct 3 Monday February and August, INFERIOR COURTS. 1 Monday January and June, February and July, January and June, February and July, January and June, Last Monday May and December, 1 Monday January and July, 1 " February and July, 1 " January and July, 66 61 66 1 " February and August, Thurs. after 1 Mon. March ~ 2 Monday January and July, 2 4 February and August, January and July, 4 Monday February and August, March and September, April and October, March and September, April and October, Monday after the Courts in Ware, 2 Mon. after 4 Mon. May and Nov. Thurs. after 4 Mon. April and Oct. 1st Monday March and September, Mon. after 4 Mon. May and Nov. 3 Monday in April and October, 4 " May and November, '•* April and October, Thursday after the Court in Clinch January and July, Feb. and 3 Mon. August, February and July, January and July, January and June, June and December, February and August, May and November, April and October, January and July, June and December, January and July, May and Nov. Monday May and November, " June and December, " January and July, L6 66 U " June and December, « u .i " January and July, June and December, April and October, Jan. and 1st Mon. July, June and December, February and August, Jan. and 1st Mon. July, " and July, April and October, *An Act was passed in 1847, the body of which changed the sitting of the Spring Terms of these OoOJt*, the title differing therefrom, the Act has not been enforced. Bee Pam. 91. Compiles. JUDICIARY.—Sup'rand Inf'r Courts. 459 Number and times of sessions. SUPERIOR COURTS. 8 Monday Jan. and 1 Monday July, 3 " March and September, 1 " February and August, April and October, FLINT DISTRICT Bibb, Butts, Crawford, Henry, Houston, Monroe, Newton, Pike, Upson, CHATTAHOOCHIE Harris, Marion, ] Muscogee, Stewart, Talbot, CHEROKEE DIS Cass, Chattooga, Cherokee, Dade, Floyd, Forsyth, Gilmer, Gordon, Lumpkin, Murray, Paulding, Union, Walker, COWETA DIST. Campbell, Carroll, Cobb, Coweta, DeKalb, Fayette, Heard, Meriwether, Troup, SO.WESTERN D: Baker, Decatur, Dooly, Early, Lee, Macon, Randolph, Sumter, March and September, February and August, April and October, March and September, May and November, April and October, March and September, 1 " February and August, 4 " April and October, 3 " February and August, 3 " April and October, 3 " January and July, 4 " February and August, 3 " March and September, 2 " May and November, Mond. aft. 4 Mond. Feb. and Aug 4 Monday March and September. 1 " May and November. 2 r' all other necessary powers appertaining to their jurisdictions respec¬ tively, according to law ; and where any of the said Courts shall fail to meet, the proceedings in such Courts shall not thereby be discon¬ tinued, but shall stand continued over in the same manner as if such failure had not been ; and all witnesses going to, attending on, and witnesses returning from any of the said Courts, shall be free from arrest on any [^from ar* civil process.]; 51. Sec. VI. The said Courts shall have power on the trial of causes courts may cognizable before them respectively on ten$ days' notice, and proof pSfction thereof being previously given to the opposite party, or his, her, or p™00]^' pa^ their attorney, on motion to require either party to produce books and other writings, in his, her, or their possession,H power or custody, which shall contain evidence pertinent to the cause in question, under circumstances where such party might be compelled to produce the same by the ordinary rules of proceeding m Equity ; and if the plain¬ tiff shall fail or refuse to comply with such order, it shall be lawful for the Court on motion to give judgment against such plaintiff as in case of nonsuit; and if the defendant shall fail or refuse to com¬ ply therewith, the Court on motion shall give judgment against such defendant as in case of judgment by default f and the said Courts respectively shall have power and authority to establish copies of lost Ami est_ab- papers, deeds, or other writings, under such rules and precautions as lost papcf f are or may have been customary and according to Law and Equity.** Au Act declaratory of the fifty-third section of an Act, entitled an Act *This title applies only to this Act. For special powers, granted the Superior Courts, by this Act, to grant new trials and writs of certiorari, sec those subdivisions, respectively. +>Sec Article XIII. "Juries." J For Acts in relation to witnesses, their fees, &c. see "Evidence," sec. 31. $But see Act of 1811, sec. .31, prescribing the time, according to distance. II As to subpuena duces tecum for persons not parties, see "Evidence," see. 36. Same powers extended to Courts of E.juity, see sec, 67. **See " Conveyances," sec. 18, as to papers lost during the war. [1.] A motion or case cannot originate and be determined in vacation, except where au¬ thority is expressly given. But by rule during term, the hearing and determining a case may be in vacation. 1 Kelly, 300. 12.J Does not apply to Equity causes. 7 Ga. 467. 464 JUDICIARY—Sup'r and Inf'r Courts—Jurisdiction—1S20. Aliunde Statute—Notice to produce papers. to amend an Act, entitled an Act to revise and amend the Judiciary of this State, passed 16th February, 1799.—This Act passed Dec. 21st, 1S20. Vol. IY. 203. Preamble. 52. Whereas, the said recited section is in the words following, to wit: that the Superior Courts in the several Counties shall exer¬ cise the powers of a Court of Equity, in all cases where a Common Law remedy is not adequate to compel parties in any cause to dis¬ cover on oath all requisite points necessary to the investigation of truth and justice, to discover transactions between copartners and co-executors, to compel distribution of intestate estates, and payment of legacies, to discover fraudulent transactions for the benefit of credit¬ ors, and the proceedings in all such cases shall be by bill, and such other proceedings as are usual in such cases, until the setting down of the cause for trial; and the Courts shall order the proceedings in such manner as that the same shall be ready for trial at furthest at the third term from the filing such bill inclusive, unless very special cause be shown to induce the Court to continue the same, which shall not extend to more than four terms ; and all such bills shall he read and sanctioned by one of the Judges, and a copy thereof served on the opposite party at least thirty days before the filing of such bill in Court; and the party against whom such bill shall be filed, shall appear and answer to the same at the next Court; and if he, she, or they shall fail to do so, the facts in the said bill shall be taken pro confesso, and the Court may proceed to decree as to justice shall appertain; and whereas, under the construction of the said recited 1 section, the Equity side of the Court has drawn to itself exclusively all cognizance of the cases in said section enumerated, even when such cases depend upon aliunde proof, to the manifest embarrassment of justice in many cases, to the injury of the good citizens of this State ; for remedy whereof, m.rUes pari- Be it enacted, That from and after the passing of this Act, when- rfr on rho'" ever'[in] any of the cases enumerated in the before recited section, 'f'.v'Vu-nf a plaintiff or complainant shall conceive that he, she, or they can es- piTc'iie^to ta-J^sh his, her, or their claim, without resorting to the conscience of fme,nncr not the defendant, it shall and may be lawful for every such plaintiff or as heretofore .. i • , i • • . x „ compelled to complainant to institute his, her, or their action upon the Common t.'ioity. Law side of the Court, and shall not be held to proceed with the fops of Equity j1 any law or usage to the contrary notwithstanding. Those tt-ho ®EC- hi- All parties in any of the cases mentioned in the be- o,omw™ca~ the production of books, papers, or other writings, to be used as evi- served, dence upon the trial of any cause cognizable before the Superior or Inferior Courts of this State, as provided for in the sixth section of the Judiciary Act of seventeen hundred and ninety-nine, shall be as follows, to wit: if the party notified rpside in the County where said suit is pending, shall be ten days ; if out of said County and not 15. within more than one hundred miles distant, fifteen days ; if over one hun- so?between dred miles and less than two hundred, twenty days ; if two hundred 209 miles or more, or beyond the limits of this State, sixty days. tTedsntTtof 55. Sec. II. In case of the service of any notice as aforesaid, continuance where it shall be made clearly and satisfactorily to appear to the Court before which the cause is pending, that the party notified has used due and proper diligence, but cannot respond to said notice, that it shall be continued at the instance of the parties notified. Sec. III. [As to sci.fa. to make parties, see "Commencement," &c. Scifa. sec. 76.] Sec. IV. [Repealing clause.] An Act to authorize parlies to compel discoveries at Common Law. Approved Dec. 17, 1847. Pam. 197. 56. Sec. I. Be it enacted, That from and after the passage of discovery this Act, that any party plaintiff or defendant in any action,* at Com- at Com.non mon Law, pending in any Superior or Inferior. Court of this State,Law" wishing a discovery from the adverse party, to be used in evidence at the trial of such action, may file written interrogatories to such party, and call upon him to answer the same in solemn form, on oath or affirmation ; and if, upon such interrogatories being filed, it shall appear to the Court, by the oath of the party filing the same, or otherwise, that answers to such interrogatories will be material1 evi- order, dence in the cause, and that the interrogatories themselves are per¬ tinent, and such as the adverse party would be bound to answer up-, on a bill of discovery in a Court of Chancery, the Court shall allow such interrogatories, and shall make an order,f requiring the adverse party to answer the same in writing, and in solemn form, on his oath *As to discovery of usury, see Art. XXII. "Usury," sec. 454. flu vacation, if necessary, sec. 57. f I.] Need not appear indispcnsit/lc, 7 Or. 337. The order should recite on what evidence granted, lb. 59 466 JUDICIARY.—Sup?r and Inf'r C'ts—Jurisdiction—1847—'50. »i 4 Discovery at Common Law, Answer. or affirmation;1 and the anstver to such interrogatories, being so given and filed,2 shall be evidence at the trial of the cause, in the* same manner, and to the same purpose and extent, and upon the same condition, in all respects, as if the same had been procured up¬ on a bill in Chancery for discovery, but no further or otherwise. Faiiins, or And if the party to whom interrogatories shall be so propounded, and eva'iveivf w'10 shall be so required by the Court to answer the same, shall in thcCattach S]'xtY days after notice and copy of such interrogatories served on him, fail to make answer in manner aforesaid, or shall answer the same evasively* the Court may attach him and.compel him to answer in open Court, or it may continue the cause, and require more direct or give juiis- and explicit answers ; or if the party to whom such interrogatories llf0T non~ shall be propounded, be defendant in the action, it may set aside his plea or pleas, and give judgment against him by default; or, if the plaintiff, may order his suit to be dismissed with cost; as shall in the discretion of the Court, be deemed most just and properj Pro1 Proviso. vided, That nothing in this Act contained shall preclude any party to such action from exhibiting his bill in Chancery for discovery touching the same matters.. An Act amendatory of an Act assented to on the 17th December, 1847, entitled an Act to authorize parties to compel discoveries at Common Law.—Approved Feb. 23, 1850. Pam. 151. order may 57. Sec. I. Be it enacted, That from and after the passage of vaauion.1^in this Act, whenever any party plaintiff or defendant in any action at Common Law pending in any Superior or Inferior Court of this State, shall wish to avail himself or herself of the provisions of the Act as¬ sented to on the 17th December, 1847, entitled " an Act to authorize parties to compel discoveries at Common Law," it shall and may be lawful for such party to make out and present his or her interroga¬ tories to the Court in which such action is or may be pending, to the Judge of the Superior Court or a Justice of the Inferior Court in va¬ cation, and when such interrogatories are presented in vacation, and are allowed by such Judge or Justice, the said Judge or justice shall make and grant an order requiring the adverse party to answer the same in writing in solemn form on oath or affirmation, which order, together with said interrogatories shall be returned to the Clerk of the Court in which such action is pending, and shall filed in liis office, and the said order shall be as good and effectually compel the discovery sought for as if the same had been granted in Court—any law, usage or custom to the contrary notwithstanding.! non-resi- 53, Sec. II. When the plaintiff in any cause shall reside out of rient plain- • i • i i • i t • /» tiffs. the County m which the action may be pending, a service of dcopy *Time given to answer in certain cases, see sec. GO. file-enacted, substantially, by same Legislature ; sec "Evidence," Art. I. Interrogato¬ ries, sec. 16. [1.] The answers should be such as required to a bill of discovery. 6 Ga, 250. (2.) A party may file his answers under protest and require the Court to decide whether they shall be read. 7 Ga. 377. JUDICIARY.—Sup'r and Inf'r C'ts—Equity, §*c.—1799. 4G7 Time to answer—Equity, Powers and Practice. cffsaiJ interrogatories and order upon the attorney of the plaintiff shall he sufficient service on such plaintiff. 59. Sec. III. The provisions of the Act amended by this Act extended to and of this Act shall be applicable to the Court of Common Pleas of ',ty ours' the City of Augusta and to the Court of Common Pleas and Oyer and Terminer of the City of Savannah. 69. Sec. IY. Where it shall be made to appear to the Court that time to an the time allowed for the answer to the interrogatories to come in shall ' from any cause not he sufficient, the Court may allow such further time as the circumstances of the case may require. 2. EQUITY JURISDICTION AND PRACTICE.* Sc. Gl. Equity Jurisdiction. " " 62. Perpetuating testimony. " 63. Sanctioning of bills. " Gl. Pill by one distributee. Sec. 65. Service by publication. " 66. Decree for spcdiic performance. " 67. Production of books and papers. Judiciary Act ofl&th Feb. 1799.—[For Act in full, see Appendix.] 61. Sec. LIILf The Superior Courts in the several Counties shall Btiuitab,° 1 powers oi exercise the powers of a Court of Equity, in all cases where a Com- tne superior mon Law remedy is not adequate1 to compel parties in any cause to discover on oath all requisite points necessary to the investigation of truth and justice, to discover transactions between copartners and co- executors, to compel distribution of intestate estates, and payment of legacies, to discover fraudulent transactions for the benefit of creditors, and the proceedings in all such cases, shall be by bill, and such other proceedings as are usual in such cases, until the setting down of the cause for trial]: and the Courts shall order the proceedings in such W!,pn cris manner as that the same shall be ready for trial at furthest at the third estAsWr1'' term from the filing such bill inclusive, unless very special cause be BHis'how. L shown to induce the Court to continue the same, which shall notserveJ' extend to more than four terms; and all such bills shell "be read and sanctioned by one of the Judges,§ and a copy thereof served [| on the opposite party at least thirty days before the filing of such bill in *pnr various Acts in relation to writs of Injunction and Jfs.Exccit, see Art. V. "Cer- turarie-s, Injunctions, &c." sec. 215. l>y Act of I860, l'am. 57, Masters in Chancery' were appointed'for Chatham, Rich-, nioad and LTbb Counties ; by Act of 1838, Para. 155, for Burke and Monroe, and by Act of IS 12, Pain. 82, for Hall, Pranlclin and Habersham Counties; and by Act of 1850, l'am. 276, for Muscogee, Talbot and Stewart. fCouonrrent jurisdiction given to the Courts of Law, see sec. 52. Also to compel dis-. cowry, see. 56. JSee note to sec. 151, under "Appeal," as to Jury trial and appeals in Equity cases._ $But see sec. 68. || Sen ice by publication, see see. 65; sendee on " Corporations," see subdivision. " Counueiicement, Ac. Action," see. 80. (1.) In cases of account, see 1 Kelly, 376. 7 Ga. 206; 8 Ga. 97. May grant new trials in Common Law Courts, 6 Ua. 172. The Judge alone is Chancellor, 8 Ga. 41. 4GS JUDICIARY.—Sup'r and Ine'r C'ts—Equity, fyc.—1827-'36. Perpetuating testimony—Sanction of bills—Parties to bills of account, &e. , ^ * 1 Answer: Court j1 and the party against whom such bill shall be filed, shall ap- Decree pro pear anq answer to the same at the next Courtand if he, she, or GOltfCSSO* 1 7 ' 7 they shall fail to do so, the facts in the said bill shall be taken pro confesso, and the Court may proceed to decree3 as to justice shall appertain. judges may 62. Sec. LIX. [The first part of this section directing the annu- testlixiony. al convention of the Judges, repealed, Yol. II. 38, and in part re-en¬ acted in 1821. See sec. 42.] And the said Judges, or any of them, shall have power to perpetuate testimony on such terms and in such manner as is usually practised in Courts of Equity.* An Act to repeal a part of an Act. entitled an Act to revive [revise] and amend the judiciary system of this State passed on the 16ih day of Feb. 1799.—Approved Dec. 24, 1827. Yol. IY. 219. Equity iiiiis 63. So much of the said above-recited Act' as requires the Judges sanctioned, of the Superior Courts, or one of them, to read and sanction bills in Junction", Equity other than bills of injunction,4 nc cxcatf and quia timet, be- Indw^cat. f°re die filing of said bills in Court, shall be, and the same are hereby repealed. An Act to authorize any one distributee or person interested in an estate, to institute proceedings in Equity, without joining as com- plainanis, or making respondents, other distributees residing in the jurisdiction of the Court.—Approved Dec. 29, 1836. Pain. 158. wimtOTdTs- ^4. From and after the passage of this Act, it shall and may be need not ^^'ul, for any one distributee, or person interested in any estate, to join nil Par- institute his or her bill, or other proceeding in Equity, to compel ail ed's uuoiest~ accoUnt or distribution of an estate, without joining as complainants, or making respondents, the other distributees, or persons having an interest in said estate, residing within the jurisdiction of the Court: Proviso. Provided, however, it shall be the duty of such complainant, to state in his or her hill, or other equitable proceeding, the names of. all the dis¬ tributees, or persons having an interest in said estate, that the Court may be enabled to ascertain the amount of the distributive share, to which such complainant is entitled, as nearly as practicable. *But see "Evidence," sec. 7, as to taking testimony de bene esse. f See Art. Y. " Certioraiies, Injunctions, Ne exeat, &e.}" see. 215. (1.) May be served by a private individual, 5 Ga. 251. The defendant's name being omit¬ ted in the suhp&iM, does not vitiate it, Ibid. (2.) Answer by corporation, 3 Kelly, 435; next after that to which the bill is returned, 8 Ga. 107. (3.) Decree need not recite pleadings, 3 Kelly, 121; may be enforced by ca. sa, Ibid; can¬ not be made by Judge in vacation, 3 Ibid. 162. As to amendments in Equity Pleading, see 8 Ga. 313. A decree by consent is valid, 8 Ga. 354. [4.] The affidavit of cne of several complainants sufficient 3 Kelly, 435. JtJDICIARY.—Sup'r and Xnf'r C'ts—Equity, <§'c.—1.838—'50. 469 .Publication—Specific performance—Rights of strangers. An Act to regulate the, publication of rules, writs, bills, orders, and precepts of Court, relative to cases in Equity, to fx the cost there¬ of, and to amend certain defects, &fc.—Assented to Dec. 29, 1838. Pam. 168. 65. Sec. I. When service of any process, writ, bill, order, or Publicafi°n rule of Court, relating to cases in Equity, shall be required to be month for 4 made by publication in any of the public gazettes of this State, the suf" publication of the same as aforesaid, once a month, for four months, shall be deemed, held, and taken to be sufficient,* and the Clerk shall receive for such publication, the sum of five dollars.1 Sec. II. [Defects in process, see u Commencement, &c. Action," sec. 73.] Sec. III. [Declaration in attachment, see '■'Attachment," sec. 52.] Sec. IY. [Repealing clause.] An Act regulating proceedings in Equity.—Assented to Dec. 23, 1839. Pam. 141. 66. Sec. I. Be it enacted, That when a complaining party Decree on seeks, through a Court of Equity, the specific performance of an cine f£l-*pe~ agreement to convey land, and a Jury shall find in favor of the fcnBance- complaining party, it shall be the duty of the Court to cause the de¬ scription of the land to beset forth in the judgment of the Court, and signed by the attorney of the complainant, which judgment shall be entered on the records of the Court, (if for land,) and shall be recorded in the County where the land lies ; which judgment and Recorded, decree shall pass the title without any act to be done by the defend- passes tltic' ant, and such judgment or decree having been recorded, shall be as effectual to transfer the property as the deed of the defendant; Pro¬ vided, that the said judgment or judgments shall not affect any per- Ri?Ms of son except the party or parties to said bill, further than the deed of^'f 1>er~ the defendants would have done, if executed in pursuance of said decree ; and as decisive of the title as if the complainant had recov¬ ered in ejectment, and a writ of possession shall issue as in case of Writ ef poS- a recovery in ejectment, when the defendant to the bill is in posses- SG3°lcn- siqn.f An Act, to amend an Act entitled an Act u to a,mend an Act entitled an Act to revise and amend the Judiciary system of this State f and also to amend an Act entitled "an Act to alter and amend the sixth section of the Judiciary Act of this State," passed in the year ♦As to service of an Injunction on a non-resident, see Art. V. " Certioraries, Injunc¬ tions, &c." sec. 221. fAs to writs of possession, see Art. III. "Action," sees. 176, 18 f. (1.) It must be four full months and once in each month, 3 Kelly, 23. The effect and object of this Act as to non-resident defendants considered, 5 Ga. 507. JUDICIARY.—Sup'r and Inf'r C'ts—Action—1799. Books &c.—Petition and process. 1799, so far as relates to the notices provided for in said sectionr and to prescribe the mode of issuing scire facias therein provided for.—Approved Jan. 29, i.850. Pam. 273. introduction 67. Sec. I. Be it enacted, That the provisions of the above papers^ and mentioned Acts* in relation to producing hooks, writings, papers, Ac. shall extend to causes in Equity in the same manner in every respect as they now extend to and embrace any other causes; Provided, That nothing herein contained shall be construed to restrain the pow¬ ers of Courts of Equity to effect the same object by other means. ART. III. ACTION. 1. Commencement—Abatement and Dismissal—Scifa to make parties. Scc.G8. 2. Bail in Civil Cases. Sec. 84. 3. Parties. Sec. 100. ■ 4. Pleadings and Proceedings pending Action, and herein of Amendment, Arbitration—Set-off, etc. Sec. 105. 5. Verdict—Judgment—Stay of Execution, and Appeal. Sec. 131. 6. New Trials. Sec. 157. 7. Costs in Civil Cases. Sec. 100. 8. Execution—Illegality—Sale and "Writ of Possession. Sec. 170. 1. commencement, abatement and dismissal of action ) sci. fa. to make parties.f Sec. 68. Petition and process. " 69. Co-obligors and promisors. " 70. Executor and administrator exempt 12 months. " 71. How made parties. " 72. Process served 17 days. " 73. Process—Judge dying. " 74. Officers of adjoining County. " 75. Process—Sheriff a party. Sec. 76. Sci. fa. to make parties. " 7,7. Administrator de bonis, &c. a party, " 78. Piling—commencement. '• 79. Dismissal in vacation. " 80. Service on corporations. " 81. Service of iici. fa. " 82. Time of issuing. " 83. Tort—producing death. Judiciary Act of 16th February, 1799.—[For title, see sec. 37.] Petition and 68. Sec. YIII. All suits of a civil nature eognizable in the said process r Courts respectively, shall be by petition to the Court, which petition shall contain the plaintiff's charge, allegation or demand, plainly, fully *Ses sees. 51, 56. f For Acts in relation to suits against representatives of deceased obligor, with survi¬ vor or survivors, see "Parties,"' sec. 100. Also, as to sureties on executors', adminis¬ trators' and guardians' bonds, sec. 101. As to amendments of all matters of form, see "Pleadings," &c. sec. 105, 109, 129. Suits by and against partners, see Art. XIX. "Partners," &c. sec. 412, 426. Against sureties and indorsers who appear such, see Art. XXI, " Sureties and Indorscrs," sec. 447, 451. As to count for mesne profits, in ejectment, see " Pleadings and Proceedings pend¬ ing Action," sec. 115—Por Act defining the residence of citizens, see Art. YI. " Cit¬ izenship and Residence," sec. 242 of this title. As to suits to enforce a lien, see Arrt. XIV. " Lien." As to revival of dormant judgments, see " Verdicts, Judgments," &c., sec. 140,156. As to suits by foreign executor, administrate* or guardian, see title " Executors, Ad¬ ministrators," Ac., 132, 172. JUDICIARY.—Sup'r and Inf'u C'ts—Action—1799. 471 Petition and process—Joint obligors. and distinctly set forth,*1 and be signed by the plaintiff, or his, her or their attorney, and to which petition the Clerk shall annex a process,! signed by such Clerk, and bear test in the name of one of the Judges or Justices of such Court, directed to the Sheriff, requiring the defendant or defendants to appear at the Court to which the same shall be made returnable, and shall be served on the defendant to be swved or defendants at least twenty days! before the return thereof, by de- fore court" livering a copy of such petition and process to the defendant or de¬ fendants, or leaving such copy at his, her, or their most notorious place or places of residence.«§> And if any such process shall be delivered to the Sheriff or other officer, whose duty it shall be to ex¬ ecute the same, so late that it cannot be served in manner aforesaid, twenty days! before the sitting of the Court to which it shall be return- ^turned!6 able, such process shall not be executed, but the officer shall return the same, with the truth of the case. And if any original civil process shall be taken out within twenty days of the next Court, the same shall be made returnable to the next Court to be held after the expiration of the said twenty days, and not otherwise. And allAUo{her process issued and returned in any other manner than that hereinbefore p"»cess void directed, shall be, and the same is hereby declared to be null and void.2 Sec. IX. [Re-enacted and amended, sec. 75.] 69. Sec. XI. In all cases where a suit shall be instituted in any joint of the. said Courts, on any bond, note, or other written obligation, sub- rs,^or scribed by several persons, who reside in different Counties, the residing m plaintiff shall have his option to institute his suit in either of the counties, said Counties, and the Clerk shall issue the original petition and pro¬ cess, and a copy or copies in such County, against the defendant or defendants who may reside therein, in the manner directed by this Act; and shall also issue another original, and copy or copies thereof, for the defendant or defendants, resident in other County or Counties ; and it shall be the duty of the plaintiff, his agent or attorney, to cause such original and copies to be delivered to the Sheriff or other officer in such other County or Counties, who shall execute and return the same to the Court from whence they issued, in such manner as is hereinbefore directed,( and on such return the plaintiff may proceed as in other cases. || *Scc subdivision "Pleading," &c, this Art. for further provisions as to form of peti¬ tion and answer. tlf process is waived, need not be attached, see " Fees," Sec. sec. 4-9. ^Seventeen days, by Act of 1829, sec. 72. §As to what constitutes residence, see Art. VI." Citizenship and Residence," sec. 242. ||When but one served, see sub-division "Parties," of this Art. sec. 103. As to pica of infancy by one, see "Pleading," &c. sec. 112. As to suits against sureties to Administrators, See. bonds, see " Parties," sec. 101. (1.) On a note for rent, omitting the words " of a store house," is not fatal, 2 Kelly, 124, Rale of pleading prescribed,lb 2-58 Common counts insufficient, 3 lb. 79. (2.) Process taken out more than twenty days before Court, but altered and made returna¬ ble to a succeeding term, is void. 6 Ca. 44. 472 JUDICIARY.—Sup'r and Ikf'r CAs—Action—1799-1829. Executors, &c. parties—Death of party—Service of process. executors and administrators.* expand 70. Sec. XII. No suit or action shall be issued against any exectt- cmpurom tor or administrator, for any matter or cause against the testator or wiuiamos. jntestate 0f such executor or administrator, in any of the said Courts, until the expiration of twelve months after probate of the will of such testator, or letters of administration, granted on the estate of such intestate.f1 Suits shah 71. And no suit in am; of the said Courts shall abate by the death ueath ofpar- of either party, where such cause of action would in any case survive caule'ofac- to t^ie executor or administrator, whether such cause of action would ti .n sur- survive in the same or any other form, but the same shall proceod as if such testator or intestate had not died, under the restrictions and regulations following.2 When a plaintiff shall die, in any case afore¬ said, the executor or administrator of such plaintiff shall, within three months after taking out probate of the will, or letters of administra- scire fadas. tion, give notice to the defendant or defendants, by scire facias,^; to issue out of the Clerk's office, returnable in the manner hereinbefore prescribed for the issuing and return of process ; and in cases where the defendant shall die, it shall and may be lawful for the plaintiff to issue a scire facias in manner aforesaid, immediately after the expi¬ ration of twelve months, requiring such executor or administrator to appear and answer to the said cause.$ Feme sole. And where a feme sole, being plaintiff, shall marry pending any suit, the same shall not abate by reason of such intermarriage, but the same being suggested on the record, such cause shall proceed in the name of the husband and wife. An Act for the relief of Sheriffs in certain cases—Approved 22d De¬ cember, 1829. Vol. IV. 408. Whereas, it is frequently oppressive upon Sheriffs to serve and return all writs and processes within the time prescribed by law ; for remedy whereof, 72. Be it enacted, That from and immediately after the passing o! this Act, it shall not be necessary, as heretofore, for the Sheriffs of this State to serve all writs and processes at Common Law twenty days *See title " Executors," &c. for the several Acts in relation to thcrn. fSec. 77, as to administrator de bonis non. ^Contents of scire facias, see Act of 18-11, sec. 73. See also sec. 82. §For other provisions as to making executors and administrators parties in particular cases, see sees. 77, 81, this title. See also "Executors, Administrators," &c. sees. Ill, 118, 92, 100. In attachments and garnishments, see " Attachment and Garnishment," sees. 8,51, 55. In claim cases, see Art. VII. " Claims," &c. sec. 255. (1 ) An in junction may he served within the twelve months, where no recovery is sought against the administrator. 6 Ga. 299. (2 ) Action of debt against Sheriff for an escape survives under this Act. 1 Kelly, 514. Action survives although both parties be dead. 2 lb. 81. On death of usee, representative should be made a party, even in claim cases. 3 lb. 159, JUDICIARY.—Sup'r. and Inf'r C'ts—Action—183S-M0. 473 Service of process—Office vacant or officer interested. before the sitting of the Court to which the same may be made re- turnable, but the same may be served and'returned seventeen days ^vo ai^ before the sitting of the Court; Provided,, nevertheless, that all writs processes and processes shall be copied and issued, as heretofore, twenty d ays days'pre^d- before the sitting of the Court to which the same may be made re- turnable; any law, usage, or custom to the contrary notwithstanding. Proviso. An Act to regulate the Publication of Rides, Wilts, Bills, Orders and Precepts of Court, relative to cases in Equity, to fix the cost there¬ of\ and to amend certain defects in the Process of Writs, and to prescribe the time of filing Declarations in Attachments.—Assent¬ ed to, 20th Dec. 1838. Pam. 168. Sec. I. [See Art. II. Equity Jurisdiction and Practice, sec. 65.] Process does 73. S ec. II. When any process or writ shall bear test in the name of death oT "" any Judge of the Superior Courts of this State, who shall have diedJud§e* before the issuing the same, said writ or process shall not abate there¬ for, but the same shall at any time be amended, on motion, without delay, or costs. Sec. III. [See u Attachment," &c. sec. 52.] Sec. IV. [Repealing clause.] An Act to authorize the Justices of the Inferior Court for the several Counties of this State, to elect the Clerk of the Court of Ordinary.—. Assented to, Dec. 21, 1839. Pam. 41. Secs. 1 & II. [See " County Officers," sees. 69, 70.] 74. Sec. III. And be it further enacted, If any County shall re- n fuse or neglect to elect a Clerk or Sheriff, for sixty days after a va- and cierk of cancy shall have occurred in either of said offices, that suitors county11 Lay and plaintiffs may apply to any Clerk or Sheriff of an adjoining:,ct County, and have the required duty performed by them, or either of them, in the same manner as a Clerk or Sheriff in said County might have done. Sec. IV. All Acts or parts of Acts militating against this Act, be and the same are hereby repealed. An Act to alter and' amend the 9th Sec. of the Judiciary Act of 1799, and the 1st See. of an Act relative to Executions, passed Dec. 14, 1811.—Assented to Dec. 22, 1840. Pam. 113. 75. Sec. I. All original process hereafter .issued by the Clerks of where svir the Superior and Inferior Courts respectively, whore the Sheriff who Coroner"or ' ought to execute the same, shall be anywise interested, shall be di-f0^ngOfad" rected to the Coroner of the County in which said Sheriff may re- aC°"nty may side, and to the Sheriffs of the adjoining Counties, and shall be ser¬ ved and returned by the said Coroner, or the Sheriff of any one of 60 474 JUDICIARY.—Sup'r and Inf'r Cf'ts—-Action—1811—'43. Sci. ja.—Administrator de bonis non—Commencement of suit. such adjoining Counties, at the option of the plaintiff, within such time and in such manner as required by law in other cases.* An Act to alter and amend the 6th sec. tifc., and to 'prescribe the mode of issuing scire facias in certain cases therein provided for.—x Assented to Dec. 11,1841. Pam. 142. Secs. I & II. [As to notice to produce papers, see " Jurisdic¬ tion," sees. 54, 55.J Sci. fa. to ^ 76. Sec. III. All scire facias hereafter to be issued for the pur- iiiu w partis pQse 0£ ma}riPio- parties to any suit at Law or Equity pending in the Superior or Inferior Courts of this State, shall be issued by the Clerk contents. 0f sajq Court; in which it shall be sufficient for said Clerk to state the names of the parties, the term of the Court to which said case was made returnable, and the name of the suit or action requiring the party to appear and show cause why he should not be made par¬ ty to said cause, without setting forth the substance of the bill or declaration, or the proceedings had thereon, as heretofore practised. Sec. IY. All laws and parts of laws militating against the pro¬ visions of this Act, be, and the same are hereby repealed. An Act to amend the twelfth section of an Act entitled an Act to re¬ vise and amend the Judiciary system of this State, approved February 16, 1799.—Assented to Dec. 18, 1843. Pam. 121. adm'r de 77. Sec. I. Be it enacted. That from and immediately after the madeTpar- passage of this Act, in all cases where an executor or administrator u- may be dismissed before final administration, it shall and may be lawful to commence suit against the succeeding executor or admin¬ istrator for any matter or cause of action against the testator or in¬ testate of such executor or administrator, in the several Courts of Proviso. Law and Equity in this State ; Provided, twelve months shall have expired after the probate of the will of the testator or the date of the first letters of administration. An Act to define and determine what stage of a suit at Law shall be regarded the commencement of action.—Assented to Dec. 23,1843. Pam. 126. Whereas, conflicting opinions exist in the different judicial cir¬ cuits of this State in reference to what stage in the progress of a suit at Law, is the commencement of action, Filing of the 78. Sec. I. Be it therefore enacted, That from and after the commence- passage of this Act, the filing of the writ in office shall be regarded ment of the anq considered the commencement of action; Provided, it shall be action. ' ' the duty of the Clerk to enter on the declaration the time when said *For former Act on on this subject, see Art. XVII. "Officers of Court," sec. 379. JUDICIARY.—Suphi and Inf'k. C'ts—Action—1843-'45. 475 Dismissal pf suit—Service on Corporations. declaration is filed in office'; to which entry said Clerk shall sign his name. - Sec. II. All laws and parts of laws militating against this Act be, and the same age hereby repealed. An Act to enable parties plaintiff in suits commenced in the Superior and Inferior and other Courts of this State, to dismiss their actions ■ during the vacation of said Courts, on the same terms they are now authorized to dismiss actions at the regular terms of said Courts.—Assented to Dec. 23, 1843. Pam. 122. 79. Sec. I. Whereas, inconvenience and delay frequently occur by reason that parties plaintiff who commenced suits in the Superior or Inferior and other Courts of this State, cannot dismiss their actions except at the regular terms of said Courts, Be it therefore enacted, That from and after the passage of this plaintiff* Act, parties plaintiff who have commenced, or may hereafter com- Ei vacau n!3 mence suits in the Superior or Inferior and other Courts of this State be, and they are hereby authorized to dismiss1 their actions during the vacation of said Courts, on the same terms they are now authorized to dismiss actions at the regular terms of said Courts. Provided, that such dismissal shall be first entered on the docket by Entered t>y the Clerk of the Court in which said suit may be pending, during 1hf clfclk' the vacation of said Court. Sec. II. All laws and parts of laws militating against this ^.ct be, and the same are hereby repealed. An Act to provide for the service of original process upon Corpora¬ tions.—Approved Dec. 27, 1845. Pam. 40. 80. Be it enacted, That from and after the passing of this Act, ^^11% service of all bills, subpoenas, writs, attachments, and other original tachn.ent,7i- , 1 J „ . . ° subpcena, on process necessary to the commencement of any suit against any cor- corporation, poration in any Court of Law or Equity in this State may be exe¬ cuted by leaving the same at the place of transacting the usual and ordinary public business of said corporation, if any such place of business there shall be within the jurisdiction of the Court in which said suit may or shall be commenced ; and if any corporation shall not have any such place for the transaction of its usual and ordinary public business, then by leaving the same at its last notorious place of transacting its said business, and publishing a copy of said sub¬ poena, attachment or other original process, in one of the public ga¬ zettes of this State for the space of three months; and any copy of Copy cf the newspaper containing said publication shall be received in all the newspaper evidence Courts of this State as sufficient evidence of such service.* ♦For mode of service so as to obtain judgment against tbe corporators individually, see Art. X. "Corporations," sec. 276. [1.] The dismissal of a suit does not amount to a retraxit. 6 Ga. 432. The party cannot dismiss after the verdict is published, 7 lb. 191, The suit may be dismissed after a con¬ tinuance. 8 lb. 463. 476 JUDICIARY.—Sup'r and Inf'r C'ts—Action—1845-'50. Sci. fa. where there are several parties—Action for Tort by Administrator. An Act to amend the twelfth section of the Judiciary Act o f seventeen hundred and ninety-nine.—Approved Dec. 27, 1845. Pam. 40. Whereas, it sometimes happens that in cases where scire facias has been sued out against several parties, the same cannot be returned served upon all said parties by reason of one or more of them hav¬ ing removed out of the County in which the suit was pending, or out of the State ; and whereas, there are conflicting decisions in the Courts of this State as to the time within which scire facias should be sued out to make the legal representative or representatives of de¬ ceased plaintiff, parties. For remedy whereof— Where eeve- 81. Sec. I. Be it enacted, That in cases where there are sever- serv-ic" of' al parties to be served with scire facias, and any one or more of them ok-or more reside out of the State or County in which the suit is pending, a ser- 8,^e«"L v*ce llPon those residing in the County where the suit is pending, «y;'i'c.»astoand a return that the others are not to be found, shall be held and ui~ ot'iers' considered a sufficient service and return to authorize the making of the representative or representatives of such deceased plaintiff or de¬ fendant, as the case may be, a party or parties, so as to authorize the original suit in the name of the parties so made, to proceed to trial and judgment as though all such parties had been served with scire facias. timccfi*- 82. Sec. II. In all cases where the representative or representa- t^c^iscru-"1 tives of a deceased plaintiff are to be made parties by scire facias, cjurt.the hie same shall issue within such time as the presiding Judge shall deem to be reasonable, under the circumstances, and the presiding Judge shall in all cas^s have power and authority to give such time for the issuing and service of scire facias to make parties, as in his opinion may be necessary to promote the ends of justice. Sec. III. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to authorize certain actions at Law.—Approved Feb. 23; 1850. Pam. 272. Ar^on for 83. Sec. I. Be it enacted, That in all cases hereafter where aim'r.&c. death shall ensue from or under circumstances which would entitle £Jkr:a'n the deceased, if death had not ensued, to an action again»t the per¬ petrator of the injury, the legal representative of such deceased shall be entitled to have and maintain an action at Law against the person committing the act from which the death has resulted—one-half of the recovery to be paid to the wife and children, or the husband of the deceased, if any, in case of his or her estate being insolvent. JUDICIARY.—Sitp'r and Inf'r C'ts—Action—1799. 477 Bail process—Affidavit—Sheriff's duty. 2, bail in civil cases.* Sec. 84. Affidavit for Bail. " 85. Sheriff's duty—liability. Sec. 92. Trial—several defendants. " 93. Jail of adjoining County. " 94. Jailers' duty—security. " 86. Proceedings vs. Bail. " 87. Arrest of itinerant. " 88. Bail pend. lite. " 95. Bail in trover. Bail by agent or attorney. '• 89. Process and copy. " 90. Time of execution. " 98. Bond payable to plaintiff. " 99. Bail for debts not due. " 97. Attachment and Bail on Sabbath. " 91. Proceedings on arrest. Judiciary Act of 1799. Yol. I. 292. 84. Sec. XIII. In all cases where bail is requirable, and the nfate plaintiff in any action shall require bail, such plaintifff shall make affidavit before any Judge, Justice of the. Inferior Court, or Justice of the Peace within this State, or any Judge or Justice of a Superior Court of any one of the United States, shall have annexed thereto the seal of the State from whence it shall come, and a certificate of the Governor certifying that the person taking such affidavit is one of the Judges or Justices of a Superior Court of that State, of the amount clMmed by him,J1 and that he has reason to apprehend the e^ecte^o0 loss of the said sum, or some part thereof, if the defendant or de-*:^6tb®l£,gg fendants is or are not held to bail, which affidavit shall be filed in tail is taien. the Clerk's office, and copies thereof affixed to the original petition and process, and to the copy or copies thereof, and the amount sworn fsTo\>ren-n to shall be endorsed on the petition and process. dorsed. 85. Sec. XIY. When any civil process shall issue out of any offyh wnTSreU the said Courts, whereby bail shall be required to be taken in manner .shaVhe^ai'i aforesaid of any person or persons to answer any action in any ofj^^ign^ the said Courts, the Sheriff or other officer shall take a bond,<§>2 with to take bit, one or more sufficient security or securities, for double the sum sworn Zmdelt"' to, and shall return such bond, with the petition and process; and in bai1, case the Sheriff or other officer shall fail or neglect to take such bail, or the bail taken shall be deemed insufficient by the Court, on ex¬ ceptions taken thereto, and entry thereof made at the first term to which the said petition and process shall be returned, such Sheriff or other officer, and his or their security or securities, in either of the said cases, shall be deemed and stand as special bail, and the plaintiff may proceed to judgment according to the provisions of the Act hereinafter mentioned. And in all cases where any defendant or 9" ftnHre t0 . give bail, defendants, of whom bail shall be required, shall refuse to give good committed and sufficient bail, it shall be the duty of such Sheriff or other officertojlll!* *For Aet authorizing attachment against bail in certain, cases, see "Attachment and Garnishment," sec. 53. For Act exempting-widows and femes sole from imprisonment for debt, see "Insolvent Debtors," sec. 39; see same title for mode of discharge of all debtors imprisoned. fHis agent or attorney, Act of 1831, sec. 93. JFor debts not due, see sec. 99. ^Payable to plaintiff, sec sec. 98. (1.) The character of the debt, or cause of action need not be set forth. 7 Ga. 366. (2.) The bond need not be assigned by the Sheriff to enable the creditor to sue thereon. 8 Ga. 322. 478 JUDICIARY.—Sup'r and Imrffi C'ts—Action—1799-'1818. Proceedings vs. Bail—Itinerants. to commit such defendant or defendants to the common jail of the County, or if there should be no jail in the County, or the same shall be insufficient, it shall and may be lawful for the said Sheriff or other officer to confine such defendant or defendants in some private stn may de-house Nevertheless, such person or persons shall be allowed all fcud" the benefits of appearance ajid defence as if he, she, or they were personally present, and shall not be discharged out of custody, but by putting in bail, or by order of Court, rrr.oecdinys 86. Sec. XV. All bail taken according to the directions of this agamst bail. s^a]j (jeemec[j held, and taken as special bail, and as such be liable to the recovery of the plaintiff; but the plaintiff, after final judgment, shall not take out execution against such bail, until a capias ca. sa. ad satisfaciendum shall be first issued thereon, and the principal can- sci. fa. not be found, and shall <\lso issue a scire facias returnable to the said Court, which shall be served on the bail at least twenty days before the return thereofand after the return of such capias ad satisja- ciendum against the principal, and scire facias against the bail, and judg¬ ment thereon, execution may issue against the principal and bail, or either of them, or either of their estates, unless the bail shall sur¬ render the principal at or before entering up final judgmant on the priiaipai.r 0? scire facias f either in open Court in term time,3 or to the Sheriff of the County in which such principal shall reside, at any time in va¬ cation ; and it shall be the duty of the Court to order such principal into the custody of the Sheriff, and the duty of the Sheriff in time of vacation to receive into his custody such principal, and in either case to commit him, her, or them to jail, according to the directions of this Act, any law, usage, or custom to the contrary notwithstand¬ ing. Sec. XVI. [Directing the proceedings on sci. fa. against bail, repealed by Act of 1801, sec. 3. See Vol. II. 38. ]f An Act to extend tlte poiccrs of Sheriffs and Constables in certain cases.—Approved Dec. 19, i818. Vol. III. 162. sheriff may ®7. ®EC- ^ ^ s^ia^ ke lawful for Sheriffs in all cases where a arrostan bail or criminal process is placed in their hands, and the person itinerant ixArn in against whom it may be, is moving about irom one County to an- Ui \hs state! other, for the said Sheriff or his deputy to follow the said person or persons into any County in this State, add serve the said process. Sec. II. [" Justices of the Peace," sec. 32.] Sec. III. [See " County Officers," sec. 28.] * Or carry them to jail of adjoining County, sec. 93. •fTor proceedings against bail in criminal cases, see ".Penal Laws," sees. 411, 414. (3.) Scire facias need not be served on principal. 6 Ga. 323. (2.) If no plea is filed, judgment goes on motion and without a jury; alitor where a plea is filed, 1 Kelh/, 292, 310. Scire fhcias, where only one defendant, cannot ba directed to Sheriff of another County, 1 lb. 315; is a mere continuation of the original suit. lb. The death of principal between the return of non est, and the final judgment, discharges the bail. 2 lb. 331. (3.) exoneretur on the minutes is the only legal evidence. 2 KeUu. 331. JUDICIARY.—Sup'r and Jnr'r. C'ts—Action—1820. ^ ^ . - Bail pendente lite. 479 An Act to amend the Judiciary Law of this State, passed the 16th day of Feb., in the year 1799, so far as to authorize the issuing of Bail process in certain cases.—Approved Nov. 8, 1820. Vol. IY. 200. Whereas, great inconvenience has resulted for the want of a lawf>rcaml,:e- authorizing plaintiffs pending actions to hold the defendant to bail; for remedy whereof, 88. Be it enacted, That in cases where an action is commenced Bail may be and pending, or where an action may hereafter be commenced, and no bail shall have been required at the commencement of said action,lUe'* or having been required and has or may be discharged, and the plaintifff in any such action pending the same shall require bail, such plaintiff shall make affidavit before any Judge, Justice of the Inferior j^0®d^'e Court, or Justice of the Peace within this State; or any Judge or Justice of a Superior Court of any one of the United States, shall have annexed thereto the seal of the State from whence it shall come, and a certificate of the Governor, certifying that the person taking such affidavit is one of the Judges or Justices of a Superior Court of that State, of the amount claimed by him,1 and that he has reason to apprehend the loss of the said sum, or some part thereof, if the defendant or defendants is or are not held to bail; which af¬ fidavits shall be filed in the Clerk's office of the Court in which such action is pending, and a copy or copies thereof affixed to the process to be issued by the Clerk of said Court in which such suit may be pending, and to the copy or copies of such process, and the amount sworn to shall be endorsed on such process and the copy or ^seToi'i"" copies thereof.2 the process. 89. Sec. II. When any such affidavit is made and filed in the Process and Clerk's office of the Court in which such suit is or may be pending, suS t0 ls" the Clerk thereof shall immediately issue a process in the case, with as many copies as there are defendants, annexing a copy of said af¬ fidavit to each process and copy process, and which process shall be made returnable to the next term of said Court after the issuing of the same, and shall be executed and returned into Court by the She¬ riff, his deputy, or other proper officer, and when so executed and re¬ turned shall be taken and considered a part of the record in said case. 90. Sec. III. Ydhen the said process, and copy affidavit and copy shaui,ere¬ process, shall issue as aforesaid, they shall be delivered to the Sheriff or other proper officer, who shall be bound to execute the same atterm- any time before the sitting of the Court to which the said process may be made returnable, under the same directions and provisions as are pointed out in and by the said Judiciary Act, passed in the year 1799. ♦For Attachments pendente lite, see "Attachment," &c. sec. 20. fHis agent or attorney, see Act 1831, sec. 96. (1) Affidavit for specific sum besides interest, process good fpr principal only. 3 Kelly, 128. 02 ) If indorsed, wrong process void. 3 Kelly, 12S, 480 JUDICIARY.—Sup'r and Inf'r C'ts—Action—1S20. Bail pendente lite—Sheriff's duty where there is no jail. defendants 91. Sec. IV. All and every defendant or defendants, when ar- dcTsuchM rested by virtue of said process, shall be dealt with by the officer '('"dealt10 arresting him, her, or them, in the same manner as would have been "1n^rdone had such defendant or defendants been arrested at the com* cases. mencement of said action on bail process ; and shall be discharged trom said arrest in no other manner than he, she, or they could, in case such arrest had been made on bail process at the commence¬ ment of said suit; and all bail taken according to the directions and under the provisions of this Act, shall be held bound and liable in the same manner he, she, or they would have been bound and liable, had he, she, or they become bail at the time of the commencement of said action ; and the plaintiff or plaintiffs in said action shall.be, and are hereby authorized to proceed in the same manner against the defendant or defendants and bail, or either of them, as is pointed out in and by the said Judiciary Act passed in the year 1799. . , r 92. Sec. Y. The defendant or defendants so held to bail, in TIig trial of of tiie case manner heretofore pointed out in this Act, shall not by reason thereof thereby de- be entitled to any delay or continuance, but the case shall proceed layed' to trial as though bail had been required and taken at thfe conimence- Proceedmga msnt of the case ; and when there are more defendants than one in rai'defend-" such suit, some of whom reside out of the County in which such antn'tncoun su^ *s Pellchug, a second original process and copy or copies may ties. issue, returnable to the Court in the County in which such suit or action is or may be pending, which when served by the Sheriff" of the County where such defendant or defendants reside, or by other proper officer, the said defendant or defendants shall be subject and liable to the same provisions and restrictions as he, she, or they would have been had the bail process issued at the commencement of said case. An Act requiring Sheriffs and Constables in any of the Counties in this State not having Jails, to convey to the Jail of an adjoining County persons by them arrested on a writ of Capias ad Satisfa¬ ciendum, or any legal process requiring Bail; and to require the Jailers of such Counties, on good and sufficient Security being given for the Jail Fees, to receive and safely keep such Prisoners. Approved, Dec. 13, 1820. Yol. IY. 201. Th<- sheiiff? ^3. r^^ie Sheriffs and lawful Constables in any of the Counties of nna consta- this State that are not provided with a jail be, and they are hereby tie'where" authorized and required to convey persons arrested by them by vir- provided" tue of a capias ad satisfaciendum, or other civil process which may prfionersTo require bail, to the jail of any adjoining County, and to deliver such thereof person or persons to the keeper of such jail ; Provided, the person in? bounties or persons so arrested shall refuse or neglect to give such bail as the irjv^o. 0gjcer arresting may be authorized to require. tb-keepers 94. Sec. II. The keepers of such jail shall, and they are hereby r,f s.?'reJdliU authorized and required to receive into their care and custody any Jf receive person or persons delivered to them in conformity to the preceding a'on1' section, and him or them safely keep until they are delivered from JUDICIARY.—Sup'r and Ine'r C'ts—-Action—1821. 4S1 Bail in Trover Cases. thence according to law, or by direction or request of the plaintiff, his agent or attorney ; Provided, that the plaintiff, his agent, or at- provided *»- torney shall give bond with sufficient security to the keeper of^rfor jaifT* such jail, for the jail fees and weekly maintenance of the person feea' or persons so delivered to him for safe keeping.* An Act more effectually to quiet and protect the possession of personal property, and to prevent taking possession by fraud or violence. Approved Dec. 25, 1821. Yol. 1Y. 207. Sec. I. [See " Possessory Warrant," sec. 429.] 95. Sec. II. When any person who is about to commence an®an"»tro- x . i-, . r 1 r> ver casos. action or suit at Law or m Lquity for the recovery of negroes or other personal property, such person, his agent or attorney, shall make affidavit, that he hath reason to apprehend that "the said negroes or other personal property have been or will be eloigned, or removed away, or will not be forthcoming to answer the judgment, execution, or decree that shall be made in the case ; and shall also state in his affidavit the value of the same, and the amount of hire claimed, if any, and add, that he, she, or they do verily and bona fide claim the said negroes or other personal property, or some valuable interest therein; a copy of such affidavit shall be annexed to the petition, bill, or other process, and the original affidavit filed in the Court whence such process issues; and it shall be the duty of the Sheriff, his deputy, of other lawful officer serving such'petition, bill, or other process, to take a recognisance, with good security, in double the amount sworn to, for the forthcoming of such negroes or other per¬ sonal property, to answer such judgment, execution, or decree as may be issued or rendered in the case; and such security shall be bound for the payment of the eventual condemnation money, and liable to execution in the same manner as securities upon appeals ; and when such affidavit shall be made during the pendency of any process, a copy thereof, and of the process or subpoena, shall be served in like manner by the Sheriff or his deputy, or other lawful officer, and the like security taken; and upon the defendant refusing to give such security, the property shall be seized and taken by the Sheriff or other lawful officer, and delivered over to the plaintiff or complain¬ ant, his agent, or attorney, entering into a like recogisance, with se¬ curity j1 and if such property is not produced or forthcoming to be seized and taken by such Sheriff or other lawful officer, the defend¬ ant or defendants shall be committed to jail, to be kept in safe and close custody until the same is produced, or until he, she, or they shall enter security for the eventual condemnation money, in the na¬ ture of security upon appeal. *On failure, to be discharged, see Art. XI. " Habeas Corpus," sec. 292, this title. See also " Insolvent Debtors," sees. 7, 37. (1.) If the plaintiff dismisses his suit, holding possession of the slaves, his possessions ia not tortious, 30 as to sustain trover by defendant. 1 Kelly, 259. 482 JUDICIARY.—Sup'r ani> Inf'r CVrs--4r/fo»--1831-,45. Bail required by Agent or Attorney—On Sabbath clay—Bail Bond. An Act to amend the Judiciary Law of 1799, in relation to bail, and also to amend an Act entitled " an Act to amend the Judiciary Law of this State, passed the 16thday of February, 1799, so far as to authorize the issuing of bail process in certain casesf passed the 8th day of November, 1S20, so far as to authorize agents, attor¬ neys in fact or at law, to hold to bail in all civil cases.—Approved Dec. 26, 1831. Pam. 137. Agent or at- sEC. j. From and after the passage of this Act, it shall and foniev may inM to bail may be lawful for any agent, attorney in fact or at law, to hold to muvi ap cases? ancp under the same rules and restrictions as are pointed out in the before recited Acts on that subject. Sec. II. All laws and parts of laws militating against this Act are hereby repealed. An Act to authorize the issuing, suing, and executing attachments on the Sabbath day, in certain cases.—Approved December 20, 1834. Pam. 77. Whereas, it sometimes happens that persons residing near the lines! of this State, leave the State on the Sabbath day, and thereby place it out of the power of their creditors to stop them or their property, to satisfy debts owing by them ; for remedy whereof— Attachment 97. fic it enacted, That it shall hereafter be lawful to issue and and bail pro- ' * ccss may be serve attachments and bail processes on the Sabbath day, in the same theVsabbath. manner and under the same rules, regulations, and,restrictions as are now provided for the issuing and serving of the same 01101 her days; Provided, the person or persons applying for such attachment or bail process shall, in addition to the oath heretofore required to he taken, swear that he apprehends the loss of his debt, or some part thereof, unless said attachment or bail process shall issue 011 the Sabbath day.* Sec. II. All laws and parts of laws that militate against this Act are hereby repealed. An Act to define the mode of taking bond in cases of Bail in this State.—Assented to Nov. 24, 1841. Pam. 145. 98. Sec. I. From and after the passage of this Act all bonds payable to * j. o tuc piaimiff. taken in cases of bail in this State shall be taken payable to the plaintiff in the cause, any law to the contrary notwithstanding. < An Act in relation to proceedings to recover debts not due.—Approved December 27, 1845. Pam. 37. 99. Sec. I. When a debt is not due, and the debtor is about to *A11 other process served on Sabbath day void, except for treason^ felony, or breach, of the peace, see title "Penal Lavs," sec. 387, Troviso. hail bond JUDICIARY.—Sup'r and Inf'r ^-.Action—1818. 483 Bail on debts not due—lteprescntatives of deceased obligor and survivor. remove, or is removing without the limits of this State, and oath Hanjbr being made by the creditor, his agent or attorney in fact, or at law, due. of the amount of the debt to become due, and that the debtor is about to remove, or is removing without the limits of this State, and that he has reason to apprehend the loss of said debt, or some part thereof, if the debtor be not held to bail, it shall and may be lawful for the creditor to commence an action or suit at law, and hold said debtor to bail, in the same way and manner, and under the same restrictions as where an affidavit is made under existing laws ; ^|nm(fenhlt and the bail so taken shall in like manner be liable to the creditors; becomes due Provided, always, that judgment shall not be rendered in any such- cause until after the debt has become due. parties. Sec. 100. Co-obligor and'Beprcseutative " 101. Sureties on Bond and Principal: " 102. Execution, how issued. Sec. 103. Sendee on Joint Contractor, " 101. Effect of Judgment. An Act pointing out the mode of collecting a certain description of debts therein mentioned.—Approved Dec. 19, 1818. Yol. III. 338. 100. From and immediately after the passing of this Act, where Represents* , i, i ■ , ■ i ■ i ■ -i ■ lives of the any person shall be m possession (either m his own right, or in any deceased ob other capacity,) of any note, bill, bond, or other obligation in wri- sued huhe"5 ting, signed by two or more persons, and one or more of the persons, wiTdth^'gur whose names are so signed as aforesaid, shall die before the payment vivor-t of the money or the compliance with the condition of such bond or other obligation in writing, the person or persons holding such note, bill, bond, or other obligation in writing, Shall not be compelled as heretofore, to sue the survivor or survivors alone, but may, at his, her, or their discretion, sue the survivor or survivors, or the represen¬ tatives of such deceased person or persons, or the survivor or ^survivors in the same action with the representative or representatives of such deceased person or persons, any law, usage, or custom to the contra¬ ry notwithstanding: Provided, nothing in this Act shall be so' con¬ strued as to authorize the bringing of any action, of any kind what¬ ever, against the representative or representatives of any estate or estates, until twelve months after the probate of the will, or the granting of letters of administration on such estate or estates.1 *As to making parties by ^ci. fa., see subdivision ante. " Commencement, &c. Ac¬ tion." Also, as to suits against joint obligors and promisors, sec. 69 of this title. As to suits against indorsers in same action with principal, see Art. XXI. " Sureties and Indorsers," sec. 437. For Act authorizing amendment insfanter, where a party is omitted, see subdivision " Pleading," &c, sec. 129. Where one co-obligor pleads in¬ fancy, see subdivision "Pleadings," &c., sec. 112. +As to suit against co-obligors living in different Counties, see ante. " Commence¬ ment," &c. see. G9, this title. ' (1.) This Act docs not apply to partners. 1 Kelly, 494. Does apply to joint and several contractors. 2 lb. 128. . , W"T"3 "vd/.di" ta a,* .t\ T oca |Keif, Aw iri op a jf ej« cdf j rS ,j5.lx 1^8 484 JUDICIARY.—Sup'r and Inf'r O'ts— Action—1890. Sureties on Executors', Administrators' and Guardians' Bonds. An Act to authorize suits to be instituted against securities to Ex¬ ecutors', Administrators'' and Guardians' Bonds, in the same ac¬ tion with the principal thereto.—Approved Dec. 13, 1820. Vol. 17. 200. preamble. Whereas, it is has been decided by the Superior Courts of this State, that suit cannot be instituted against any security or securities to any executor's, administrator's, or guardian's bond, until the prin¬ cipal or principals to such bond shall have been sued to insolvency, whereby great injury to the interest of heirs, distributees, and others may accrue ; for remedy whereof, Sureties to 101. Sec. I. Be it enacted, That from and after the passing of LVminhtra- this Act, any and all security or securities to any executor's, admin- guar'dians' istrator's, or guardian's bond, shall be considered as joint, or joint sideredas an<^ several obligors (as the case may be) with the principal or prin- joiut oidi- cipals in said bond, so as to authorize any heir or heirs, distributee sued in"the6 or distributees, administrator de bonis lion, and others concerned, to saine act'011- sue such principal or principals, and security or securities to such Proviso. bond, or either of them in the same action';1 Provided always, that the principal in said bond, if within the limits of this State, shall be first sued, or shall be sued in the said action with the security or securities, and shall be distinguished in said action as principal, if sued as aforesaid; any law, usage, or custom to the contrary not¬ withstanding. executions 102. Sec. II. In all cases where a judgment shall be obtained, against prin in conformity to the foregoing section, execution shall issue against surety,"o be the principal and his or their security or securities, or such of them onprnpeny as judgment may have been obtained against, which execution of principal, shall be levied on the property of the principal first; and in case such property should be insufficient to satisfy said execution, or in case no property can be found within the County where such exe¬ cution shall issue, the balance or whole of such execution, as the case may be, shall be levied on and collected out of the property of the security or securities, or either of them; and in all cases when paid when the amount or any part thereof, shall be paid by the se- hL^emiried curity or securities, such security or securities shall have the use and to the exccu-contro] 0f the execution to remunerate him or themselves, as is cus- tion to remu- ' nerate him- tOl'liary HI SUCh COSCS.* this act to Sec. III. This Act shall not extend to bonds heretofore exe- l^prospect- cuted> An Act to regulate the mode of prosecuting Actions against Con- tractors and Copartners, in certain cases.—Approved, Dec. 18, 1820. Yol. 17. 201. preamble. Whereas, doubts have arisen as to the mode of prosecuting actions *See Art. XXI. " Sureties an i Indorsers," sees. 430, et seq. (1.) There must be first a judgment against the administrator or executor, in his repre¬ sentative capacity: th^u tbo may be joined in the suit against him individually. 6 Ga. 803. f Id, Jl, for the rule ill Equity in such cases, see 716. 549. JUDICIARY.—Sup'r and Inf'r C'ts—Action—1820. 485 Joint Contractors and Copartners. against joint contractors and copartners, when one or more cannot be found, or reside without the limits of this State; for remedy- whereof, 103. Be it enacted, That from and after the passing of this Act, in suits that whenever two or more joint contractors, or copartners, are sued contractors m the same action, and a service shall be effected on one or more or c°P;itt: _ . . . . 7 _ _ ners, and service on one or more, of the said joint contractors or copartners, and the Sheriff or other officer serving the writ, shall return that the other defendant or de- tlie plaintirf fendants, are not to be found, it shall and may he lawful for the plajntiff J^mentvs to proceed to judgment and execution against the defendant or defend- served ants who are served with process, in the same manner as if he, she, or they were the sole defendant or defendants.* 104. Sec. II. Judgments so obtained shall bind, and execution the partner, may be levied on the joint or copartnership property, and also the fndi'viduii'10 individual property, real and personal, of the defendant or de- of person fendants who have been served with a copy of the process, but by shall not bind or be levied on the individual property of the de- the judg. fendant or defendants who are not served with process. en ' Sec. III. All laws and parts of laws repugnant to this Act, are Repealing « 1 11 clfluisct hereby repealed. 4. pleadings and proceedings pending the action, including amendments, arbitration, continuances, &c.f Sec. 105. Defences—amendment. " 106. Default—trial—continuance. " 107. Sct-oif. " 108. Arbitration and award. " 109. Amendments. " 110. Special pleading—nonsuit. ** 111. Contradictory pleas. " 112. Infant co-obligor. " 113. Increase of personalty. " 114. May be recovered. " 115. Mesne profits. " 116. Execution therefor. " 117. No separate action. Sec. 118. Suit by former defendant. " 119. Partial failure of consideration. " 120. Form of suit for land. " 121. Suit for personalty. " 122. 'Suit on note, &c. " 123. Action on account. " 124. On judgment. " 125. Formal variance. " 126. Arabic numerals. " 127. Action for slander. " 128. General form of pleading. " 129. Misnomer amended. " 130. Non-joinder amended. ♦For proceedings where one pleads infancy, see "Pleadings," &c. sec. 112. +For Act dispensing with proof of partnership, unless denied by plea in abatement, see Art. XIX. " Partners and Partnership," sec. 428. See same title, as to bonds payable to partnership, and judgments and executions in partnership name, sees. 426, 427. For Act prescribing the contents of scifa, to make parties, see subdiv. " Commence¬ ment, &c. Action," sec. 76. Also, sec. 81, as to service of scifa. on a part where the others cannot be found. As to process of garnishment, see " Attachment and Garnishment," As to plea of usury, see Art. XXII. "Usury." For rule of valuation of specifics, in contract, see. Art. IY. "Bills, Notes, &c." see. 206. In trespass q. c. f. disclaimer, and tender of amends, a bar to the action, see Art. XY. "Limitation of Actions," sec. 338. For Act in relation to amendments of affidavits of illegality, see subdiv. "Execu¬ tion, &c." sec. 201. As to Judges' charge, see subdivision of this Art. "Judges, Sessions, &c." sec. 47. 4S6 JUDICIARY.—Srrp'n and Inf'r C'ts—Action—1709. Answer—Amendments—Dilatory pleas. Judiciary Act oflQthFeb. 1790.—YoL I. 292. [For title, see sec.37.] Aawver or 105. Sec. IX. And for the more orderly and regular proceeding e °nct" in the said Courts, the following rules and methods shall be observed, to wit: The defendant or defendants shall appear at the Court to which the petition and process* shall be returnable, and on or before the last day of the said Court shall make his, her, or their defence or answer in writing, which shall plainly, fully, and distinctly set forth the cause of his defence1 and be .signed by the party making the same, or his, her, or their attorney ; which said answer may contain as many severa1 matters, as such defendant or defendants may think Bonds, TOtee necessary for his, her, or their defence ; Providedthat no person niedon'oath. shall be permitted to deny any deed, bond, bill, single or penal note, draft, receipt, or order, unless he, she, or they shall make affidavit of the truth of such answer at the time of filing the same.]"2 And the said petition and answer shall be sufficient to carry the same to the , . Jury, without any replication or other course of proceedings ;3 and 110 rnweedings petition, answer, return process, judgment, or other proceeding in "k detbcfmany civil cause, shall be abated, arrested, quashed or reversed, for amend able at any defect in matter of form, or for any clerical mistake or omis- thefirjttcinisj0Ilj not affecting the real merits of the cause ;4 but the Court, on motion, shall cause the same to be amended without any additional cost at the first term]: and shall proceed to give judgment according to the right of the cause and matter of law, as it shall appear to the said Court, without regard to such imperfections, in matter of form, Dilatory an- clerical mistake or omission ; and no dilatory answer shall be rcceiv- onoath?be ed or admitted, unless affidavit be made of the truth thereof. Judgment by 106. Sec. X. Where any defendant shall fail to appear and an- default. . • n , • r i i • • rp i ■ swer m manner aforesaid,the Court on motion of the plain tin or his counsel, shall outer a judgment by default, and the plaintiff's, claim, allegation or demand, shall be tried in all cases of judgment by de¬ fault, by a Jury ; but no such trial shall in any case be had at the Continuance first term ; and no cause whatsoever depending in the said Courts *See ante, "Commencement, &c. Action," as to petition and process. f Indorsements need not be proiied, unless denied; see " Evidence," sec. 21. JSee further, as to amendments, Act of 1818, sees. 109, 129. § As to plea denying partnership, see Art. XIX. " Partners and Partnership," see. 428. (1.) Undax this clause illegality of consideration cannot be given in evidence under the general issue, 1 Kelly, 68; nor can a special contract, exempting the defendant from liability. 1 Kelly, 256. (2.) An alteration need not be explained unless denied on oath, 2 Kelly, 128. A plea that another was to sign as surety, need not be verified, 8 Ga. 5-59. (3.) The plaintiff may prove matter in avoidance of the plea without replication, 5 Ga. 311. (4) The verdict may be amended where the error is apparent, 1 Kelly, 463; so also, the judgment, 1 Kelly, 469 ; 2 lb. 341. And the minutes of the Court, 1 Kelly, 559; verdict en¬ tered nunc pfo tunc, 3 Kelly, 18. All amendable defects cured by verdicts, 2 Kelly, 100: 3 lb. 81; a new cause of action cannot be added by amendment, 3 Kelly, 426; Christian name of plaintiff may be amendsdi 7 Ga. 105. (5 ) A plea by a surety that another was to sign as co-surety, need not be verified. Cltg- hom vs. Robinson, 8 Ga. Rep. JUDICIzlRY.—Sup'r and Inf'r CAts—Action—1799-1818. 487 ■ * -j - S e ts - off—A rbitr ation— Amendments. shall be continued more than one term, at the instance of the same party.1 sets-off. 107. Sec. XXIV. In all cases of mutual debts and sets-off, where sets-ofr. the Jury shall find a balance for the defendant, such defendant may and shall enter up judgment for the amount, and take out execution in such manner as plaintiffs may do by this Act: Provided, such de¬ fendant shall at the time of filing his answer, also file therewith a true copy or copies of the subject matter of such sets-off; and where the plaintiff shall be indebted to the defendant on open ac¬ count for dealings between themselves, and where the defendant shall hold and possess in his own right, by assignment, indorsement, or otherwise, according to law, any bond, note, bill, or other writing, for money, or other thing of the said plaintiff's, such defendant shall and may offer the same as sets-off, and on due proof, shall be allowed the same.*2 arbitration.f 108. Sec. XXX. In all matters submitted to reference by par- 1^11tdnn ties, in a suit under a rule of Court or other agreement in writing, execution, signed by the parties, judgment shall be entered up by the party in whose favor the award is given, and execution shall issue for the sums awarded, to be pnid as they respectively become due, and to be levied on the ptoperty of the party against whom the judgment shall have been entered up, and such other proceedings shall be had thereon by the Court, as in cases of judgments entered up on ver¬ dicts of Juries : Provided, that no judgment shall be entered upon Proviso, an award, where it shall appear any other cause or causes stand on the docket of the Court against the defendant or defendants, unde¬ termined, before the cause in which a rule or other agreement in writing for arbitration is entered. An Ad to explain and to enforce the Judiciary Act of 1799, as re- sjpects special pleadings in the several Courts of Law in this State.— Approved Dec. 19, 1818. Vol. III. 384.' Whereas, the said Judiciary was intended for the purpose of bringing parties litigant to a speedy Judicial decision, without delay ? *Debts not clue may be set-off against attachments in certain cases; see "Attach¬ ment and Garnishment," sec. 21. tSee "Internal Transportation," sec. l, as to awards in disputes with Kail Road Companies. (1.) Two general continuances do not amount to a discontinuance, 1 Kelly, 275. If not reached, continued by Court, 3 Kelly, 23. (2.) A debt due by testator cannot be set-off against a debt accruing to executor. 1 Kelly, 511. But it may be to a debt due to testator, 5 Ga. 357. : The set-off must be against the plaintiff in the action. 2 Kelly, 131. A judgment may he set-off against another. 2 Kelly, 155. In a suit against principal and surety, a debt of principal may be set-off. 4 Ga. 198. Damages for breach of covenant cannot he pleaded as a set-off. 6 Ga. 509. The guar¬ anty of a note may be. lb. See 8 Ga. 184. 4SS JUDICIARY.—Sup'r and Inf'r C'ts—Anion—1818- 23, Amendments—Infancy of joint obligor. arid with as little costs as practicable, and it was thereby intended* that the small omissions of parties, Clerks, or Sheriffs, not affecting the real merits of the cause, should in all cases (substantially set out) be amended on motion, without delay or costs, and it having grown into practice in said Courts to give or grant a term, and some¬ times nonsuit,for the smallest omissions of the officers of the said Courts, and as a further increase-of the said practice may lead us back to all that tedious and expensive labyrinth of special pleadings, which the said Judiciary intended to avoid; aii formal 109. Sec. I. Be it enacted, &'c. That in every case where amendable there is a good and legal cause of action, plainly and distinctly set nyorUcQsts. forth in the petition, and there is in substance a copy served on the defendant or defendants, or left at their most notorious place of abode, every other objection shall be, on motion, amended without delay or additional costs, xo special 110. Sec. II. No special pleadings shall be introduced or admit- KEg ■*" ted in either the Superior or Inferior Courts of this State,1 (other than in Equity,) which shall be conducted in the same manner as is alr'eady pointed out by the Judiciary system of this State now in force, and that every case shall be carried to the Jury, and tried upon the petition, process, and answer alone, without regard to the practice, now grown into use in the several Courts of Law in this No non-salt State i and no nonsuit shall be awarded when the cause of action is form.d substantially set forth in the declaration, for any formal variance be¬ tween the allegation and proof.*2 nopartofan hi. Sec. III. No part of an answer shall be stricken out or re- bo stricken jected on account of being contradictory to another part of the same "ut" answer, but the Court shall be bound to suffer the whole answer to remain, if the defendant should desire it, and avail himself of any advantage he can or may have under either or the whole of the said answer, and proceed to trial accordingly. An Act more effectually to protect the interests of parties plaintiffs, in suits commenced against joint obligors or promisers.—Appro¬ ved December 19, 1823. Yol. IY. 212. jfanyonsof 112. In all cases which hereafter may be commenced against obi/goraor joint obligors or promisers, and any one or more of the parties de- pfead'Tnfun- fendants may plead infancy, and such plea be sustained, the action oo'nshaiT shall not as, heretofore abate, but the Court shall award judgment as nt-t auate. jn cases of nonsuit in favor of the party or parties so pleading, and permit the plaintiff to proceed against the other defendant or defend¬ ants to said suit, without further delay or costs.f * See Act of 1817, sec. 125. Act of 1850, sec. 128. t "Where all are not served, judgment against those served, see ante. "Parties," sec. 103, of this title. (1.) In ejectment, defendant can plead only general issue and Stat, of Lirn. 6 Ga, 88. (2.) Amendment allowed after a case is submitted to the Jury on the appeal, when the cause of action would be barred. 4 Ga. 203, 445. But see 8 Ga. 51, 209, 403, 522. Tbi$ Act contemplates a very liberal practice. 5 Ga. 482. A general rule prescribed as to amendments. 8 Ga. 61. JUDICIARY.— Sup'k and Inf'r C'ts— Action—1827-'34. 489 Suits for personal property—Mesne Profits. An Act to facilitate the recovery of Personal Property in certain cases.—Approved Dec. 24, 1827. Yol. IT. 221. 113. Whereas, it frequently happens that suits in the different Courts of Law and Equity in this State for personal property contin¬ ue for a number of years, and that after the commencement and before the end of said suits the property in dispute increases, or has issue which cannot be recovered in any other way than by resort¬ ing to a new action ; for remedy whereof, 114. Be it enacted, That while any suit or action is now pend- in suits for ing, or may hereafter be instituted in any Court of Law or Equity property, tbo in this State for personal property, the issue of said property born or to be born after the commencement of said suit or action, shall and may b®re_ 1 covered. may be recovered in the said suit or action ; and it shall be the duty Proceeding* of the Court to allow the declaration or bill to be amended at any e«i accord- ~ stage of the said suit or action, so as to include the said issue so ins!y born or to be born; any law, usage, or practice to the contrary not¬ withstanding. An Act to authorize Plaintiffs in Ejectment to recover such mesne profits as they may be entitled to in said Action of Ejectment by %oay of damages, and to prevent a separate action for mesne profits. Approved Dec. 19, 1834. Pam. 78. 115. Sec. I. It shall be lawful for all plaintiffs in ejectment to Mesne prof- add a count or counts in their writ of ejectment, and to submit evi- recovered in dence to the Jury, and to recover by way of damages all such sum withTh"4 or sums of money to which they may be entitled by way of mesne land- profits, together with the premises in dispute. 116. Sec. II. It shall be the duty of the several Clerks of the A„d oxectw Superior Courts to incorporate in the execution of habere facias1^owuh"1^ possessionem a clause directing the Sheriff to collect all such sums of money as, by the finding of the Jury, shall have been awarded to the plaintiff in ejectment as mesne profits. 117. Sec. III. No plaintiff or plaintiffs in ejectment, in cases No separate which may hereafter be instituted, shall be permitted to have and fowed.*1" maintain a separate action in their behalf for mesne profits which have accrued, or may accrue, to him or them from the premises in dispute. 118. Sec. IY. In case an action of ejectment be brought by the Rut a for. defendant in the first action of ejectment for the premises recovered am now"4" of him, and a verdict obtained in his favor, it shall be lawful for him mayh'av'e ah to institute an action on the case for such damages as may have been collected from him as mesne profits in the first action, and un- damages (or¬ der such action it shall be lawful for him to give in evidence the ver- diet obtained by him in the second action, which shall be deemedhluu and taken to prevent the judgment obtained in the first action as op¬ erating an estoppel. 62 490 JUDICIARY.—Svp'r and Inf'r C'ts—AAiov—1S36-M7. Partial failure—Laud and mesne profits—Personal property. An Act to enable defendants in Action at Common Laic, to give in evidence, a partial failure of the consideration of the contracts upon which such action may be brought.—Approved Dec. '26, 1836. Pam. 157. Partial fan- 119. Sec. I. From and after the passage of this Act, whenever "i'drratum" any actio it or actions shall be commenced at Common Law, founded inupon any contract or contracts, it shall, and may be lawful, for the rn"!n Law01"" defendant cr defendants to such action or actions, upon the trial thereof, to give in evidence to the Jury, that the consideration or con¬ siderations, upon which said contract or contracts are, or were found¬ ed, have partially failed, any thing in any law or custom to the con- rroviso. trary notwithstanding: Provided, that such plea of partial failure shall only be pleaded in such cases, under such circumstances, and between such parties, as would now admit and allow the plea of total :Mu.«t lie failure of consideration : And provided further, that the plea con- first'terml1 templated by this Act, shall be fully and specially pleaded at the first term of the Court to which the action maybe returnable, and not at any time thereafter, either at Common Law, or on the appeal. Sec. II [Repeals all conflicting Acts.] An Act to simplify and curtail Pleadings at Law.—Approved Dec. 27, 1847. Pam. 203. Form of ac- 120. Sec. I. Be it enacted, That from and after the passage of ami mesne this Act, the form of a declaration for the recovery of real estate and profit. mesne profits, may be as follows, any law, usage or practice to the contrary notwithstanding, to-wit Georgia, ^ County. > To the Superior Court fhr said County. The petition of (A. B.) sheweth that (C. D.) of said county, is in possession of a certain tract of land in said County (here describe the land) to which your petitioner claims title ; that the said(C. D.) has received the profits of said land since the day of , 18 , of the yearly value of dollars, and refuses to deliver the said land to your petitioner, or to pay him the profits thereof: Wherefore, your petitioner prays process may issue requiring the said (C. D.) to be and appear at the next Superior Court to be held in and for said County, to answer your petitioner's complaint. property0™1 121. Sec. II. The form of an action for the recovery of personal property may be2 as follows, to wit: Georgia, } County > To the Court for said County. The petition of (A. B.) sheweth that (C. D.) of said County, is in possession of a certain (here describe the property) of the value (1.) The fictitious form held to be good. 7 Ga. 172. (2.) The old form of Trover may still be used. 6 Ga. 213. JUDICIARY.—Sup'r and Inf'r C'ts—Action—1847. 491 Act to curtail and simpliiy pieudings. T" Of dollars, to which your petitioner claims title ; that the Hid (C. D.) has enjoyed the profits of the same since ; that ;he said is of the yearly value of dollars ; and that , '.ie said (C. D.) refuses to deliver said to your petitioner, or to pay him the profits thereof: Wherefore, your petitioner prays process may issue requiring the said (C. D.) to be and appear at the Wxt Court to be held in and for said County, to answer your petitioner's complaint. 122. Sec. III. The form of an action to recover money on a Action on note, bill, bond, receipt or written promise of any description,1 by bond', &.c.' adding a copy of which, with the endorsers' names (if any) and credits, shall be appended—and when the suit is on a bond, the breach from which arises the right of action shall be set out plainly—may be as follows, to-wit: Georgia, J County. > To the Court of said County. The petition of (A. B.) sheweth that (C. D.) of said County, is indebted to him in the sum of dollars, besides interest, an a dated and due , which said the iaid (C. D.) refuses to pay : Wherefore, your petitioner prays pro¬ cess may issue requiring the said (C. D.) to be and appear at the next Court for said County, to answer your petitioner's complaint. .<• Provided, nevertheless, That when any defendant shall, at the en>r b9 appearance term of such cause, demand oyer of any note, bill, bond, receipt, or other instruments sued on, the plaintiff shall be compel¬ led to produce the s^me to the defendant for the purpose of exam¬ ination. 123. Sec. IV. The form of an action on an account may be as Action on follows, tO-Wlt 1 account. Georgia, J County. > To the Gourt for said County. The petition of (A. B.) sheweth that (C. D.) of said County is indebted to your petitioner dollars, on an account, as will fully appear by reference to a bill of particulars hereto annexed, which account the gaid (C. D.} neglects to pay: Wherefore, your petitioner prays process may issue requiring the said (C. D.) to be and appear at the next Court to be held for said County, to answer your petitioner's complaint. 124. Sec. V. The form of an action to recover money on a Action oa judgment, may be as follows, to-wit: Georgia, J County. > To the Court for said Comity. The petition of (A. B.) sheweth that (C. D.) of said County, is indebted to your petitioner dollars, besides interest, on a judgment obtained by your petitioner, against the said (C. D.) at a (I ) When on a promise to pay specific articles, should aTer the value of those articles. 8 oa. 51. 492 JUDICIARY—Sup'r and Inf'r C'ts—Action—1S47-50. Acts to curtail and simplify pleadings. (name the Court) Court held on the day of ' 18 , in the (County, district or town) of , in the State of , as will fully appear by reference to an exemplification of the proceeding in said case ; that the said judgment is unsatisfied, and that the said (C. D.) neglects to pay the same : Wherefore, your petitioner prays process may issue requiring the said (C. D.) to be and appear at the next Court to be held for the County of , then and thereto answer the plaintiff's complaint. action on Sec. VI. The form of an action for breach of warranty on a Siij. deed may be as follows, to wit: Georgia, 4 County. > To the Court of said County. The petition of (A. B.) sheweth that (C. D.) is indebted to him in the sum of dollars, for this that on the day of , 18 , the said (C. D.) executed to your petitioner a war¬ rantee deed to a certain tract of land (describe the land) for the sum of dollars, paid by your petitioner to the said (0. D.); that your petitioner has been evicted from said lot of land, and the said (C. D.) refuses to indemnify your petitioner for his damage in that behalf: Wherefore, your petitioner prays process may issue re¬ quiring the said (C. D.) to be and appear at the next Court for said County, to answer your petitioner's complaint. No non-sait 125. Sec. VII. No departure from the before prescribed forms shall work a nonsuit, provided the plaintiff shall plainly and dis- ttttortu tinctly set forth his cause* of action. Arabia do- 126. Sec. VIII. It shall and may be lawful in pleading, to set 'tTu^imay out amounts and dates in figures, or what is sometimes called the Arabic Numerals. Sec. IX. All laws and parts of laws, militating against this Act, he, and the same are hereby repealed. An Act to curtail and simplify Civil Pleadings.—Approved Jan. 29, 1850. Pam. 275. Bociaration 127. Sec. I. Be it enacted, That from and after the passage of tqg form of an action for words may be as follows, to-wifc: Georgia, 4 County. > To the Honorable Court of said County. The petition of A. B. sheweth that C. D., of said County, has injured and damaged your petitioner in the sum of dollars, by falsely and maliciously saying of and concerning your petitioner, on the day of , 18 , the following false and malicious words, to-wit: Wherefore your pe^ titioner prays process may issue requiring the said C. D. to be and appear at the next Court to be held in and for said County, then and there to answer your petitioner's complaint. *6ee same provision, Act of 1818, sec. 109; see also, sec. 128. JUDICIARY.—Sup'r and Inf'r C'ts-—Action—1850. 493 Amendment of misnomer—Non-joinder—Analysis. 128. Sec. II. No plaintiff shall be nonsuited for-want of form, No nonsuit who shall set forth his cause of action as plainly and distinctly as fon^'w ° the charge of slander is set forth in the form of declaration by the first section of this Act prescribed. An Act to author ize amendments to he made instanter, in cases of Mis¬ nomer in all Judicial Proceedings, and for other purposes.—Ap¬ proved Feb. 22,1850. Pam. 44. 129. Sec. I. Be it enacted. That from and after the passage ofMlsn^r. ... : . . . i .n . -*■ airgmdea m- this Act, all misnomers made m writs, petitions, bills or other Ju- stanter. dicial proceedings on the civil side of the Court, shall be amended and corrected instanter, without working any unnecessary delay to the party having made the same. 130. Sec. II. In suits by or against partners, or when any two Nonjoinder amcnaoa or more persons sue or are sued in the same action, and the name of instanter. any person who ought to be joined in such action as plaintiff or de¬ fendant is omitted; on ascertaining the same, the omission shall be amended instanter. 5. VERDICT, JUDGMENT, STAY OF EXECUTION AND APPEAL. 1-44. Not if paid by defendant. 145. Yerdict in trover or trespass. 146. Lien of plaintiff. 147. Appeal by one of several. 148. Effect of. 149. Sureties' rights. 150. Appeal by paupers. 151. Appeals in Equity. 152. Appeal by Administrators, &c. 153. S a fa. unnecessary 154. •! a gment 011 bonds. 155. Successive judgments. 156. Revival vs. absent defendants. Sec. 131. Yerdict, judgment, and appeal,! Sec &c. *' 132. Confession of judgment. " 133. Interest on unliquidated demands. " 134. Lien of judgments. M 135. Renewal on C ourt roll. " 136. Lien—effect of appeal. " 137. Judgments at same term. •' 138. Bona fide purchasers. " 139. Appeals from Ordinary. " 140. Dormant judgments. " 141. Effect of Act of 1822. " 142. Judgments us. surety on appeal. " 143. ^Transfer of judgments. * For Act in relation to judgments entered up in partnership name, see Art. XIX. " Partners and Partnership," sec. 426. 'Where all the partners are not served, see subdivision, " Parties," sec. 103. A^s to judgment on award, see ante. "Pleadings, &c." sec. 108. As to judgments in Justices' Courts, see title "Justices of the Peace." As to judgments against sureties on appeal, see Art. XXI. " Sureties and Indorsers," sec. 432. As to appeals from verdicts in claim cases, see Art. YII. "Claim," sec. 250. As to effect of judgment on attachment, see " Attachment and Garnishment," sees. 11, 49. As to judgment and executions against stockholders in corporations, see Art. X. " Corporations, &c." 277. As to duty of Clerk to enter judgments satisfied, see Art. XYII. " Officers of Court," sec. 374. Judgments against indorsers must specify the contract, see Art. XXL "Sureties and Indorsers," sec. 447. Appeals in summary process to enforce lien, see " Internal Transportation," Art. II. *' Steamboats, &c." sec. 3. As to interest on judgments, and separate entry of the same, see title " Interest," sec. 2. As to verdicts obtained by perjury, see "Penal Code," sec. 163. For form of verdict in divorce cases, see "Divorce," sec. 4. For Actjrequiring verdicts to be in federal currency, see title " Coin and Currency," 8CC. 4. 494 JUDICIARY.—Sup'r and Tnf'r C'ts— Anvm—1799. V er diet—Stay—A ppcul. Judiciary Act of 1799.—Vol. I. 292. VERDICTS AND JUDGMENTS. v^rjict.'and 131, Sec. XXYI. Iii all cases where a verdict shall be rendered, the party in whose favor it may be, shall he allowed to enter and sign judgment thereon at any time within four days alter the adjourn¬ ment of the Court, at the Clerk's office, for the amount of such ver¬ dict and all legal costs recoverable thereon, and 110 execution shall issue on any verdict until such judgment shall be entered, signed by the party or his attorney ; and all the property* of the party against whom such verdict shall be entered, shall be bound from the signing of the first judgmeut ;fl [but where several judg- stty or exe- ments shallme of equal date, the first execution delivered to the Sfic- riff shall be the first satisfied;] J Provided always, that any party; against whom such judgment shall be entered, may enter good and sufficient security, either in open Court or in the Clerk's office, with- Fi.fa.vs the time aforesaid,- for the payment of the judgment and costs within sixty days ; and if such party shall not pay the same agreea¬ bly thereto, execution may issue against such party, and the security, without any other proceeding thereon : And irrovided also, that ill case either party shall be dissatisfied with the verdict of the Jury, then, and in all such cases, either party may, within four days-after Appeal. the adjournment of the Court in which such verdict was obtained, udnuft'T.hs enter an appeal3 in the Clerk's office of such Court (as matter of security!""8 right;) and if such verdict shall be obtained in the Inferior Court, it shall be the duty of the Clerk thereof to transmit such appeal4 to the Clerk of the Superior Court of the County in which such verdict shall be obtained, who shall enter the same on the appeal docket, which appeal^ shall be admitted and tried by a special Jury : Provided, tlfe person or persons so appealing shall,-previous to obtaining such ap¬ peal, pay all costs which may have arisen on the former trial, and * As to judgments against partnership where all are not served, sec subdivision " Par¬ ties," sec. 103. As to property exempt from sale, see " Insolvent Debtors," sec. 16, note. fUut see Act of 1822, sec. 135; see also sec. 145, as to how far verdict in trovervests the property in plaintiff. j Repealed by Act of 1822, sec. 137. ^Appeals from Ordinary, sec. 139. • (1.) The judgment lien takes precedence of factor's lien, subsequent in date. 5 Ga. 153. Judgment has no lien on notes and chases in action. 6 Ga. 550. Judgment lien having attached on property removed to another State, may he enfor¬ ced if it is brought back. 7 Ga. 353. See Wellborn vs. Bonner, 9 Ga. Rep. (2.) The appeal will he presumed to be in time, unless the contrary appear. 1 Kelly( 275. (3.) An appeal suspends, does not vacate the judgment, and if dismissed or with¬ drawn, the rights of all the parties are the same as if no appeal had been entered, and judgment accordingly. 1 Kelly, 92. An appeal lies from a confession of judgment reserving the liberty. 1 Kelly, 275 ; and may be entered by the attorney, lb. (4.) Sending up the original papers with a certified copy of the bond, is a compliance with this requisition. 1 Kelly, 275. JUDICIARY.—Sup'r and Inf'r C'ts—Action—1799-1810. Mis-trial—Confession—Interest. 495 give security1 for the eventual condemnation money* except execu¬ tors and administrators,12 who shall not be liable to give such secu¬ rity ,t but if, 011 hearing such appeal, it shall appear to the Jury that the appeal was frivolous, and intended for delay only, they shall as- 95 per cent, sess damage to the party aggrieved by such delay, not exceeding pw- tweuty-five per centum on the principal sum which they shall find due ; and such damages as shall be so assessed, shall be specially no- ^pdrawal ticed in the verdicts or such Jurors,3 and no person shall be allowed of appeal, to withdraw an appeal after it shall be entered but by the con¬ sent of the parties. And in case of a Jury committing a contempt, or breaking up before giving in their verdict in any civil case, the Court may declare the same a mis-trial, and shall fine each of the Mis-trial, offending Juror or Jurors in a sum not exceeding one hundred dol¬ lars. And if any party, plaintiff or defendant, be hereafter nonsuit¬ ed or cast, by reason of the neglect or misconduct of the attorney, who shall hereafter bring or be employed in such suit, in all cases Attorney iia- the said attorney shall pay all costs that may accrue thereby, and the Court shall immediately enter up judgment accordingly for thecas6*' same. 132. Sec. XXYII. No confession of judgment shall hereafter be confession entered up, but in the County where the defendant or defendants0 JUUt>!ULU * may reside, or unless the cause hath been regularly sued out and docketed in the usual way as in other cases, nor until such cause be called in order by the Court for trial.4 133. Sec. XXYIII. No verdict shall be received on any unliqui- dated demand where the Jury have increased their verdict on account.cuted de- of interest, nor shall interest be given on any open account, in the mdn Su nature of damages. Sec. XXIX. [Superseded by Act of 1S12.] An Act to poInt out a regular and definitive Rale for the Priority of Judgments, obtained in the several Courts of tins State.—Approv¬ ed Dec. 13. 1810. Yol. II. 621. 134. Sec. I. From and after the passing of this Act, all judg¬ es But see Act of 1S42, sec. 150. See also Act of 1839, sec. 117, as to appeals by one of several parties ; and Act of 1813, sec. 151, and note thereto, as to appeals in Equity cases. fSce Act of 1813, sec. 152, as to appeals by executors, &c. [1.] The security may be released and another substituted by order of Court. 1 Kel¬ ly, 176. The bond need not be attested by the Clerk. 1 Kelly, 275. Nor signed by the party. 2 Ibid. 236. If signed by an attorney, it may be ratified subsequently by leave of Court. 6 Ga. 92. (2.) If the appeal is entered by intestate, in his lifetime, and security becomes in¬ solvent, administrator need not give additional. 2 Kelly, 272. If judgment is against executor personally, and not the assets of estate, he must give security. McCay vs. Devers, 9 Ga. Rep. (3.) The security may be charged by sci. fa. 6 Ga. 416. (4.) Either party has a right to confess judgment, with liberty of appeal, "without the consent of the other party, 5 Ga. 298. 496 JUDICIARY.—Sup'r and Inf'r C'ts—Action—1S10~'22. Lien of Judgments—Renewal—Effect of appeal- All jmijrm'ts ments obtained in the Superior, Inferior or Justices' Courts of this ul dl=triimtte State, shall be entitled to the right or claim of any money received ins money. ]->y Sheriffs, Coroners or Constables, agreeable to the date of such judgment or judgments, and that all the property belonging to the defendant or defendants, shall be bound and subject to the discharge of the first judgment or judgments, obtained in either of the afore- ir claimed said Courts :* Provided, the demand of such right is made before in time. any ^ officers have paid the money over to the plain¬ tiff in interest; any law, usage or custom to the contrary notwith¬ standing.1 Sec. II. [Directing how claims shall be tried in Justices'Courts. See Justices of the Peace, sec. 9.] An Act explanatory of the several Judiciary Laws of this State.— Approved Dec. 7, 1812. Yol. III. 382. Judprm'ts 135. No part of the Judiciary Laws of this State shall be so renewed! ^ construed as to require the renewal of any judgment as heretofore practised, or in any other manner whatever.f An Act to amend the 26th section of the Judiciary Act, passed 16th day of December, 1799 ; and also to prevent a fraudulent enforce¬ ment of Dormant Judgments.%—Approved Dec. 19, 1822. Yol. IY. 209. A contrariety of decisions having taken place in the different circuits in this State as to the time when the property of the party against whom a judgment is entered shall be bound ; and dormant judgments, by being collusively kept open, or made the instruments of fraud on innocent purchasers, and often operate oppressively on vigilant and bona fide creditors; Dpfp-ni,onC' rendered in any of the Courts of this State, on which no execution .ccOoii'be61,shall be sued out, or which executions, if sued out, no return shall n^r ion, and shall be unable to pay cost and give security, as now re¬ quired by law, if such party will make and file an affidavit in writing, that he or she is advised, and believes that he or she has a good cause of appeal, and that owing to his or her poverty,1 he or she is unable to pay the cost and give security, as now required by law in cases of an appeal, such party shall be permitted to appeal without May appeal, the payment of cost, and without giving security, as heretofore prac¬ tised in thisJState. Sec. II. TAs to certioraries; see Art. Y. "Certiorari," &c. 237. J An Act declaratory of the Law of this State relating to Appeals in the Superior Courts.—Assented to Dec. 27, 1843. Pam. 123. 151. Sec. I. Be it enacted, That in all cases hereafter to be Appeals "in tried in the Superior Courts of this State, on the Equity side there- c2on3 in of, either party who may be dissatisfied with the verdict of the Jury, Law cases-* may enter an appeal in like manner and under the same limitations and conditions as are prescribed in cases at Common Law, which ap¬ peal shall be tried by a special Jury under the provisions governing Common Law cases.2 * 111 is Statute was passed to relieve the Courts from a contrariety of opinion as to the right of appeal in Equity causes. The Judiciary Acts of 1792 and 1797, provided that the Superior Courts should " be competent to sustain a suit by bill and proceedings therein, until the setting Sown of the cause for hearing; such Superior Court shall then submit the merits of the suit, with the evidence thereon, which in all cases shall be given viva voce in Court (or otherwise within the rules of the Common Law,) and all matters respecting the same to a special Jury, who shall give their verdict on the same; but if either party shall be dissatisfied with such verdict, an appeal may be entered in the Cleric's office within ten days after trial, when a hearing of such cause shall again be had before another special Jury, and such trial shall be final and conclusive." The Act of 1797 repealed the Act of 1792, and the Act of 1799, repealed this section of the Act of 1797, with others, and is itself silent on this subject. The Constitution of 1798, however, renders Jury trial, "as heretofore used," inviolate. The Convention of Judges in Pool vs. Burnett, JJud/ey's Bep. 8, held that these provisions of the Acts of 1792 and 1797, were still in force—and this opinion seems to be sustained by the Su¬ preme Court. Margraves vs. Lewis, 7 Oa. Hep. 126. (1.) The affidavit must allege that the inability arises from poverty. 3 Kelly, 252. (2.) When an appeal is entered, the injunction is not dissolved as a matter of course. 2 Kelly, 265. 502 JUDICIARY—Si p'r anb Inf'r C'ts— Action—1813-'50. Appeals by Executor and Administrator—Judgments on Bonds—ltevival of judgment. An Act to authorise parties to enter an Appeal, in certain casts therein mentioned.—Assented to Dec. 27, 1843. Pam. 124. party dying 152. Sec. I. Be it enacted, That in all cases hereafter to be tried 4days, ei- in any of the Courts of this State, when either the plaintiff or de- minUirTro1/" fendant shall hereafter depart this life, after said cause has been tried, Squalify-and before the time has expired, which such party has allowed by ing. law to enter an appeal, and 110 appeal shall have been entered, it shall • be the right of the legal representatives of such party dying, to enter an appeal within four days from the time such executor or adminis¬ trator shall have been qual ified : Provided however, that in the con¬ struction of this Act, no appeal may be entered in causes not the subject matter of appeal, in suebcas- 153. Sec. II. Whenever an appeal shall be entered under this unnecessary Act, it shall not be necessary to revive suit under scire facias; but suit shall be revived by the party giving notice to the adverse party within thirty days from the time of appeal; and whenever a de¬ fendant shall appeal, said cause shall stand for trial oil the appeal docket, at the first Court after twelve months shall have expired after such executor or administrator shall have been qualified. An Act directory of the mode of entering up judgment 071 official or voluntary bonds.—Approved Dec. 30, 1847. Pam. 201. fof "mnf ®EC' Be it enacted, That from henceforth all judgments of verdict. rendered against the obligor or obligors of any bond, whether official or voluntary bonds, shall be for the amount of damnification found by the .verdict of the Jury, and not for the penalty thereof, as has been decided in some of the Courts of this State. successive 155. Sec. II. Until the penalty of said official or voluntary bonds itmfi penalty has been exhausted by previous recoveries and satisfaction thereof, 13 exhausted. no person aggrieved or injured by the conduct of any one of the obligors, shall be prohibited from suing said [bond] or bonds, nor shall any previous recovery thereon be held as a bar to such subse¬ quent suit, until the person pleading it shall prove that recoveries have been had to the extent of the penalty of such bond : Provided, nothing herein contained shall be construed to affect any cause here¬ tofore decided.1 An Act to perfect service of scire facias on absent defendants by pub¬ lication, for the purpose of reviving dormant iudgments.—Appro¬ ved Feb. 8, 1850. Pam. 272. Judgments 156. Sec. I. Be it enacted, That from and after the passage of against ab- this Act, whenever any judgment obtained in any of the Courts of an"Laefend this State, is or shall become dormant, and the defendant or defend- (1.) See Bothwell et. al. vs. S-htffietd et. at, 8 Ga. R. 6C9. JUDICIARY.—Sup'r and Inf'r C'ts—Action—1799. 503 New Trials—By whom granted. ants do or shall reside without the jurisdictional limits of. this State, that said judgment may be revived against said absent defendant or defendants by such process as is usual in case the defendant or defendants reside within the State: Provided always, that 'theservice by defendant or defendants be served with a scire facias by pub-publKitlon' lication in some public gazette of this State, once a month for four months previous to the term of the Court at which it is intended to revive said judgment, which service by publication shall be as effectual in all cases as if the defendant or defendants had been per¬ sonally served. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. 6. new trials. Sec. 157. Errors and new trials. I Sec. 153. Tried by special Jury, " lot). Prom trials by special Jury, | Judiciary Act of 1799. Vol. I. 292. 157. Sec. LV. The said Superior Courts shall have power toSha11 corifft , 1 . -t _. i errors and correct errors and grant new trials in any cause depending in any oi sm«nt new the said Superior Courts, in such manner and under such rules and nd!" regulations as they may establish, and according to law, and the usages and customs of Courts.1 Sec. LVI. [Oath of the special Jury repealed.] 158. Sec. LVII. In any case which has arisen since the sign- new trials, ing of the present Constitution, or which may hereafter arise, of a verdict of a special Jury being given contrary to evidence and the principles of justice and equity, it shall and may be lawful for the Judge presiding to grant a new trial before another special Jury, in the manner prescribed by this Act; Provided, that twenty days' no¬ tice be given by the party applying for such new trial t% the adverse 20 days no. party of his intention, and the grounds of his application.3 And the Uce' said Judge shall, in all cases of application for new trials or correc- (1.) The Inferior Courts have no power to grant new trials. 6 Ga. 172. Public communication, in Court, by the Jury with the Judge, is 110 ground for a new trial. 1 Kelly, 200. Private communication may be. 7 Ga. 397. Maybe granted in Ep.iiry cases. 0 Ga.1. May be granted from the first verdict. 7 Ga. 4-38. On the ground of surprise. 5 Ga.lo For now matter or evidence 5 Ga. 80. 6 Ga. 276. Improper conduct of Jury. 5 Ga 8(1. (S Ga. 287. Verdict against evidence. 7 Ga. 269,283. Improper papers sent out. 7 Ga. 283, 337. Excessive damages. 8 Ga. 113. On ground of mistake of wit¬ ness. 8 Ga. 130. (2 ) Application for new trial, except in extraordinary cases, must be made during the term at which the trial was had. 1 Kelly, 252. It may be made returnable in va¬ cation. 4 Ga. 157. This Act is but an affirmance of the Common Law. 1 Kelly, 254. A Judge may decide the motion for anew trial, who did not preside on the trial. 1 Kelly, 306. 504 judiciary.—sup'r and inf'r c'ts—Action—1767. Decision of Judge to be written out—Costs in Civil Cases. tion of errors, enter his opinion 011 the minutes of the Court for his determination on each respective case.* before a spo- 159. sec. LYIII. All new trials shall be had by a special Jury, ciai Jury. ke taken from the Grand Jury list of the County. [As to this manner of striking the special Jury, see sees. 302, 307.]1 An Act to require the Judges of the Superior Courts of this State to icrite out and place upon the minutes of said Courts their decisions in full in all cases of motions for new trials, whether the same be granted or rejected, and upon all cases of judgment upon writs of certiorari, mandamus and habeas corpus, and upon all motions in arrest of judgment, and to provide [/or] the collection, publication and, distribution of the same.—Assented to 10th December, 1841. Pam. 132. [This Act has become obsolete since the establishment of a Su¬ preme Court.] An Act for the limitation of actions and for avoiding suits at Law, Approved March 26, 1767. Yol. I. 33. [For the other sections of this Act, see Art. XY. " Limitation of Actions."] in slander, 160. sec. YIII. In all actions upon the case for slanderous words', der 40 shii- to be sued or prosecuted by any person or persons in the General more costs Court in this province, or in any other Court having power to hold rhan.dama- pjea 0f samej after the passing of this Act, if the Jury upon the trial of the issue in such action, or the Jury that shall inquire of the damages, do find or assess the damage under forty shillings, then the plaintjff or plaintiffs in such action shall have and recover only so. much costs as the damages so given or assessed amount unto, with¬ out any further increase of the same, any law, statute, custom, or usage to the contrary in any wise notwithstanding.2 *See next Act. fFor the Acts regulating fees of different officers, see title "Fees." As to judgment for costs in proceedings to enforce liens, see Art. XIV. " Liens," sec. 330. For Act regulating costs of Solicitor General acting, and former Solicitors, see "Fees," 7. costs in civil cases.]" Sec. 160. Costs in slander cases. " 161. Attorney's liability. " 162. Verdicts less than $30. " 163. Absent clients. " 164. Attorney liable. " 165. Costs on fi.fas. " 166. Payable after judgment. " 167. Act of 1812 re-enacted. " 168. Non-resident Attorneys. " 169. When and how collected. 52. (1.) In all respects [as to amendments, &c.] the same as a case on appeal. 1 Kelly, 306. (2.1 See 5 Ga. 452. JUDICIARY.—Sup'r and Inf'r C'ts—Action—1799^1812. 505 Liability of Attorney—Verdicts under $30. Judiciary Act of 1799. Yol. I. 292. 161. Sec. XXYI. * *. And if any party, plaintiff or defendant, liability of attorney lor be hereafter non-suited or cast, by reason of the neglect or miscon- costs, duct of the Attorney who shall hereafter bring or be employed in such suit, in all cases the said Attorney shall pay all costs that may accrue thereby, and the Court shall immediately enter up judgment accordingly for the same.* An Act to amend the XXVIth section of the Judiciary Law of this Stale.—Approved Dec. 12, 1809. Yol. II. 573/ Whereas, a practice has been adopted, and now prevails in some parts of this State, of bringing Suits to the Superior and Inferior Courts for debts which constitutionally are, and by law ought to be exclusively cognizable in the Justices' Courts, which practice is in¬ jurious and oppressive on many of the good citizens of this State, by subjecting them to more cost than was contemplated by the Consti¬ tution and Judiciary Laws of this State ; for remedy whereof, 162. Be it enacted, Spc. That where any suit shall be brought to on verdicts the Superior or Inferior Courts in this State, and the verdict of the !p'fno mora Jury shall be for a sum under $30, the defendant shall not be charged t-iewtts. with more cost than would have necessarily accrued : Provided, said recovery had been before a Justice of the Peace ; and the remainder of the Court charges may be retained out of the sum so recovered ; and if the verdict of the Jury be not of sufficient amount, the plain¬ tiff shall be bound to pay the same ; Provided, this Act shall not ex- Exceptions, tend to, and govern cases where the demand set forth in the decla¬ ration, shall be proven to exceed the sum of $30. Provided, noth¬ ing herein contained shall extend to any case sounding in damages. An Act\ to amend and explain the XXIXth section of the Judiciary Law of this Slate.—Approved Dec. 7, 1812. Yol. III. 381. Whereas, the above-recited section of the Judiciary Law of this State is not sufficiently explicit to effect the dbject for which it was intended, 163. Sec. I. Be it therefore enacted, &pc. That where any attor- Attorneys n- ney shall institute a suit in any of the Courts of this State for and in behalf of any person or persons who resides or reside out of this State, or out of the County in which the defendant or defendants may re¬ side, and in which such suit may (b8 tried, such attorney shall be li¬ able to pay all costs, in case such suit shall be dismissed, or the plain- whether tiff or plaintiffs be cast in his, her, or their suit, and it shall be law-tliey lose fill for the Clerk of said Court to issue execution against said attor¬ ney or attorneys for the amount of the cost of said suit. •Amended, sec. 1G3. 64 tRe-enacted in 1839, sec. 187. 500 JUDICIARY.—Sup'r anr> Inf'r C'ts—Action—1822-,34. Inability of Attorneys—Costs on levying li. fa.—Costs when paid. 164. Sec. II. Where any attorney shall institute a suit in any of the Counties of this State for any person who resides out of the Coun¬ ty in which such suit is brought, and judgment shall be obtained thereon, and the Sheriff shall return the execution, 110 property to bo found, that then the plaintiff's attorney shall be bound for the costs or sain their of said suit and the Clerk may issue his execution against the plain- 8U!L tiff and the attorney who brought said suit jointly, for the amount of ol-erVr^nf- ^ie cost snch suit; and if any attorney shall retain in his hands m.-noy or bV any money received by him for any client, after being by the Court the'roii^"' ordered to pay over the same to the principal, he shall be struck from the list of attorneys, and never more suffered to plead in any of the Courts in this State. An Act to prevent Sheriffs, Coroners, Constables, Town and City Marshals, and all other Officers in this State, from retaining costs .on younger judgments, to the prejudice oj the rights of older judg¬ ment creditors.—Approved Dec. 19, 1822. Vol. IV. 211. Co?!* not to 165. When any Sheriff, Coroner, Constable, Town or City Mar-* 1)0 retained * on a younger shal, or ether officer of this State, has several executions in his hands dh'e of anju" at the same time against the same defendant, it shall not be lawful except Kwy-f°r such officer to detain the costs on any younger judgments to the v"rttninpublic officers of this State, passed, VSlh Dec. 1792," shall be tax¬ ed and collected in future.—Approved Dec. 20, 1834. Pam. 93. Whereas, iu. some Circuits of this State a variety of practice, in re¬ lation to the taxation and collection of costs, has obtained under the above recited Act: for the purpose of rendering the mode uniform and consistent with the design of the Legislature in said enactment.— copisnot 166. Be it enacted, That from and after the passing of this Act payable till . ° after judg- suitors shall not be required to pay the Court costs, or any part thereot, nen at the several progressive steps or stages of their suits, as has been required by the decision of some of the Courts; but that the mode heretofore practised in other Courts, viz. the taxation of the costs which plaintiffs were supposed to have paid to the entering up of judgment, in the judgment of the plaintiffs—be, and the same is hereby declared to be the true intent and meaning of the Act of 1792 upon this subject; gild that the officers of Courts be, and they are hereby prohibited from demanding or receiving the cost or fees which the said fees bill or the Acts amendatory thereof prescribes, until after judgment, and then to be raised by the execution of plaintiffs from ,—Sup'r and Inf'r C'ts—Action—1839-'42. 507 Liability of non-resident Attorney—Uniform mode of taking and collecting costs. defendants, if enough can be collected for such purpose; if not, then by a fi.Ja. or ca sa. issued under the order of the Court first had and obtained, out of plaintiffs.* Sec. II. All laws or parts of laws militating against any of the provisions or directions of this Act are hereby repealed. #\n Act to continue in force the Act passed on the seventh of Decem¬ ber, 1812, entitled " an Act to amend and explain the twenty-ninth section of the Judiciary Law of this State f and to require non¬ resident Attorneys to pay costs in certain cases commenced by them. Assented to December 23, 1839. Pam. 144. "Whereas, it is held, in seme of the Judicial Circuits of this State, that the said Act, so far as the same relates to the liability of attor¬ neys for costs, has been repealed by the Act passed on the twentieth -of December, 1834, entitled "an Act to define the mode in which cost under the Act. entitled " an Act to revise and amend an Act for ascertaining the fees of public officers of this State," passed the 18th December, 1792, shall be taxed and collected in future," which re¬ peal was not comtemplated by the Legislature ; therefore— 1G7. Sec. I. Be it enacted, That the said first recited Act, be, actofisia and the same is hereby fully re-enacted, and continued in full force. re~endCterty 011 which to levy the execution, being in the betaken, hands and possession of any person not a party to such judgment, the Sheriff shall not levy thereon, but shall proceed to levy on snch property as may be found in the hands and possession of the defend¬ ant, who shall nevertheless be at liberty to point out what part of his property he may think proper, which the Sheriff" shall be bound to take and sell first, if the same is in the opinion of the Sheriff suffi¬ cient to satisfy such judgment, where a ca. 175 gEC_ jp Where any execution shall have issued or may ta is not sal- J i-ficd, -Afi./a. herearter issue again4 the body* of any defendant, and the same isJ ' shall not have been satisfied, it shall be lawful for an execution to issue against the property ol such defendant or defendants on the return of said execution, which had been issued against the body of fvrovfis the said defendant or defendants. And that when an execution 1 vpreli up to against the body of any defendant shall have been served, the party Mti»tyaca. wpom t|ie samc shall have been served, shall be released, Provi¬ ded, he, she, or they, shall deliver to the officer serving the same, the property which shall, in the opinion of such officer, be suffi¬ cient to discharge the debt and all costs, and give sufficient security to the said officer that the property so delivered is bona fide the prop¬ erty of the defendant or defendants, and subject to the discharge of the said debt. In which case the officer shall return the execution wimt r,-u>e so issued against the body of the defendant or defendants, and take sitrh proper-out an execution against the property of such defendant or defend- <-U ants, and proceed to advertise and sell the property so delivered up to satisfy such execution as heretofore practised. An Act to alter and explain the first section of the Act of Dec. 29, 1808, (see sec. 172, &c.)—Approved Dec. 16, 1811. Yol. III. 140. 176. Sec. II.f The first section of the before recited Act shall * As to prison bounds, and discharge under honest debtor's Act, see title " Insolvent Debtors." fEor sec. I see " County Officers," sec. 1-1. (1.) An undivided interest in personalty may be sold. 2 Krlty, 73. Cannot be issued until four days after the adjournment of the Court. 5 Ca. G4. Ilowfar a levy is satisfaction, considered. 6 Ca. o?3, 410. The interest of a dov- cress in land and as a co-distributee, may be levied on and sold. 6 Ca. 453. JUDICIARY.—Stjp'r and Inf'r C'ts—iction—1821-'22. 5! I ' Writs of possession—Hours of sale—Sale of bank and other stock by Sheriff. not be so construed as to authorize any Judge of the Superior writs of Courts to order writs of possession to issue against a third person re- ^aiuwtngo siding within the limits of any such survey or tract of land so offered M for sale: Provided also, that such person shall not be known in the the suit, who ... • • i i • artt a'so suit on which such execution is rounded, nor have been put m posses- summs rs to sion by, or claimed under or by virtue of any conveyance from the LnV]?iue!" defendant in such suit.* An Act to alter and amend the thirty-third section of an Act, entitled, " An Act to revise and amend the Judiciary system of this State,'''' passed110th February, 1799, so Jar as relates to the hours oj' Sh< r- ifs' and Constables'1 Sales.—Approved Dec. 21, 1821. Vol. IV. 208. Whereas, the hours of Sheriffs' and Constables' sales are thought to be too short, and attended with great inconvenience to the Sher¬ iffs and Constables, and frequently to the injury of parties concerned ; for remedy whereof, 177. Be it enacted, That from and after the passing of this Act, Thehour? of the hours of Sheriffs' and Constables' sales will be from ten o'clock cdnst«MeT'd in the forenoon until four o'clock in the afternoon : all laws and saicw from io ' 1 0 *UC'C parts of laws militating against this Act. be^ and the same are here-4ojcioc . by repealed. An Act to make Bank and other Stock subject to Execution.—Ap¬ proved Dec. 21, 1822. Vol. IV. 71. 178. From and after the passingof this Act, the shares or stock Bank stocft owned by any person in any of the banks or other corporations iu ® this State, shall be subject to be sold by the Sheriff or his Deputy, e mention, under execution. 179. Sac. II. When any Sheriff or his Deputy shall have pla-shallbe«fid ced in his hands any execution against any person who owns any ""'he?16 ^ stock or shares in any of the banks or corporations of this State, it shall be lawful, and he is hereby required, on application of the plaintiff, his agent or attorney, to endorse on said execution a levy of the number of shares belonging to the defendant, and after adverti¬ sing the same agreeably to the law regulating Sheriffs' sales, shall thereafter proceed to sell the said shares or stock: Provided always, that lie shall set up one share at a time, and shall sell no more than is sufficient to satisfy the amount of executions then in his hands. 180. Sec. III. When any Constable shall have any execution -onatabies placed in his hands against any person who is the owner of any shares or stock in any banker other corporation in this State, it shallt0 Shuiii* be lawful, and he is hereby required, on the application of the plain¬ tiff, his agent or attorney, to endorse a levy on said execution or ♦See further as to -writs of possession, see. 1S1-. On decrees for specific performance, see ante. Art. 11. " Equity Jurisdiction," he. see. CG. 512 JUDICIARY.—Sup'r and Inf'r C'ts—Action—1822—'23. Sale of bank and other stock by Sheriff—Possession to purchaser. executions in like manner ; and it shall be his duty to make return of the same to the Sheriff of the County in which he lives, which said Sheriff shall proceed to sell as pointed out by the second section of this bill. Certificate to 181. Sec. IV. When the Sheriff or his Deputy shall sell any be g»ven, sjiares any x>anlx or other corporation in this State, he shall give a certificate of such sale to the purchaser. ttI>whvcrin such Sheriff or Coroner (as the case may be,) upon applica- pos CSi-ion tion, to put the purchaser, his or her agent or attorney, in possession sum,"! rte of the real estate sold: Provided, that this Act shall not authorize the Fro^so. officer making the sale to turn out any other person than the defend¬ ant in execution, his heirs, or their tenants, if such other person were in possession at the term of the rendition of the judgment; or if such person has acquired such possession under the judgment of a Court of competent jurisdiction, or claim under the person or persons acquiring such right by the judgment of such Court.*2 *See ante. Act of 1811, sec. 176. See also "Tax," 27. (1.) "Where stock was sold with notice of alien, the transfer cannot be obtained until that lien is discharged. 1 Kelly, 43. (2.) The widow of defendant, claiming dower, cannot be dispossessed of the mansion house. 3 Kelly, 207. If the tenant is not dispossessed before the officer selling goes out of office, it must be done by order of Court, with notice to the tenant. 4 Ga. 193. If the purchaser agrees for tenant to retain possession, he cannot afterwards require the Sheriff" to dispossess. 4 Ga. 193. If the Sheriff is about to dispossess one not a tenant of defendant, an injunction will not be granted except under special circumstances. 5 Ga. 576. A lessee older than the judgment cannot be dispossessed. 6 Ga. 423. JUDICIARY.—Stjp'r and Inf'r C'ts—Action—1830—'31. 513 Purchaser of mortgaged property and life estates—Liability of purchaser.' An Act to compel purchasers of mortgaged property, purchasers of life estates, or estates for term of years, in personal property, a,t Sheriff's, Coroner's or Constable's sales, to give bond.—Approved Dec. 22, 1830. Pam. 119. 185. From and after the passage of this Act, it shall he the du- Purchasers ty of purchasers of personal property, under the incumbrance of sales ofW mortgage, or mortgages, at any Sheriff's, Coroner's, [or] Constable's sale, to give bond and security, to the said Sheriff, Coroner, or Con- gf;e stable, in double the value of the property so sold, (of which the ficer selling shall be the judge.) conditioned not to move said prop¬ erty out of said State, and deliver up the same to the mortgagee, his heirs or assigns, on demand made after foreclosure of said mort¬ gage or mortgages: Provided, the mortgagee, his agent, or attorney, shall tender an affidavit, previous to the sale thereof, to the officer selling said property, stating that he, she, or they are just and bona fide mortgagees thereof, and that he, she or they, apprehend the loss of said property, unless bond be given in terms of this Act. 186. Sec. II. When any person shall purchase at any Sheriff's, also pur- Coroner's or Constable's sale, a life estate, or an estate for term of m'^tateSfin years in personal property, it shall be the duty of said Sheriff, Coroner or Constable, to require of said purchaser, bond and securi-made- ty as aforesaid, for the delivery of said property to the party entitled in remainder : Provided, the same is required by said party, his agent or attorney, who shall make affidavit of their right to said property, which shall be tendered to the* officer selling, previous to sale, which bonds when taken, shall be filed in the Clerk's office of the Superi- Bonds, or Court of the County where said sale is made, subject to be sued where filed> on, for the benefit and use of the said party, whenever the particular estate is determined, which said Court shall have power on sufficient cause shown, to compel said obligor, to give additional security, Additional] from time to time, as justice may require, on ten days' previous noticesecunty- being given.* 187. Sec. III. On failure of said purchaser to give bond and or property- security as aforesaid, it shall be the duty of the said Sheriff, Coronert0 e ^ or Constable, to re-sell the said property, at the risk and loss of such purchaser. Sec. 17. All laws or parts of laws, militating against this Act are hereby repealed. An Act defining the liability of purchasers of Real and Personal Estate, at executors', administrators,' guardians' and Sheriffs' sales, when they refuse or fail to comply with the terms of such sales.—Approved Dec. 27, 1831. Pam. 130. 188. From and after the passage of this Act, any individual who * Remaindermen and reversioners may obtain writs of m exeat; see Art. Y. «' Certio¬ rari, Ne Exeat," &c. sec. 232. 65 S14 „ "^Tr«T • . y.—-Sup'r and Inf'r C'ts—Action—1831—38. Liability of purchaser—Writing unnecessary—Growing crops—Illegality in Execution. Purchasers may become the purchaser of any real or personal estate at any sale saiesWm>t which shall hereafter be made at public outcry by any executor, ad- wi'tMhe"2 ministrator, guardian or Sheriff, and shall fail or refuse to comply with terms, liable the terms of such sale when required so to do, shall be liable for the for either the r i -i-ini fuu amount amount of such purchase money, and it shall be at the option of such •n a resale, executor, administrator, guardian or Sheriff, either to proceed against such purchaser, for the full amount of the purchase money, or to re¬ sell such real or personal estate, and then tp proceed against the first purchaser, for the deficiency arising from such re-sale,1 and in case of Sheriffs' sales, such suit may be brought in the name of the Sheriff for the use of the defendant or plaintiff in execution, or any other person in interest, as the case may be. Note or 189. Sec. II. No note or memorandum in writing, shall be ne- JTui'n uni?e- cessary to charge such purchaser at such sale, and who shall become ceasary. such by reason of such real or personal estate being knocked off to him, as the highest bidder. Sec. III. All laws or parts of laws militating against this Act, are hereby repealed. An Act to prevent Sheriffs and other Officers, from levying on and selling growing crops, except in certain cases.—Approved Dec. 29, 1836. Pam. 251. Growing 190. Sec. I. From and immediately after the" passage of this be soidTepa- Act, no Sheriff or other officer, shall hereafter levy on any grow- sheriff;y die croP corn5 wheat, oats, rye, potatoes, cotton, rice, or any other crop usually raised or cultivated by the planters or farmers of this State, nor sell the same until the said crop or crops shall be- Proviso. come matured or fit to be gathered :2 Provided, this Act shall net prevent any of said officers from levying on and selling crops, as heretofore practised, when the debtor or debtors shall abscond or re¬ move from the State or County, nor from selling growing crops with land. Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to amend the thirty-second section of the Judiciary system of this State, passed the lbthday of February 1799, so far as re¬ lates to illegality in executions.—Assented to Dec. 28, 1838. Pam. 145. illegality, 191* SEC- I- Be it enacted, That from and immediately after how return ^he passage of this Act, when any person against whom an execu¬ tion shall issue illegally, shall make oath thereof, and shall state the cause of such illegality, the Sheriff shall return the same to the (1.) This Act ousts Equity of jurisdiction—the remedy being ample. 5 Ga. 400. (2.) A growing crop, after it is laid by, and before maturity, passes to the purchaser of the land. 6 Ga. 453. JUDICIARY.—Sup'r and Inf'r C'ts—Action—1840-'43. 51& Forthcoming bond—Levy—Discharge of debtor from ea. set.—Relief of Officers. next term of the Court from which such execution issued: Provided, ' that the person alleging such illegality, shall also deliver to the Sheriff, ^°"dhcomLD? or other lawful officer, a bond with good and sufficient security con¬ ditioned for the delivery of the property levied on, at the time and place of sale, in the event of the causes or grounds of the alleged il¬ legality being overruled by the Court, and not otherwise ; and in all cases it shall be the duty of the Sheriff or other officers, to levy on Levy property, where any can be found, before receiving such affidavit.* Sec. II. All laws or parts of laws, repugnant to this ?Act, be and the same are hereby repealed. An Act to alter and amend the ninth section of the Judiciary Act of 1799, and the first section of an Act relative to executions, passed De¬ cember 14,18 LI.—Assented to Dec. 22, 1840. Pam. 114. Sec. I. [Process against Sheriff; see " Commencement, &c. Action," sec. 75.] Secs. II. and III. [Re-enacted with amendments, in 1847 ; see sees. 198,199.] 192. Sec. IV. When said process or execution shall be served or sheriff's fees levied by a Sheriff, out of his own County, that the Sheriff so serving and returning the same, shall receive in addition to the fees established by law for such service or levy, the sum of two dollars.f Sec. V. All laws and parts of laws militating against this Act be and the same are hereby repealed. An Act to he entitled an Act to authorize the plaintiff in all cases of ar¬ rest under a capias ad satisfaciendum, to discharge the defendant from imprisonment, andfor his property still to he hound for the debt.—• Assented to Dec. 9, 1843. Pam. 120. 193. Sec. I. Be it enacted, That from and after the passage of discharge of this Act, in any case where a debtor has been arrested under an exe- creditor does cution against the body, and is afterwards discharged from such im- [[[J debtfy prisonment, either by the authority of the plaintiff or otherwise, without the debt being paid, that such arrest and discharge shall not operate as a satisfaction of the debt, but the debtor's property shall still be liable to the judgment as though no arrest had been made— any usage, custom or law to the contrary notwithstanding : Provided always, that the officer making such arrest, shall endorse on such ex- Endorsem't ecution, that the defendant is discharged from arrest without having by otacer' paid the amount due. An Act for the relief of Sheriffs, Coroners, Constables, and other officers of the State of Georgia.—Assented to Dec. 9, 1843. Pam. 31. 194. S ec. I. Be it enacted, That whenever any officer shall ar- •See Att of 1845 ; sec 195. fFor fees generally, see title " Fees." 516 JUDICIARY.—Sup'r and Inf'r C'ts—Action—1845-'47. Relief of Officers—Illegality—Lands divided by County lines. officer made rest a defendant on a capias ad satisfaciendum, and said defendant shall escape,lor dn make his escape, and said officer shall be compelled to pay the amount* due on said capias, by reason of said escape, the Sheriff, Coroner, S^ro^of Constable or other officer, as the case may be, shall have the control jl% of the fieri facias issued, or to be issued on the judgment upoii which said capias ad satisfaciendum is founded, for the purpose of reim¬ bursing himself out of the property of defendant; and the said Sheriff, Coroner, Constable or other officer, as the case may be, shall control said fieri facias in as full and ample a manner, for the purpose of said reimbursement, as the plaintiff in said fieri facias might or could do, or could have done, had said capias ad satisfaciendum not have is¬ sued, or had the money due on said judgment not have been paid by order of ct. said Sheriff, Coroner, Constable or other officer ; Provided, that the Court by whose order or judgment such officer shall be required to pay the amount due, shall pass an order giving such control. Sec. II. That all laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act in relation to affidavits of Illegality.—Approved Dec. 27, 1845. Pam. 39. jvr.ding ii- 195. Sec. I. Be it enacted, That when any affidavit of illegali- oth- . ciff. fa. may ty shall be filed in terms of the law, for the purpose of staying i* ievied. .procee(ijngS when an execution is levied on property, the property so levied on shall be subject to levy and sale under other executions, and the officer making the first levy, shall claim, receive, hold and retain such an amount of the proceeds of sale as the Court shall deem sufficient to pay the execution first levied, including interest up to the time of the Court at which said illegality shall be deter- CoBdiaon. mined, and any bond given by the defendant on filing such affida¬ vit, shall be released and discharged, so far as relates to the property sold. An Act to enable Sheriffs or Coroners to sell tracts of land divided by a Comity line.—Approved Dec. 25, 1847. Pam. 282. saiecfiand 196. Sec. I. Be it enacted, That from and after the passage of cou'^y luL. this Act, where judgment shall be obtained against any debtor own¬ ing a tract or tracts of land divided by a County line or County lines, it shall and may be lawful for the Sheriff or Coroner of the County to levy on and sell the whole of said tract or tracts of land, notwith¬ standing part of said tract or tracts of land may lie in Counties of which he is not Sheriff or Coroner.* I*ether 197. Sec. II. Where any judgment debtor shall own any tract thae'liebt- or tracts of land divided by a County line or County lines, and no deci?1" part of such lands shall lie in the County [of his residence, J it shall and * Similar provision as to Administrators, &c. See "Executors, Administrators, &c." Sec. 146. JUDICIARY.—Sup'r and Inf'r C'ts—Action—1847. 517 Executions, &c. by and against Sheriff—Bond for titles. may be lawful for the Sheriff or Coroner of either County in which part of said tract or tracts of land may lie, to levy on and sell the whole of said tract or tracts of land. Sec. III. All laws and parts of laws militating against this Act be and the same are hereby repealed. An Act to alter and amend an Act passed 22d of Dec. 1840, entitled 11 An Act to alter and amend the 9th section of the Judiciary Act of 1799, and the first section of an Act relative to Executions, passed Dec. 14, 1811and to provide for the enforcement of judgment against land sold and bond for titles given.—Approved Dec. 29, 1847. Pam. 201. 198. Sec. I. Be it enacted, That the second section of this Act, Execution* of which this is amendatory, be amended so as to read as follows : in favor of or " Sec. 2. And be it further enacted by the authority aforesaid, That sfiermL •all executions, orders, decrees, attachments for contempt, and all fi¬ nal process hereafter issued by the Clerks of the Superior and Inferi¬ or Courts, in favor of or against any Sheriff of this State, shall be di¬ rected to the Coroner of the County in which said Sheriff may re¬ side, and to ail and singular the Sheriffs of the State, except the Sher¬ iff of the County in which the interested Sheriff may reside, which may be levied, served and returned by the said Coroner or other Sheriff, at the option of the plaintiff or party seeking to have the ac¬ tion of said officer or officers."* 199. Sec. II. The third section of the Act of which this is levy and amendatory, shall be so amended as hereafter to read and be as fol- sucu.unii"r lows: " Sec. III. And be it further enacted, That when a Sheriff shall levy on property by virtue of any execution directed and re¬ quired by the second section of this Act, (as hereinbefore amended,) said property shall be sold in the County in which the levy may be made, and that whenever any decree, order, ca. sa. attachment for contempt or final process, directed as required by the second section of this Act, (asnow amended,) shall be placed in the hands of any Sher¬ iff, and under and by virtue of said process, it shall become the duty, under the laws of this State, of said Sheriff to imprison any defend- /Wt ani ant or other delinquent, it shall be lawful for Said Sheriff to arrest Sremiac. the delinquent wherever found, and it shall be his duty to imprison him or her, either in the County where the arrest was made, or in the County where the arresting Sheriff may reside, at the option of the plaintiff or other person so requiring the services of said Sheriff. 200. Sec. III. When any judgment has been or shall be render- sale where ed, in any of the Courts of this State, upon any note or other evi- tie^giveJ! dence of debt, given for the purchase of land, where titles have not been made, but bond for titles given, it shall arid may be lawful for the obligor in said bond to make and file, and have recorded in the *For former Act of 1812 on this subject, see Art. XVII. " Officers of Court," sec. 379. See also sec. 205, Act of 1850, authorizing Constables to levy and sell. As to service of process, see sec. 71 of this title. 518 JUDICIARY.—Sup'r and Inf'r C'ts—Action—1850. Amending Illegality—Sale where bond for titles given. Clerk's office of the Superior Court of the County, a good and suffi- cient deed of conveyance, to the defendant for said land ; and there¬ upon the same may be levied on and sold under said judgment as ia other cases :* Provided, That the said judgment shall take lien upon the land prior to any other judgment or incumbrance against the de¬ fendant. An Act in relation to affidavits of illegality of execution.—Approved Feb. 22, 1850. Pam. 42. Affidavits «f 201. Sec. I. Be it enacted, That from and after the passage of may bety this Act, it shall and may be lawful for the defendant or defendants amended. in execution, in cases of illegality of execution, by leave of the Court, to make any amendment of the affidavit of illegality, which the de¬ fendant or defendants may deem necessary, and which amendment may be made either by the insertion of new grounds of illegality, or the correction of errors and mistakes in the affidavit of illegality, and the said amendments when made and sworn to, shall be taken as part of the original affidavit j1 Provided always, that the amending, party shall not be entitled to any delay or continuance of said case to which he would not have been entitled in case his affidavit had been perfect in the first instance. Continuance 202. Sec. II. Whenever an amendment is made under the pro¬ visions of this Act, the plaintiff in execution or his counsel, (if sur¬ prised by the amendment,) shall and may move a continuance of the case, and the Court shall charge the continuance to the amending party. An Act to amend an Act entitled an Act to alter and amend an Act passed 22(Z Dec. 1840, entitled an Act to alter and amend the ninth section of the Judiciary Act of 1799, and the first section of an Act relative to executions, passed Dec. 14th, 1811, and to pro* vide for the enforcement of judgments against land sold, and bond for titles ffiven, assented to Dec. 29, 1847.—Approved Feb. 11. 1850. Pam. 275. Adm'r, &c. 203. Sec. I. Be it enacted, That when any judgment has beeil tmes'whore or shall be rendered in any of the Courts of this State, upon any note en'and hive or °thcr evidence of debt, given for the purchase of land, where titles sold!811 ^ have not been made, but bond for titles given, it shall and may be lawful for the executor or executors, administrator or administrators of the obligor in such bond, to make and file and have recorded in the Clerk's office of the Superior Court of the County, a good and sufficient deed of conveyance to the defendant for said land, and thereupon the same may be levied on and sold under said judgment *See Act of 1850, see. 203. [1] For rule prior to Statute, sec 8 aa. 317. JUDICIARY.—Sup'rand Inf'rC'ts—Bills, Spc.—1799. 510 Execution vs. Sheriff—Bonds, Notes, &c. of equal dignity. as in other cases: Provided, That said judgment shall take lien up¬ on the land prior to any other judgment or incumbrance against the defendant. 204. Sec. II. Any laws militating against this Act be and the same are hereby repealed. An Act to alter, amend and explain, fyc. and to authorize Constat bles to levy certain executions.—Approved Feb. 8, 1850. Pam. 277. [Sees. I. and II. relate to Sureties. See Art. XXI. sees. 448, 449.] 205. Sec. III. That in all cases where any Sheriff may be a de- Constawes fendant in execution, it shall be lawful for the plaintiff to place his executions execution in the hands of any Constable of the County, who shallvs*Shenff' be and he is hereby authorized to levy and sell, as the Coroner Sheriff of an adjoining County is authorized to do in such cases. Sec. IY. All laws and parts of laws militating against this Act be and the same are hereby repealed. IV. BILLS OF EXCHANGE, NOTES, &c.* Sec. 20°). Bonds, notes, &c., equal dignity. Sec. 211. And interest. " 207. Specifics—value. . " 212. Extended to all bills. " 208. Five per cent, damages on bills. " 213. Holidays. " 209. Beyond U. S. " 214. No grace on sight drafts, " 210. Damages if protested. Judiciary Act of 1799. Yol. I. 292. 206. Sec. XXY. All bonds, and other specialties, and promisso-uon(1Si notes ry notes, and other liquidated demands, bearing date since the 9th day of June, 1791, whether for money, or other thing,f shall be of negotiable, equal dignity, and be negotiable by endorsement, in such manner and under such restrictions as are prescribed in the case of promisso- *For Act in relation to notice to indorsers of non-payment, &c. see Art. XXI.^'Sure¬ ties and Indorsers," sec. 437. As to proof of indorsement, see " Evidence," sec. 21. As to computation of time, see sec. 253 of this title. For Act making judgments negotiable, see Art. IIL "Action," "Verdicts, Judg, ments," &c. sec. 143, this title. As to what constitutes a seahd instrument, see " Evidence," section 29. For Act in reference to post notes, see "Banks and Banking," sec. 17. tRule of valuation; see next section. 520 JUDICIARY.—Sup'r and Inf'r C'ts—Bills, fyc.—1800. Specific articles—Rule of Valuation. ry notes.1 Provided, that nothing herein contained shall prevent the party giving any bond, note, or other writing, from restraining the negotiability thereof, by expressing in the body thereof such inten¬ tion.2 An Act to ascertain and establish a certain and unijorm mode of cal¬ culating the prices of specific articles in contracts between individ¬ ual and individual in this State.—Approved Dec. 1, 1800. Vol. I. 39. Whereas, it doth frequently happen that in the ordinary transactions between individuals of this State, contracts are entered into for the payment of specific articles, which contracts may have been either verbal or written ; And whereas, great difficulty and uncertainty has occurred in the trial of such cases in Courts of Justice, in ascertain¬ ing the time from which the prices of such specific article should be calculated; for remedy whereof, and for the establishment of some precise mode of estimation in future, value to be 207. Be it enacted, &fc. That on every bond, note, or other in- vfiien due, strument in Avriting, or verbal contract for the payment of negroes, produce, stock, goods, or other specific articles, of any nature or kind whatsoever; the price of such specific article at the time it be¬ came due, upon such1 bond, note, or other instrument in writing, or ver¬ bal contract as aforesaid, and having respect to the place, [where] made payable according to contract, if any, shall be the sole and estab- amibear 8 fished rule of valuation : and all and every such bond, note, or oth- per cent, in- . . . J .' '. terest. er instrument 111 writing, or verbal contract, for specific articles as aforesaid, shall bear interest at eight* per cent, from the time they become due, in like manner as if given for the payment of money simply j any law to the contrary notwithstanding. * Legal interest, 7 per cent; see title " Interest. (1.) .4 bill of sale is not negotiable under this Statute; it includes only liquidated de¬ mands for the payment of money or some article of property. 1 Kelly, 75. A note, to be negotiable, must contain negotiable words, as required by Statute of Anne. 1 Kelly, 236. A note not negotiable has all of the attributes and privileges of such contracts, as be¬ tween the parties. 1 Kelly, 236. An assignee takes it, subject to all equities. 6 Ga, 119. Suit may be brought on a note by one having no interest in it. 1 Kelly, 306. A memorandum at the foot of a note, showing how it may be discharged, does not change its character. 1 Kelly, 319. A promise to pay for an article to be delivered at a future date, is not a promissory note. 5 Ga. 165. A certificate of deposit, promising to pay to depositor or order at a certain time, is negotiable. 7 Ga. 81. A cotton receipt is not negotiable. 7 Ga. 104. (2.) As to sales of notes before and after due, see 4 Ga. 287. (3.) In declaring on such a paper, the value of the articles should be averred. 8 Ga, 51, JUDICIARY.—Sup'r and Inf'r C'ts—Bills, fyc.—1823~'27. 521 Damages on dishonored Bills. An Act concerning bills of exchange.—Approved December 19, 1823. Yol. IY. 212. 208. Whenever any bill of exchange hereafter to be drawn or five per ct negotiated within this State upon any person or persons of or in any (lishonMed1 State, territory, or district of the United States,* shall be returned llrawnwj a unpaid, and shall have been duly protested for non-payment in the ^so^r manner usual in cases of foreign bills of exchange, the person or state, persons to whom the same shall or may be payable shall be entitled to recover, and receive of and from the drawer or drawers, or the endorser or endorsers of such bill of exchange five per cent, damages1 over and above the principal sum for [which] said bill of exchange shall have been drawn, together with lawful interest on the aggre¬ gate amount of such principal sum, from the time at which notice of such protest shall have been given, and the payment of the said principal sum and damages shall have been demanded. An Act to reduce the damages upon bills of exchange drawn on any place beyond the limits of the United States, returned protested for non-payment; and to define more precisely the mode of Settling the same on the principles oj exchange.—Approved Dec. 24, 1827. Yol. IY. 221. Whereas, the damages at present established by commercial cus¬ tom and judicial decision in this State, upon foreign bills of ex¬ change returned and protested, are much too high; And whereas, a doubt exists what is the legal mode of settlement; for remedy whereof, 209. Be it enacted, That on the bills of exchange drawn in this i?nis of ex- State after the 31st day of January next, upon any place beyond the drawffon limits of the United States, which shall be returned protested for b[y,^Cthe non-payment, it shall be lawful for the holder or holders thereof to Y s- *nd re- A turned pro- recover from those liable for the payment thereof, the amount ol the tested, &c. said bill of excfrange, with postages, protests, other necessary expens- siiaiirccov- es, and interest upon the amount of these sums from the date of the [,Lust!Tc. protest until the time of presenting the same for payment in this State, at the rate established at the place at which the bill was pay¬ able ; and also such premium upon the face of the bill and the for¬ eign postages, protest, and necessary expenses, as good bills of ex- Premium, change upon the same place which such bill was made payable, or [are] worth, at the time and place of its demand in this State ; but if such bills are then and there at a discount, the holder shall deduct such discount upon and from the items of principal, foreign postage, protest and necessary expenses. ♦Extended to all bills; see next two Acts. (1.) Promissory notes payable out of the State,"and indorsed, are within the spirit of this Act. 3 Kelly,375. 66 522 JUDICIARY.—Sup'r and Ine'r C'ts—Bills, <$v.—1839-'50. Drawer's residence immaterial—Holidays—Days of Grace. damages, 210. Sec. II. It shall be lawful for the holder of such bill of exchange, so returned protested as aforesaid, also to claim and re¬ ceive from the person or persons liable therefor, damages at the rate of ten per cent, upon the amount for which the said bill was drawn, and interest 211. Sec. III. It shall be lawful for the holder or holders of such bill or bills returned protested as aforesaid, to recover the legal inter" est established in this State, from the time of presentment for settle¬ ment until paid, upon the sum or sums to which he would be en¬ titled by the before mentioned mode of settlement. An Act to alter and amend an Act concerning bills of exchange,pass* ed on the nineteenth December, 1823.—Assented to Dec. 21,1839. Pam. 59. extended to 212. Sec. I. Be it enacted, That all the provisions of said Act, able" out1 of "be, and they are hereby extended to all bills of exchange hereafter the state. (jrawn this State,) upon, or made payable [at,] any place within the United States, out* of this State, without reference to the resi¬ dence of the drawer or acceptor. An Act to designate the Holidays to be observed in the acceptance and pay ment of bills of exchange and promissory notes, and to disal¬ low the three days, commonly called the three days of grace, on all sight drafts or bills of exchange drawn payable at sight.—Approv¬ ed Feb. 8, 1850. Pam. 279. Holhlaj's not 213. Sec. I. Be it enacted, That the following days, namely: to be count- £rgt day 0f January, commonly called New Year's day, the fourth day of July, the twenty-fifth day of December, commonly called Christmas day, and any day appointed or recommended by the Gov¬ ernor of the State of Georgia, Mayor of any City, or other munici¬ pal authority in said State, or the President of the United States, as a day of fast or thanksgiving, shall for all purposes whatsoever as re¬ gards the presenting for payment or acceptance, and of protesting and giving notice of the dishonor of any bill or bills of exchange, bank check or checks, and promissory note or notes, made after the passing of this Act, be treated and considered as is the first day of the week, commonly called Sunday. 3rdicenot ai ^14. Sec. II. Three days, commonly called the three days of grace, iwcd on shall not be allowed upon any sight drafts or bills of exchange drawn sight drafts. paya^je at sight, after the passage of this Act; but the same shall be payable on presentation thereof, subject to the provisions of the first section of this Act. Sec. 3. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. In 1839 an Act was passed rendering it penal for certain banks to sell exchange at more than a specified rate. It was repealed in 1840, and both are omitted. JUDICIARY.—Sup'r and Inf'r C'ts —Certiorari, fyc.—1799-1811. 523 Certiorari, Injunction, Ne Exeat, &c.—Certiorari to Inferior Court. V, CERTIORARI, INJUNCTION, NE EXEAT, &c.* Sec. 215. Certiorari to Inf'r Court. Sec. 229. Repealing 5th sec. Act of 1811. " 230. Discharge of defendants. " 231. Judge interested. " 232. Remaindermen; Ne Exeat. " 233. New Security. " 234. Certiorari in six months. " 235. Injunction—at discretion. " 236. Second Injunction. " 237. Certiorari by pauper. " 238. Proceedings to Certiorari. " 239. Supersedeas. " 240 Judgment Superior Court. " 241. Injunctions by pauper. " 216. Costs and Security on Certiorari. " 217. Certificate thereof. " 218. Costs and security for Injunction. " 219. Surety—justifying. " 220. Granting out of circuit. " 221. Service on non-resident. " 222. Disposition of Injunction. " 223. Second Injunction. " 224. Ne Exeat for debts not due. " 225. Co-obligor—surety. " 226. Running Orphans' property. " . 227. Discharge of defendant. " 228. Disposition of property. Judiciary Act 1799. Yol. I. 292. 215. Sec. LIY. Where either party in any cause in any Inferior exceptions Court shall take exceptions to any proceedings in any case affecting forTue^u- the real merits of such cause, the party making the same shall offer such exceptions in writing, which shall he signed by himself or his attorney ; and if the same shall be overruled by the Court, it shall and may be lawful for such party, on giving twenty days' notice to the opposite party or his attorney, to apply to one of the Judges of the Superior Court, and if such Judge shall deem the said exceptions to be sufficient, he shall forthwith issue a writ of certiorari,1 directed to the Clerk of such Inferior Court, requiring him to certify and send up to the next Superior Court, to be held in the said County, all the pro¬ ceedings in the said cause, and at the term of the Superior Court to which such proceedings shall be certified, the said Superior Court shall determine thereon, and order the proceedings to be dismissed, or return the same to the said Inferior Court with order to proceed in the said cause. A.n Act to regulate the granting Certioraries and Injunctions in this Siate.—Approved Dec. 16, 1811. Yol. III. 133. 216. Sec. I. From and after the passing of this Act, it shall not No certiorari be lawful for any Judge of the Superior Court of this State to sane- ed unless tion or grant any certiorari, unless the person or persons aggrieved and pai'und se. applying for the same, shall have previously paid all costs which may curit>' sivcn have accrued on the trial below, and have given to the Magistrate or ♦For reference to Act requiring the Judge to write out bis decision, see "New Tri¬ als " For Act in reference to sanction by Judge, see Art. II. "Jurisdiction, Equity," sec. 63 tbis title. [1.1 This writ lies to a decision on rule vs. Sheriff, for a contempt in not paying over money. 2 Kelly, 22. In all cases of contempt. Query ? 230. In cases lying in discretion, the Inf'r Court will be controlled only where a fixed rule for governing that discretion applies, unless in cases of arbitrary abuse of it. 5 Ga. 623. 524 JUDICIARY.—Sup'r and Inf'r Cts—Certiorari, $*c.—1811 Costs and security—Injunction—On non-resident—Second Injunction. Magistrates, or Justices of the Inferior Court, or Clerk of the Infe¬ rior Court, as the case may happen, good and sufficient security for the eventual condemnation money, or any future costs which may accrue.* c£mfieate 217. Sec. II. The person applying for said certiorari shall pro- 5^*5? duce to the Judge authorized to grant the same, a certificate, from the ■Judge.10 the Magistrate or Magistrates, or Justices of the Inferior Court who tried the case, or Clerk of the Inferior Court, whose duty it shall be to give said certificate, informing said Judge that the costs have been paid, and security given in terms of this Act.f notnjunc- 218. Sec. III. No injunction shall be sanctioned or granted by unless costs any Judge of the Superior Courts of this State, until the party re- wcumy giv' quiring the same shall have previously given to the party against en- whom such injunction is to operate, by application to the Clerk of the Superior Court for that purpose, a bond with good and ample se¬ curity for the eventual condemnation money2 together with all future costs ; which said bond shall be lodged in said Clerk's office, subject to the order of the Court, and have paid all costs which may have accrued in the case, the subject of the injunction. J tbe surety 219. Sec. IV. Where any doubt arises as to the sufficiency of polled to jus the security tenderedi to any of the persons, authorized by this Act to Wy" take the same, the party so authorized to take the said security, may compel the party to justify upon oath, and such justification upon oath shall amount to such sufficiency as to exonerate the party taking the security, from any liability. No Judge to 220. Sec. V. No Judge of the Superior Court shall grant or sanc- SM" tion any certiorari^ or injunction out of his judicial district, unless there shall be a vacancy in any of the other districts, or the Judge tain cases, thereof be so indisposed, or be absent therefrom, so that the business of granting certioraries and injunctions cannot be speedily done. [Proviso repealed by Act of 1821, sec. 229.] service of 221. Sec. VI. In all cases of bills of injunction, where the de- 'vhereth" fendaut or defendants reside out of the State, a service on the attor- rosides^out ney of the plaintiff in the original action, and a publication of a six of me state. mouths' rule, obtained from the Judge granting the injunction, shall be deemed a sufficient service. || injunctions 222. Sec. VII. All bills of injunction granted by the Superior gue'd or dr~ Court, or any of them, or which may hereafter be granted, shall stand tiwfirjt1 and be considered as open for argument and amendment, at the first term. term of the Superior Court which ma y be holden after the passing of this Act, in and for the County where the suit originated, or the first And shaii be term after the granting such bill of injunction; and in all cases of afrhe'sec- injunction, they shall be disposed of, and a decision made at the sec¬ ond term. *But see Act of 1842, sec. 237. Must be applied for in six months. See Act of 1838, sec. 234. fSee Act of 1850 dispensing -with the granting of certioraries by the Judge, sec. 238. XBut see Act of 1850, sec, 235. ^Repealed as to certioraries, by Act of 1821, sec. 229, and see Act of 1850, sec. 238. || As to publication, see Art. II. " Equity Jurisdiction," sec. 65. [1] The "eventual condemnation money," is the amount ultimately fixed by the decree of the Court, and that decree is the only legal evidence of the amount, 1 Kelly, 72. JUDICIARY.—Sup'k and Inf'r C'ts—Certiorari, Sfc.—1813. 525 Second Injunction—No Exeat on demands not due—Co-obligors. ond term1 of said Court, held in and for the County where such suit originated, any law to the contrary notwithstanding. 223. Sec. VIII. The dilatory practice of granting bills of injunc- »?««>.a tion a second time, after the dissolution of the first bill or bills, shall junction not be admissible or allowed of in any case or cases whatever.*2 granted! An Act to authorize the Judges of the Superior Courts to grant writs of ne exeat in certain cases therein mentioned.—Approved December 6, 1813. Yol. III. 530. Whereas, great evils have existed and do yet exist in this State, in consequence of the law of England regulating writs of ne exeat not having provided for cases where the demand set forth by the complainant is not due; and whereas, no provision is made for cases of joint obligors or joint and several obligors, when a part of them remove, or are about removing without the jurisdictional limits of this State, without making satisfaction to the obligee or to the other obligor or obligors, by reason whereof, the payment of the debt de¬ volves on the obligor or obligors who remain within the State, and that too without the possibility of compelling the obligors or obligor removing, to pay or secure the payment of their proportionable part to the obligee or the complaining obligors. Fcr remedy whereof, 224. Sec. I. Be it enacted, Spc. That from and after the passage of judges may this Act, the Judges of the Superior Courts shall, and they are here- by authorized to grant writs of ne exeat, as well in cases where the jjuTince"01 debt or demand is not actually due, but exists fairly and bona fide intain Ciwes- expectancy at the time of making application, as in cases where the demand is due ;3 and all the proceedings shall be as heretofore prac¬ tised in this State, in restraining the person and property of the de¬ fendant until he secures to the complainant the payment of the de¬ mand, or shows good cause to the Court why he should not pay the same—all other proceedings to be in the same way as practised un¬ der this writ in other cases.f 225. Sec. II. In case of joint or joint and several obligors, if any exeat in one or more of them are about to remove without the jurisdictional obligors.00" limits of this State, and are carrying off their property, leaving one or more fellow-obligors bound with them for the payment of any debt, penalty, or for the delivery of property at a certain time, which time has not arrived at the time of such removal, such obligor or ob¬ ligors who remain, shall have the benefit of the writ of ne exeat to compel the removing obligor to secure the payment of his part of the debt, penalty, or of the delivery of the property; and also in cases of security, the security shall have all the benefit of the writ of ne ♦May be granted in certain cases. See Act of 1842, sec. 236. fDefendant, how discharged ; see Act 1830, sec. 230. • (1) After the parties are served and the cause set down for a hearing. 3 Kelly, 117, (2) As to dissolution of injunction, see 1 Kelly, 9. 3 lb. 435. 6 Ga. 220,423. (3.) May be granted at instance of wife suing for alimony. 8 Ga, 295. 526 JUDICIARY.—Sup'r and Inf'r C'ts —Certiorari, fyc.—1S14-'21. Orphans' property—Discharge of defendant. and security exeat against his principal or fellow-security, where the obligation or pincipal or debt is not yet due, and the principal or either of the securities are co-surety. a^out removing without the State: Provided nevertheless, that in all cases arising under this Act, the party complaining shall pursue the legal form and course of law as heretofore practised in this State —anything herein contained to the contrary nothwithstanding. An Act to authorize the several Court of Equity in this State to grant remedies in certain cases, and to regulate the Courts of Law and Equi~ ty in this State, fyc.—Approved Nov. 23, 1814. Yol. III. 39. Remedy 226. Sec. I. Where any person or persons has or shall run out sons'rut^61 of this State the property of a deceased person or persons, to the in- phans'ffprVjQry' °f orphans of said deceased, or to the injury of the next of e»ty- kin entitled to the same, it shall and may be lawful for the Judges of the several Courts of Equity in this State, upon application and the facts being stated on oath made to the truth thereof, and also the property being described, and its value sworn to by the person or persons entitled to said estate, his, her, or their agent or attorney, to give the party a remedy, either by arresting the defendant or taking his property, or both, as the Court in its discretion shall deem neces¬ sary and proper. Provided always, that the Judge granting the same shall take good security of the party, his, her, or their agent or attorney, in double the amount sworn, to make good all costs and damages the defendant shall sustain, if the plaintiff shall discontinue or be cast in said suit. andT^w ^27. Sec. II. The defendant if arrested, and his property also if pert.v may be taken, shall be discharged and returned to him on his giving good on giving se- security to perform the order and decree of the Court.* ifheyfaiis, 228. Sec. III. If the defendant fails, or neglects, or refuses to r? at^neTdis"- §Pve such security, the Court may make such disposition of the prop- cretion of erty as in its discretion it shall deem most advantageous to the par¬ tite Court. - • i i . i ° r ties on both sides. An Act to repeal so much of the fifth section of an Act passed on the 16 th Dec. 1811, entitled "an Act to regulate the granting of C-ertioraries and Injunctions in this State f so Jar as relates to Certiorarics.—Assented to Dec. 21, 1821. Yol. IY. 206. 229. Whereas, much inconvenience has resulted in practice and frequently great injustice has been done to parties litigant in the sev¬ eral Justices' Courts of this State, from the provisions of the said 5th section ; in remedy whereof, 5_?ec. Acjrf Be it, enactcd, fc. That so much of the 5th section of an Act ©d as to cer- passed on the 16th day of December, in the year 1811, as relates to forunes. certioraries, be, and the same is hereby repealed. *Sce Act of 1830, sec. 232. JUDICIARY.—Sup'r and Inf'r C'ts—Certiorari, &pc.—1830. 527 Judge Interested—Remainder men, &c. An Act to prescribe the mode of proceeding under writs of ne exeat, and to amend the laws regulating the granting of writs of injunction, by the Judges of the Superior Courts of this State.—Approved Dec. 22, 1830. Pam. 125. 230. In all cases where persons may he hereafter arrested by vir- Defendants tue of writs of ne exeat, they shall be discharged on their giving ITowVis-'11' bond, with good and sufficient security, either that they will not de-charged' part this State, or for the payment of the eventual condemnation money.1 231. Sec. II. In all cases in Equity, when the Judge of any where the Circuit may be a party to such suit, or when the complainant will lerested, any and shall make an affidavit, that the Judge of the Circuit where the mayrsandc-e cause is pending, or to be instituted, is interested in the subject mat-tk,n ter of such cause in Equity, it shall and may be lawful, for any Judge of the Superior Courts of this State, to sanction such bills in Equity and grant such writs of injunction, and others as may be ac¬ cording to law, to effect the object of such bills. An Act to authorize the issuing of writs of ne exeat, at the instance of persons claiming personal property, in remainder and reversion, and to preserve the rights of such persons.—Approved Dec. 23, 1830. Pam. 126. 232. It shall and may be lawful, for any Judge of the Superior Remainder Court of this State, On application to him by bill, at the instance of ve^ioneTo; any person, or persons, claiming personal property, in remainder and / reversion, to grant a writ of ne exeat, or other sufficient process2 to mayhavc a restrain the person or persons having the control or possession of properoaui1 such property, from removing the same beyond the limits of thismade" State; or to give good and sufficient security, residing in the Coun¬ ty, to the party claiming, in a sufficient penalty to be fixed by such Judge, that the property shall be subject, and accessible to the de¬ mand of the person, or persons, entitled thereto, in the County where¬ in such property may be at the time of issuing of such writ: Pro¬ vided, that the person or persons, or one of them, suing for the ben¬ efit of such writ, shall make affidavit of his, her, or their right to, and of' the value of the property in question; and that he, she, or they, entertain serious apprehensions, that the property will be re¬ moved beyond the limits of this State, and that his, her, or their rights, will be impaired, unless a remedy be afforded for the preser¬ vation thereof. 233. Sec. II. The Superior Court shall at the the term to which New bond such writ and bond may be returnable, and at any subsequent term, on exceptions to the sufficiency of the bond, or of the security, or sllowi»g. on a representation on oath, that the securities or some of them, have removed, or are about to remove, from the County, determine there- (1.) See 8 Go, Rep. 239, (2.)_See 8 Ga. Rep. 374. 528 JUDICIARY.—Sup'r and Inf'r C'ts—Certiorari, 1838-'<12. Certiorari within 6 months—Second Injunction—Paupers—Payment of costs. on, and may in its discretion, require a new bond, or additional se¬ curity, for the preservation of the property in controversy ; and may pursue such course therein, and in the matter of said bill, as to jus¬ tice may seem proper. An Act supplementary to an Act entitled an Act to regulate the grant' ing of Certioraries and Injunctions in this State, passed Dec. 4, 1811.—Assented to 29th Dec. 1838. Pam. 54. certiorari 234. Sec. I. Be it enacted, That from and immediately after the gwnted'af- passing of this Act, it shall not be lawful for any Judge of the Su- tex six mo's. perjor Court to sanction or grant any writ of certiorari under the provisions of the above recited Act, unless such writ of certiorari shall be applied for within the term of six months next after the case has been determined in the Court below.* Sec. II. All laws and parts of laws that militate against this Act, be, and the same are hereby repealed. An Act to amend an Act to regulate the granting of Certioraries and Injunctions in this State,passed Dec. 16th, 1811.—Assented to 27th Dec. 1842. Pam. 38. injunctions! 235. Sec. I. Be it enacted, That from and after the passing of diswedon'ofthis Act, the third section of the above recited Act, be so altered and the Judge. amended as to authorize the Judges of the Superior Courts of this State, to grant injunctions upon such security and under such terms as in their discretion such case may require. Second may 236. Sec. II. It shall be lawful for a second injunction to be be granted. granted in certain cases, where a previous injunction may have been dismissed, for cause not connected with the merits of the case, and when the Judge to whom the application may be made, shall be sat¬ isfied that a second injunction should issue. Sec. III. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to enable parties plaintiffs or defendants, in any Court of this State, to appeal without paying Costs, 6fc. and also to enable parties in Justices' Courts in this State to obtain Certioraries without paying Cost or giving Security, on certain conditions herein mention' ed.—Assented to Dec. 27, 1842. Pam. 13. Sec. I. [As to Appeals, see Art. III. "Action j" subdivision "Ver¬ dict," &c. sec. 150 of this title.] faupcr may 237. Sec. II. In all cases hereinafter determined, in any of the tforar! with- Justices' Courts of this State, on the appeal, and the party cast shall thelo!us ke dissatisfied with the decision, if such party will make an affida- *See Act of 1850, dispensing with the sanction of the Judge, sec. 833. JUDICIARY.—Sup'r and Inf'r C'ts—Certiorari, fyc.—1818. 529 Certioraries to Justices' Courts—Supersedeas. vit in writing, that he or she is advised and believes that he or she has good cause for certioraring the same to the Superior Court, and that owing to his or her poverty, he or she is unable to pay the cost and give security as required by law, such affidavit shall in every respect answer instead of the certificate of the presiding Justice, that the cost has been paid and security given as now required by law; and the Judges of the Superior Courts respectively, shall grant writs of certiorari on the production of such affidavits, if sufficient cause be shown in the petition and affidavit, any law, usage or cus¬ tom, to the contrary notwithstanding.* An Act to amend the several Laws of this State in relation to Writs of Certiorari.—Approved Feb. 21, 1850. Pam. 269. 238. Sec. I. Be it enacted, That from and after the passage of proceedings this Act, in all cases in any of the Justices' Courts of this State, certiorari to when either of the parties shall be dissatisfied with the judgment of cJur£ce's said Court, it shall be lawful as heretofore for said party so dissatified to apply for and obtain a certiorari on complying with the requisi¬ tions heretofore prescribed by law : Provided always, that the peti¬ tion for certiorari shall not be to the Judge of the Superior Court, but to the Superior Court, and on being filed in the office of the Clerk of the Superior Court, it shall be his duty to issue the writ directed to the Justices of the Peace of the district where the de¬ cision complained of was made, directing them to certify and send up the proceedings in the case to the next Superior Court, and in case the next Superior Court shall sit within twenty days after the When re- issuing of said writ, then the said writ shall be returnable to the next succeeding Court; which said writ shall be served on one of the served said Justices by the party applying for the certiorari, by the Sheriff, Deputy or any Constable, at least fifteen days previous to the Court to which the return is to be made ; and it shall be the duty of the Clerk of the Superior Court to place the case on the certiorari dock¬ et, which said docket the Judge of the Superior Court shall take up and dispose of in its order, under such rules, regulations and re¬ strictions as are now prescribed by law for disposing of certiorari cases. 239. Sec. II. That the writs of certiorari granted in each case supersedeas, under the provisions of the above section, shall operate as a super¬ sedeas of the judgment in the Justices' Court until the final hearing in the Superior Court. 240. Sec. III. In all cases when the error committed by said.Judgment of Justices^ourt is an error in law, which must finally govern the Supr Caurt' case, and in all other cases when the Judge of the Superior Court shall be satisfied there is no question of fact involved which makes it necessary to send the case back for a new hearing in the Justices' Court, then it shal| be the duty of said Judge to make a final decis- *See also as to Injunctions, sec. 2llr 67 530 JUDICIARY.—Sup'r and Inf'r O'ts—Citizenship—1838-40. Injunctions by paupers—Citizenship and Residence—"What constitutes residence. ion on said case without sending it back to the Justices' Court with instructions as heretofore. Sec. IV. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to authorize the granting Injunctions in certain cases Approved Feb. 8, 1850. Pam. 271. injunctions 241. Sec. I. Be it enacted, That from and after the passage of paupers ° this Act, the Judges of the Superior Courts' be authorized and em¬ powered to grant writs of injunction without the security now re¬ quired by law : Provided, the party applying for the same will first make an affidavit that from his or their poverty they are unable to give such security. ART. YI. CITIZENSHIP AND RESIDENCE* Sec. 212. Residence; how determined. Sec. 245. Parties. " 243. Citizenship; jurisdiction. •' 24S. Trial; Appeal. " 244. Petition, Process, &c. " 247. Disqualification. An Act to more fully define the legal residence of Citizens and In- habitants of this State.—Assented to Nov. 29, 1838. Pam. 203, Whereas, no small degree of embarrassment has arisen, and is likely to arise, from the indefinite manner in which the place of residence of citizens and inhabitants of this State is defined by law ; for remedy whereof, j Residence, 242. Sec. I. Be it enacted, That from and after the passage of mined. this Act, the place where the family of any person shall permanent¬ ly reside, in this State, and the place where any person having no family, shall generally lodge, shall be held and considered as the most notorious place of abode of such person or persons respec¬ tively.1 An Act to point out the tribunal and mode for the trial of questions oj Citizenship in certain cases, and to declare what shall be evi¬ dence in the samefi—Assented to Dec. 19, 1S40. Pam. 32. court 243. Sec. I. Be it enacted, That from and after the passage tionF b of this Act, the several Superior Courts of this State shall have ju- * See title "Foreigners," for disabilities of persons residing out of the State more than three years for purposes of education. Also as to rights and disabilities of for¬ eigners generally. i For Acts in relation to suits by persons of color for freedom, see title " Slaves, Pat¬ rols and Free Persons of Color," sec. 155, ct seq. (1.) Even though, boarding and doing business in another County. 2 Kelly, 171. JUDICIARY.—Suphi and Inf'r Wis—Claims, ^c.—1840. 531 Tribunal and trial of question of Citizenship—Claims and Forthcoming Bonds. risdiction over questions of citizenship which may arise in cases here¬ inafter provided. 244. Sec. II. It shall and may be lawful for any free white citi-Petition, zcn to file his petition in said Court, as in suits of a civil nature, against any person who may claim to exercise the rights and privi¬ leges of a free white citizen of this State, in which he shall distinctly allege that such person so claiming to exercise and enjoy the rights Allegation.' and privileges aforesaid, is of mixed blood, and not a free white citizen ; to which the Clerk of said Court shall annex a process, and a Process, copy thereof be served on the defendant, in the manner as now provi- Service, dedfor in cases on the Common Law side of said Court: Provided, that before filing such petition, the person filing the same shall make oath that the facts set forth in it are true according to his or her oath, belief or knowledge. 245. Sec. III. At any time any suits may hereafter be pending parties, under the authority of this Act, it shall be lawful for any person to make him or herself a party to it, and prosecute the same, subject to all the liabilities as though he or she had commenced such suit. 246. Sec. IY. All suits instituted as herein provided, shall be tried trial bcf ro by a special Jury, at the first term of the Court to which the samespccial Jury° may be returnable, unless continued according to the rules and prac¬ tice of said Court; and that final judgment shall not be rendered, either for or against the defendant, until there shall be two concurring Two conwr- verdicts, as in cases of divorce, according to the laws now in force ; nngverd-ots and the final judgment so rendered, shall be deemed and held in all the Courts of this State as conclusive upon the rights and privile¬ ges of said defendant. 247. Sec. Y. On the trial of any suit hereafter to be instituted Third by the authority of this Act, it shall be lawful for the plaintiff to a slave, or" prove that the defendant is descended from, and stands in the third de- o" ^fcari gree or generation to him or her who was or is not a free white citi- prav4d"ay b3 zen of this State, or of any other State whose Constitution and Laws tolerate involuntary slavery, or that said defendant has one-eighth of Negro or African blood in his or her veins. ART. YII. CLAIMS* AND FORTHCOMING BONDS. See. 218. Forthcoming Bonds. " 249. Claim; Oath; Bond; Burden of proof. " 250. Withdrawal; Appeal. '• 251. Trial; When; Where.' " 252. Damages, how assessed. Sec. 253. Forthcoming Bonds. " 254. Rights of plaintiffs. " 255. Making parties. " 256. Claim by agent or attorney. " 257. Forthcoming Bonds. *For Acts in relation to claims at executor's and administrator's sales, see title "Ex¬ ecutors, Administrators," &c. sees. 87, 83. In relation to claims to estrays levied on. see title " Estrays," sees. 25, 28. In relation to claims to property attached, see title " Attachment and Garnishment," sees. 5, 6, 31, 32, 47,51. In relation to claims to property where a lien is sought to be enforced, see Art. XIV. " Lien," sec. 324. In relation to claims by one partner, see Art. XIX. "Partners," &c. sec. 425. In relation to clajms to property levied on by tax ft. fa. see " Tax," sees. 45, 97. 532 JUDICIARY.—Sup'r and Inf'r C'ts— Claims, <$*c.—1811-21. Forthcoming Bond—Assignment—Interposition and trial of a Claim. An Act to compel Coroners, Sheriffs and Constables to receive secu¬ rities on certain occasions therein expressed.—Approved Dec. 16, 1811. Yol. III. 139. forthcoming 248. Sec. I. In all cases where a levy is made on property which times'the is claimed by a third person, and good and sufficient secuiity is ten- the°debt,of dered by the party claiming the same, it shall be the duty of oiich Sher¬ iff, Constable or Coroner, to take security for treble* the amount of the debt on which such execution is founded, for delivery of the prop¬ erty so levied on, at the time of sale, (Provided, the property so levied . on should be found subject to such execution,3) then and in that case, it shall be the duty of the Sheriff, Coroner or Constable, to leave the and thejpro- same in the possession of such claimant, and in case the said claimant with'the or security shall fail to deliver the property at the time and place of Bond assign sale agreeably to such bond, it shall be the duty of the officer taking plaintiff.'10 ^le same t° transfer such bond to the plaintiff in execution,* and said bond shall be recoverable in any Court of Law or Equity in this State, having cognizance thereof. An Act to alter and amend so much of the thirty-second section of the Judiciary, passed the 16 th of February, 1799,+ as respects Claims of Property in the Superior and Inferior Courts of this State.— This Act passed Dec. 15,1821. Vol. IV. 207. Preamble. Whereas, various constructions have been given in the different Courts of this State, as it regards claims of property, which tend to the manifest injury of the community, and frequent! y produced not only injustice to the plaintiffs in execution, but evidently to oppress and harrass them by delays of justice ; claimant 249. Sec. I. Be it therefore enacted, That when any Sheriff or oathto^ch^ Coroner shall levy an execution^ on property claimed by any person and"tiieaffi- not a Partyto said execution, such person^ shall make oath to said cer shall property, and it shall be the duty of such Sheriff or Coroner to pest- postpene , i n • . • i -ii sale, if it pone the sale or future execution of tiic judgment, until the next property, term of the Court from whence said execution issued * Provided, returned to the said execution is or should be levied on personal property; but wheretoe should said execution be levied on real property, and toe same should cHm tried claimed in manner aforesaid, then and In that case, b shall be the atiiHt term, duty of the officer making the levy upon real property <. report the ciafcause." same, together with the execution and claim, to the rw.t "e.-m of the Superior Court of the County in which the land so levied on shall *By Act of 1841, gee. 257, bond must be in doubts the value of the pre perty, and pay¬ able to the plaintiff. fThis section being entirely superseded, is omitted. - JWhere Justices' Court Ji.fa. is levied on slaves, see next Act, see. 251. §IBs agent or attorney; Act of 183J, sec. 25 j. (1.) In an action on a forthcoming bond, l is not necessary to prove a fersonal de¬ mand of the property at the time ar.dnbi'-j ..i sale. 6 Go. 200. JUDICIARY.—Sup'r and Inf'r C'ts— Claims, 1821. 533 Interposition and trial of a claim. lie ; and the Court to which such claim shall be reported, shall cause the right of property to be decided on by a Jury, at the first term, un¬ less special cause be shown to induce said Court to continue the case for one term, and no longer : Provided, the person claiming such property, or his agent or attorney, shall give bond to the Sheriff or value of the Coroner,1 as the case may be, with good and sufficient security, in a vledoivcon- sum equal to double the amount of the property levied on, at a reas- ditioned>&c onable valuation, to be judged of by the levying officer, conditioned to pay the plaintiff all damages which the Jury 011 the trial of the right of property may assess against him, in case it should appear that said claim was nlade for the purposes of delay ; and every Ju- Jury sworn ror on the trial of the claim of property, either real or personal, shall ies!'th*n° 10 be sworn, in addition to the oath usually administered, to give suchpercent' damages, not less than ten per cent,* as may seem reasonable and just, to the plaintiff against the claimant, in case it shall be sufficiently shown that said claim was made for delay only; and it shall be lawful for such Jury to give verdict in manner aforesaid, by virtue whereof judgment may be entered up against such claimant and his security or securities for the damages so assessed by the Jury, and the costs of The burden the trial of the risht of property : And provided also, that the bur- of proof on o I * » a ' tll6 piiiintiff den of proof shall lie upon the plaintiff in execution in cases where whsa pro- the property levied on is, at the time of such levy, not in the pos- f0£nd ?n de- session of the defendant in execution. 2 possession. 250. Sec. II. Whenever such claim of property may be made w in terms of this Act, the person claiming property levied on and re- drawn or turned to the proper Court by said Sheriff or Coroner, shall not be ued more permitted to withdraw or discontinue his said claim, more than once3 wjthom con- without consent and approbation of the plaintiff in execution, or ®?£tofplain- some person duly authorised to represent such plaintiff, but said Court shall proceed to the trial of said claim of property in manner aforesaid, and it shall be the duty of the Jury to award damages ac¬ cordingly : And provided further, that either party who may be dis- EUher Pfty satisfied with the verdict of said Jury, may enter his, her or their ap-mdyappc peal to a special Jury in the Superior Court of the County where said trial shall have been had, which appeal shall be subject to the same rules and regulations as govern in appeals in ordinary cases. Sec. III. So much of said thirty-second section of the Judicia¬ ry Act of 1790, as regards claims of property, which may militate against this Act, is hereby repealed. ♦For the form, of oath, see " Attachment," &c. sec. 35. For mode of assessing the damage, see Act of 1829, sec. 252. (1.) The bond should be payble to the Sheriff. 5 Ga. 576. A vendor's lien cannot be set up and asserted by claim to land levied on. 8 Ga. 258. The claimant may rent or hire out the property claimed. 8 Ga. 351 (2.) The defendant inJi.fa. an incompetent witness for claimant. 6 Ga. 365. The plaintiff in fi-fa. on the trial need not produce the judgment. 6 Ga, 410. Proof of possession of a slave of same name, ageandses., with the one levied on, suffi¬ cient to change onus. 6 Ga. 410. On a claim to a negro levied on by judgment quando, proof of possession by intestate at his death, and that possession never has been had by administrator, removes the onus, 1 Ga. 104. See 7 Ga. 495. (3.) And that prior to an appeal, if damages have been given. 8 Ga. 184. 534 JUDICIARY.—Slp'r and Inf'r C'ts— Claims, tyc.—1824-'29. Trial—Damages—Rule of Assessment—Forthcoming Bonds. An Act to provide for the trial of Claims of Slaves levied on under Execution.—Approved Dec. 7, 1824. Vol. IV. 215. Claim to be 251. In all cases where a writ of execution from a Justice's Court fust1 temTof shall have been levied on one or more slaves, and a claim to such inr'r cn slaves shall have been interposed according to the laws in force for ci *he coun- jpg ^jme being, such execution and claim shall be returned to the tv troni ^ wbence exc- next term of the Superior or Inferior Court whichever may first c^.ion issue 0f Qounty in which such execution was issued, and shall be there tried in the same manner as other claims which by law are or shall be returnable to those Courts respectively.1 An Act to define and make certain the mode of assessing Damages up% the trial of Claims of Property in the Superior and Inferior Courts in this Slate.—Approved Dec. 21, 1829. Vol. IV. 224. 252. Whereas, doubts have been entertained whether upon the trial of claims of property, damages should be assessed upon the amount of the execution, orthevalubof the property claimed, or upon the amount of the claim-bond ; for remedy whereof, Damage? on Be it enacted, That from and immediately after the passage of tdl'e asses°sw this Act, upon claims of property now pending, or which may be ed" hereafter pending in the Superior or Inferior Courts of this State, where damages shall be found by [the] Jury, the said damages shall be assessed upon the whole amount then due upon the execution Proviso, levied : Provided, the value of the property in dispute exceeds the amount of said execution; and upon the value of the prop¬ erty claimed when the same is less than the amount of the execu¬ tion levied; any law, usage or custom to the contrary notwithstand¬ ing. An Act to make valid the Bonds taken by the Sheriffs of this State, and their Deputies, Coroners and Constables from defendants in execution, for the delivery of property levied on by them.—Approv¬ ed Dec. 21, 1829. Vol. IV. 409. Forthcoming 253. From and after the passing of this Act, all bonds taken by ciared vaiir", the Sheriffs of this State, or their Deputies, or Coroners, or Consta- coverabie Tn bles, from defendants in execution, for the delivery of property on law, &.c. the day of sale or at any other time, which they may have levied on by virtue of any fi. fa. or other legal process from any Court, be, and the same are hereby declared to be good and valid in Law, and recoverable in any Court in this State having jurisdiction thereof. (1.) To prove payment of the ji. fa. it must be to plaintiff ox his assignee. 6 Ga. 575. The claimant may always prove it. Ib. He cannot show paramount title in a third person. Ib. 8 Ga. 556. He may show the mortgage and judgment fraudulent and void. 7 r:" JUDICIARY.—Sup'r and Inf'r C'ts—Claims, fyc.—1836-'39. 535 Death, of plaintiff—Claims by Agent or Attorney 254. Sec. II. The bonds taken in conformity with the first sec-not to preju- tion of this Act shall in no case prejudice or affect the rights of rights of the plaintiffs in execution, but shall relate to and have effect alone be- execution.111 tween the Sheriffs, their Deputies, the Coroners, and the Constables, and defendants by whom given; and the Sheriff shall in [no] case excuse himself for not having made the money 011 any execu¬ tion by having taken such bond, but shall be liable to be ruled as now prescribed by law.* An Act to amend the several Acts regulating Attachments in this State. and to regulate 'proceedings in certain cases, when the plaintiff shall die after rendition of judgment.—Passed Dec. 29, 1836. Pam. 36. Secs. I. to Y. [See "Attachment and Garnishment," 46 to 51.] jnau cases 255. Sec. VI. In all cases where any claim shall be interposed executor or6 for property levied on by virtue of a fieri facias, from any of the Courts of this State, and pending such claim, the plaintiff shall die, lastsurviv- it- shall and may be lawful for the executor or executors, administra- in execution tor or administrators of such deceased plaintiff, upon motion, in thej^e3onde Court where such claim is pending, to be made parties, instanter, and the said case shall proceed without further delay : Provided, the said executors or administrators, shall produce in Court, their letters testamentary or of administration ; and, provided, they shall give to the claimant, or his attorney, twenty days' notice of the said intend¬ ed application to make such parties. And provided always, in such cases, where there are more than one plaintiff, the cause shall proceed in the name of the survivor, and this Act shall not be applicable, ex¬ cept when the last surviving plaintiff shall die while such claim is pending. Sec. YII. All laws and parts of laws militating against this Act, are hereby repealed. An Act to amend the Claim Laws now in force in this State.—Assen¬ ted to Dec 21, 1839. Pam. 139. 256. Sec. I. Be it enacted, That' upon the levy of any execu- agent or tion hereafter to be made, upon any property, whether real or per -may claim sonal, it shall be lawful for any person or persons desiring to claim the same, to do so by him, her or themselves, his, her or their agent or attorney, in the same manner, and'under the same restrictions, as are provided for the issuing of attachment. Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. ♦See sec. 257. 536 JUDICIARY—Sup'r and Inf'r C'ts—Coroners, (^c.—1823. Forthcoming Bonds—Calendar Month—Coroners and Inquests. An Act to be entitled an Act to alter and amend the Claim Laws of this State.—Assented to Dec. ll, 1841. Pam. 128. bonddonb"/ ^ enac^e^i That in all cases of claim, whether the levy the value of be made under attachment or execution, the amount of any bond tnTpayabie given for the forthcoming of the property levied on shall be in double do plaintiff. the va]ue 0f SuCh property, to be estimated by the levying officer; and all such bonds shall be made payable to the plaintiff in attach¬ ment or execution, who may sue and recover on the same, upon breach of the condition thereof. ART. VIII. COMPUTATION OF TIME. An Act to alter the mode of computing time in certain cases.—As- sented to 28th Dec. 1838. Pam. 70. Month to be 258. Sec. I. Be it enacted, That from and after the passage of uwnth.ar this Act, in all cases whatsoever, where time is required to be com¬ puted by the month or by months, the computation shall be by the calendar month and not by the lunar month : Provided always, that this Act shall not affect rights or interests accrued before its passage. IX. CORONERS AND INQUESTS.* Sec. 259. Coroner's oath. " 260. Deaths in prisons and elsewhere. " 261. Precept for Jury. " 262. Execution by Bailiff. " 263. Report to Inferior Court. " 264. Juror failing—Fine. " 265. Verdict by majority. " 266. Duty and powers of Jury. " 267. Process for witnesses. Sec. 268. Return of inquest. 269. Evidence and witnesses. 270. Neglect of duty—Fine. 271. Bond. 272. Fees. 273. Summons of Jury. 274. Removal of Body. 275. Fees of Physician, An Act concerning Coroners and Inquests. Yol. IY. 404. -Approved Dec. 22,1823j Preamble. Whereas, much inconvenience is now felt from the existing laws on the subject of the duties and powers of Coroners ; 259. Be it enacted, That from and immediately after the passing of this Act, every person who shall be elected to the office of Cor* oner shall, before he enters upon the execution of the duties of his office, take the following oath or affirmation, to-wit: I, A B, Coro- * On inquests over slaves, fees to be paid by the master; see title " Fees," sec. 34. This is not aproper subdivision under the title ♦' Judiciary." The fact that Mr. Prince placed it here has alone controlled the compiler. Election of Coroners, see " County Officers," sec. 3. For Act declaring in what newspaper he shall advertise, see Art. XVII. " Officers ot Court," sec. 388. As to duty on arrest of insolvent debtors, see " Insolvent Debtors," sec. 14. JUDICIARY.—Sup'r and Inf'r C'ts—Coroners, fyc.—1823. 537 Oath of Coroner—Inquest—Jury—Precept. ner of the County of , do solemnly swear or affirm (as the Every pl¬ ease may be,) that I will well and truly serve the State of Georgia to the office in the office of Coroner of said County; that I will, to the utmost of °han™be!bre my power, faithfully and truly execute, or cause to be executed, all writs and precepts to me directed and which shall come to my hands, hif office> i -ii /• i e n ii i t li 7 take an oath. and will faithfully and truly return the same, according to the best The oath, of my knowledge, skill, and judgment; that I will in no case know¬ ingly use or exercise the said office illegally, corruptly, or unjustly ; that I will neither directly or indirectly, by any means or device, or under any color or pretence whatsoever, accept, receive, take, use, or enjoy, or consent to the accepting, using, receiving, taking, or en¬ joying any fee or reward of or from any person or persons whomso¬ ever, for the summoning, empanelling, or returning of any inquest, Jury, or tales to or in any Court for this State, or between party and party, other than such fees or rewards as are or shall be allowed by law for the same ; and that I will not directly or indirectly exact or demand any manner of fee or reward from any person or persons for serving, executing, or returning any writ, precept, process, execution, or inquisition, or for any other service in my said office, other than such fees or rewards as are or shall be allowed for the same by law, but that I will in all cases and things touching the duties of the said office demean myself honestly, fairly, and impartially, according to the best of my knowledge, skill, and judgment. 260. Sec. II. Every Coroner shall, upon view of the body, take to take inquests of deaths in prisons, provided such death happened sudden- a" athf in ly or violently, and without an attending physician, unless such death elsewhere, be attended by suspicious circumstances ; and of all violent, sudden,Prov,so- or casual deaths within his County, and the manner of such deaths. 261. Sec. HI. The Coroner as soon as he shall have notice, orshaii make be certified of any death as aforesaid, shall make out a precept di- m thepc a / o a corporation stock or manufacturing Company, to publish once a week for four shaii be no- successive weeks, in some public gazette of this State, notice of the stockholder, commencement of said suit or suits, and said publication shall ope¬ rate as notice to each stockholder in said incorporation, joint stock, or manufacturing company, for the purposes hereinafter mentioned. 277. Sec. II. When notice has been given as aforesaid, and awhenjuds- judgment or decree has been obtained against any incorporation, d^ed^exe" joint stock or manufacturing company, where the individual or pri- f^u vate property of the stockholders is bound for the payment of the whole or any part of the debts of said company, execution shall first issue against the goods and chattels, lands and tenements of said com¬ pany ; and upon the return thereof by the proper officer, with the upon return entry " no corporate property to be found," endorsed thereon, that execuhon""1 then and in that case it shall be the duty of the Clerk or other offi- *gai1nat®ach stockholder. cer, upon application of the plaintiff, his agent, or attorney, accompa¬ nied with a certificate, as hereinafter directed to be obtained, forth¬ with to issue an execution against each of the said stockholders (if required) for their rateable part of the said debt and costs of suit, in proportion to their respective shares or other liabilities under their charter of incoporation. 278. Sec. ill. It shall be the duty of the president, or presiding presifient officer, by whatever name he may be designated, upon application of the plaintiff, his agent or attorney, forthwith to give a certificate un- ^ names of der oath of the names of the stockholders in said company, and holders ai,d the number of shares owned by each at the time of the rendition of ofs™™sber judgment against said company. l>y 279. Sec. IV. If upon application by the plaintiff, his agent, or Upon failure attorney, to the president or presiding officer as aforesaid, he shall re- fsxSuTag"inst fuse to give a certificate as aforesaid, or shall abscond or conceal him- him- self to avoid giving the same, and oath being made by the plaintiff, his agent or attorney, of said refusal, the Clerk or other officer is here¬ by required to issue execution against said president or presiding of¬ ficer as aforesaid, for the amount of principal, interest and cost of said suit. 280. Sec. V. If the president, directors, or other officers of said rfthecom- company shall fail or refuse to defend said suit or suits, brought as defencusua aforesaid, any one or more of the stockholders of said company, shall holder ^nay. be permitted by the Court, before which said suit or suits is pending, to plead to and defend the same, in as full and ample a manner as said company in its corporate character could plead to and defend the same. 281. Sec. YI. The defendant or defendants in execution, under affidavit of the provisions of this Act, shall be entitled to an illegality, under the Illesaht>- same rules, regulations ahd restrictions as defendants are in other cas¬ es under the existing laws of this State. 5-12 JUDICIARY.—Sup'r and Inf'r C'ts—Corporations—1843. Mode of creating certain Corporations and changing names. this remedy 282. Sec. VII. This Statute shall be understood and construed cumulate. as cumulative of the Common Law ; and that all laws and parts of laws militating against the same, and this construction thereof, be, and the same are hereby repealed. An Act to point out the manner of creating certain Corporations,* to define their rights and privileges, and to provide a mode of changing the names oj individuals.—Assented to Dec. 28, 1843. Pam. 108. Petition to 283. Sec. I. Be it enacted, That when the persons interested court.01 n'shall desire to have any church, camp-ground, academy, school, volunteer, military company, manufacturing company, trading com¬ pany, ice company, fire company, theatre company, or hotel compa¬ ny, bridge and ferry company! incorporated, they shall petition in writing the Superior or Inferior Court of the County where such as- objectofthesociation may have been formed, or may desire to transact business association. £or t|iat pUrp0sej getting forth the object of their association and the Name and privilege they desire to exercise, together with the name and style Ktyle by which they desire to be incorporated, and said Court shall pass a rule or order directing said petition to be entered of record on the minutes of said Court. Powers of 284. Sec. II. When such rule or order is passed, and said peti- ration°.ipo" ti°n is entered of record, the said companies or associations shall have power respectively, under and by the name designated in their petition, to have and use a common seal, to contract and be contract¬ ed with, to sue and be sued, to answer and be answered unto, in any Court of Law or Equity, to appoint such officers as they may deem necessary, and to make such rules and regulations as they may think proper for their own government, not contrary to the laws of this State ; but shall make no contracts or purshase, or hold any property of any kind, except such as may be absolutely necessary to carry iii- Nobanking to effect the object of their incorporation. Nothing herein contain- ^VvuTge"06 ed shall be so construed as to confer banking or insurance privileges stockholders on any company or association herein enumerated ; and the individ- paniiers. ual members of such manufacturing, trading, theatre, ice, and hotel companies, shall be bound for the eventual payment of all the con¬ tracts of said companies as in case of partnership. no charter 285. Sec. III. No company or association shall be incorporated than 14under this Act for a longer period than fourteen years, but the same renewed!*6 111 ay be .renewed whenever necessary, according to the provisions of the first section of this Act. the sup'r or 280. Sec. IV. The said Superior or Inferior Court shall have may'change power and authority, upon petition in writing, to change the name names. 0f any individuals, by rule or order, for that purpose: Provided, such individual shall have resided in the County where his or her appli¬ cation is made for at least one year previous thereto, and shall give *For Act of 1817, in relation to Manufacturing Companies, see title "Joint Stock Companies," see. 15. tExtended to all Associations, " JUDICIARY.—Sup'r and Inf'r C'ts—Habeas Corpus—1799. 543 Fees—Evidence—Liability of Stockholders—Habeas Corpus. at least three months' prior notice in one of the nearest newspapers, Residence and at the Courthouse door of said County, of the intended applica-and notlce' tion. 287. Sec. V. For entering any of said petitions and orders on the fees of ci'k. minutes of the Court, and lurnishing a certified copy thereof, the Clerk shall be entitled to a fee of five dollars, except in cases of ap¬ plication by individuals, for the change of names, in which case the Clerk of said Court shall be entitled to the fee of one dollar, and that such certified copy shall be evidence of the matters therein stated in certified any Court of Law or Equity in this State. dence?vl" Sec. VI. All laws or parts of laws militating against this Act, be and the same are hereby repealed. An Act to extend the provisions of the Act passed on the twenty-eighth day of Dec. 1843, entitled an Act to point out the manner of event¬ ing certain Corporations, to define their rights and privileges, and to provide a mode of changing the names of individuals.—Approved Dec. 29,1845. Pam. 18. 288. Sec. I. Be it enacted, That the provisions of said Act, so Provisionsof far as the same relates to corporations, be and the same are hereby ex- extended to tended to all associations and companies whatsoever, except banks uoff°yd~ and insurance companies, and that the individual members of such associations and companies, when incorporated under said Act or un¬ der this Act, shall be liable, as therein specified, for the contracts of Liability of said associations or companies, whenever any such associations orstockhulders companies are incorporated for the purpose of trading or transacting business for profit. ART. XI. HABEAS CORPUS. * Sec. 290. Jurisdiction over. I Sec. 292. Jail fees not paid. " 291. Majority of Inferior Court. j Judiciary Act of 1799.—Vol. I. 292. 290. Sec. VII. The Judges of the Superior Courts, or any one writ of ha- of them, and the Justices of the Inferior Courts or any of themf inbea:i corpus' the absence of the Judges of the Superior Courts, shall have power to issue writs of habeas corpus ; and in all cases to discharge, admit to bail, or remand to jail, any prisoner, according to their discretion and the law of the land: Provided, that in all cases of a capital * See " Appendix," as to the writ of Habeas Corpus, and for Statute, 29 Car. II. Prisoners shall not be discharged on Habeas Corpus for a defect in the mittimus; see "Penal Laws," sec. 391. For Act requiring Judge to write out his decision on, sec Art. III. subdivision, " Xew Trials." As to custody of children, see " Executors, Administrators," &c. sec. 1-19. trice next Act. 514 JUDICIARY.—Sup'r and Inf'r C'ts—Habeas Corpus—1823. Habeas Corpus—Jail fees not paid, defendant discharged. Fr»ccedings nature where a writ of habeas corpus shall be issued by a Justice of thereon. jafcrjor Court, it shall be necessary that one or more of the Jus¬ tices of such Inferior Court shall associate with the Justice granting the same, at the return thereof, and a majority of such Justices shall concur in opinion on any decision or order aforesaid ; and it shall be the duty of such Justices to attend, on one day's notice being given of the time and place of the return of such writ. An Act to amend the seventh section of an Act, entitled an Act to amend an Act, entitled an Act to revise and amend the Judiciary System of this State, passed the lfyh day of February, 1799; and to provide for opening and adjourning the several Courts of Or¬ dinary in this State in certain cases.—Approved Dec. 20, 1823. Yol. IY. 211. Majority of 291. From and after the passage of this Act, it shall not be law- of9the"'inf'r ful for any one or more of the Justices of the Inferior Courts of this ry t"acton" State to discharge or admit to bail any person under a writ of habeas bex/cVrpus." corpus, unless a majority of the Justices of said Court shall concur in opinion. Sec. II. [See " Executors, Administrators," &c. sec. 12.] An Act to authorize and empower the Justices of the Inferior Courts of this State to discharge Criminals or Offenders against the Law from Jail in certain cases, and also to discharge defendants in certain Civil cases.—Approved Dec. 29, 1847. Pam. 196. Sec. I. [See " Penal Laws," sec. 415.] Jail fees not 292. Sec. II. If any person or persons be imprisoned in the ant'diis-'end common Jail of any County in this State, on a mesne or final pro- charged. cegs for jf tpg plaintiff in' suit or execution, his agent or attor- ne y, does not pay up, at the end of each and every week, the Jail fees which have accrued, then and in that case the Inferior Court may, and they are hereby authorized to discharge the defendant or defendants by writ of habeas corpus.*1 Sec. III. All laws or parts of laws militating against this Act, be and the same are hereby repealed. *Same provision substantially, Act of 1803, "Insolvent Debtors," sec. 7. See also, sec. 91, thi3 title, Art. III. subdivision, "Bail," where prisoner is carried to Jail of an adjoining County. tSee also, " Insolvent Debtors," sec. 37. (1.) If the Court errs in its judgment, the Sheriff is protected. 7 Ga. 419. JUDICIARY.—Sup'r and Inf'r C'ts—Juries—1799. 545 Joint Tenants—Survivorship abolished—Juries. ART. XIL JOINT TENANTS. An Act to abolish the Right of Survivorship in Joint Tenants in this State.—Approved Dec. 17, 1828. Vol. IV. 222. Whereas, it is doubtful whether the right of survivorship, as un- rreambte. der the English law, does not still exist in this State, in all estates of joint tenancy; 293. Be it enacted, That from and after the passage of this Act, survivorship when two or more persons shall hold and possess any estate of lands tw"cn'jlmf in joint tenancy in this State, and one or more of said joint tenants tenvIS- may depart this life during the existence of said estate, the title or interest of the deceased jpint tenant in said estate shall not go and become the property of the surviving joint tenant or tenants, as under the English law, but that the same shall be distributed as all other estates are, under the existing laws of this State. All laws and parts of laws, militating against this Act, are hereby repealed. ART. XIII. JURIES.* See. 294. Petit Jurors—qualification. " 295. Selection of Petit Jury. " 296. Drawing of Juries. " 297. Number of Grand Jurors, &c. " 298. Precept. " 299. Summons—Time. " 300. Defaulting Jurors. " 301. Petit Jurors—Oath. " 302. Special Juries for new trials. " 303. Selection of Grand Jurors. " 301. Judge to draw. " 305. Court failing, Juries stand. Sec. 303. Clergymen excused. " 307. Special Juries ; striking. " 308. Their oath. " 309. Grand Juror's oath. " 310. Drawing by Inferior Court. " 311. Juries for Inferior Court. " 312. Drawn at any time. " 313. Oath of Grand Juror explained. " 314. Piaiiiff's oath. " 315. Food, &c. for Juries. " 316. Bailiff's fee. " 317. Justices Inferior Court exempt. Judiciary Act of 1799. Vol. I. 292.—[For title, see sec. 37.] 294. Sec. XXXVIII. The Clerks of the Superior Courts ofnstofta* the respective Counties, shall procure from the tax collector ofpaycrs' such County, and furnish to the Court, (within two months,) a list of persons liable and qualified to serve as Grand and Petit Jurors agreeable to the qualifications hereinafter prescribed,! and all free QuaMca- ° * turn of Ju- roto. *See preamble to Act of 1823, sec. 139 of this title, as to policy of this Government in relation to Trial by Jury. As to Jury trial in E.piity cases, see note to section 151, of this title. As to Jury in Divorce cases, see title " Divorce," sec. 13, As to Jury in Criminal cases, see " Penal Laws." As to Judge's charge on the facts, see Art. I. " Judges, Sessions," &c. see. 47 of this tide. fThe first clause of this section, and the whole of sections XXXIX. and XL. are omitted by Mr. Prince aj being superseded by Act of 1805, prescribing the mode of selecting Grand Jurors ; sec also decision of Supreme Court referred to below. But as that Act is silent as to the number and mode of drawL/iy Petit Jurors, the compiler at the suggestion of several legal friends, inserts the Act of 1709, on the subject of Ju¬ ries, in full. 09 516 JUDICIARY.—Sup'R AND Inf'R OTS —-1700. Mode of selecting mid drawing Juries. male white citizens above the age of twenty-one years, and under sixty years,* are declared to be qualified and liable to serve as Petit Jurors for the trial of all civil causes for recovery of debts or dama-- ges, to any amount whatsoever; but no person shall be capable to be of a Jury for the trial of treason, felony, breach of the peace, or any other cause of a criminal nature, or of any estate ol freehold, or of the right or title to any lands or tenements, in any Court of record within this State, who shall not. bo qualified to vote at elec¬ tions for members of the Legislature ; and if any person not quali¬ fied as aforesaid, shall be returned 011 any Jury, he shall be discharg¬ ed on the challenge and proof thereof, of either of the parties to such iNoUriiirnp sup or on his own oath, of the truth thereof: Provided, that no ex- allowetl af- > . > , ' t.-rj-uv.r is. ception against any Juror, on account oi his qualification, shall "be allowed after he is sworn.1 Mode of se- 295. Sec. XXXIX. The Clerks of the several Courts are re- neung Ju. qllireq jn presence, or under the direction of the Judge or Judges of such Court, to regulate and correct the several Jury lists annually, by particularly specifying indistinct columns, the persons most able, discreet and qualified, as herein mentioned, to serve as Grand Ju¬ rors ; which list so corrected, shall be committed to the safe-keeping of the Clerks of such Courts respectively ; and the Clerks of such Courts shall immediatel y after receiving such lists, fairly enter the same in a book for that purpose, to be provided by such Clerk (at his own expense,) distinguishing in separate columns, the persons select¬ ed to serve as Grand Jurors, and those for the trial of civil and crim¬ inal causes as aforesaid ; and the names of the persons so selected, shall be written on separate pieces of paper and put into the differ¬ ent apartments of a Jury box, to be provided by the Clerk, at the public expense, in the construction and manner hereinafter prescri¬ bed, to-wit: there shall be an apartment in the said Jury box mark¬ ed No. 1, in which shall be placed the names of all the persons se¬ lected to serve as Grand Jurors, and another apartment marked No. 2, into which shall be placed the names of all persons selected for the trial of civil and criminal causes as aforesaid ; which box shall be kept locked, and no Jury shall be drawn or impannelcd, but in the presence of one or more of the Judges and Clerk of the Court; nor shall any Clerk of the Court or other person having the custody of the Jury box, presume, on any pretence whatsoever, to open the said Jury box, transpose or alter the names, except it be in the presence of the Judge or Justices officially attending for the purpose of draw¬ ing Jurors, or correcting the list, under penalty of being dealt with in the manner herein pointed out for malpractice in office.f Mod? of 296. Sec. XL. The said Judge or Justices and Clerk of the racing. Qourt or person having custody of the key, shall, previous to the adjournment of any Superior Court, or at least two months prior to * Clergymen exempted, sec. 306, and Justices Inferior Court, sec. 317. tSee note on preceding page. See also, Act of 1805, sees. 303, et soq. altering the mode of selecting Jurors. (1.) The proper time for challenging is between the appearance and swearing. 3 Kelly, 453. As to grounds of challenge, see note to sec. 350 " Penal Code." As to polling Juries, see 8 Go. 458. The citizens are incompetent, where the City is a party. 7 Go. 139. JUDICIARY.—Stjp'r and Inf'r. C'ts—Juries—1799. 517 Number of Grand Jury—Inf'r C t to draw in certain cases—Precept—Summons. the sitting of the next Court, cause to be drawn out of the apart¬ ment of the said box marked No. 1, not less than twenty-three, nor more than thirty-six names, as Grand Jurors; and out of the apart¬ ment marked No. 2, not less than forty-eight, nor more than seventy- two names, as Petit Jurors, for the trial of civil and criminal causes as aforesaid ; which names so drawn out shall, after an account is taken of them, at each term or time of drawing, be carefully rolled up again, and deposited in the two other apartments to be provided in such Jury box, marked Nos. 3 and 4, to-wit: the names of the Grand Jurors in the division No. 3, and the names of the Petit Jurors in the .division No. 4; and when all the names shall be drawn out of the apartments Nos. 1 and 2 aforesaid, they shall then commence draw¬ ing from the apartments Nos. 3 and 4, and return them into the Nos. I and 2, and so on alternately. 297. Sec. XLL No Grand Jury shall consist of less than eigh-grand jury teen or more than twenty-three, but twelve may find a bill or make a presentment. And the names of the several Jurors to be drawn as^*"rs?' aforesaid, shall immediately after they are drawn out, be entered by ria-'l!C3i0 u •> j > j entered osi the Clerk on the minute book of such Court, and if it shall so minutes, happen, that from any unavoidable circumstance, the Judge shall event, iuct not attend at the time appointed for holding the Superior Court of^wjUrw* any County, he shall nevertheless attend in person for the purpose of drawing Jurors, or shall transmit to the Justices of the Inferior Court of such County, a request in writing, that they, or any two of them, attend at the Clerk's office, on some convenient day, at least 2 montha two months preceding the next term, for the'purpose of drawing t0 Grand and Petit Jurors in manner hereinbefore directed; and the Judges of said Judges of the Superior Courts are declared to be responsible for responsible the legal and regular drawing of Juries in the respective Circuits in which they may preside. And in case of such unavoidable circum¬ stance, specially stated by any Judge of the Superior Court, the said Justices, or any two of them, shall and are hereby required, to con-, form to such request, by attending and drawing Juries agreeably to this Act.* {Proviso temporary.) 298. Sec. XLII. The Clerk of the Court shall annex a paoanel; to is, of the Jury, containing the names of the persons drawn to servo onSU6' the Grand Inquest, exactly transcribed from the minute-book to the precept for summoning such Grand Jury; and shall also annex another panucl containing the names of the persons drawn as Petit Jurors for the trial of civil and criminal cases, exactly transcribed as aforesaid, to the precept for summoning the Petit Jurors, in the mandatory part of which precept shall be written, tlxe words following, viz : " The, several persons named in the pannel hereunto annexed," which pre¬ cept, with the several pannels annexed as aforesaid, shall be delivered by the Clerk of the Court within three days after the drawing of such Juries as aforesaid, to the Sheriff of the County or his Deputy, 299. Sec. XLIII. The Sheriff or his lawful Deputy for the Juri fendant, or their attorney, may strike out one alternately, until there shall be but twelve Jurors left, who shall forthwith be impanneled and sworn, as special Jurors to try the appeal cause ; and in all cas¬ es the appellants shall strike first; and in case of refusal in either to strike such special Jurors, after due notice given for the purpose, and JUDICIARY.—Sup'r and Inf'r C'ts—Juries—1811—:'12. 551 Oath, of Special Jury—Oath of Grand Jury. proof thereof, the Judge before whom such notice is given for such special Jury to be impanneled, shall on behalf cf such absent party, or liis attorney, proceed in the same way and manner, as if the party a bsent or refusing had been present or consented to the same. An Act to amend the L Vlth section of the Judiciary Law of this State.—Approved Dec. 4, 1811. Yol. III. 367. 308. Sec. I. The oath to be administered to special Jurors (ex- onthofthe cept in cases of divorce*) shall be in the words following, to-wit:sp3Cial Jury- " You shall well and truly try each cause submitted to you during the present term, and a true verdict give, according to equity, and the opinion you entertain of the evidence produced to' you, to the best of your skill and knowledge, without favor or affection to eith¬ er party ; Provided, you are not discharged from the consideration of the case or cases submitted; so help you God." An Act to admit Grand Jurors to give evidence.—Approved Dec. 10, 1812. Yol. III. 397. Sec. I. [See Evidence, sec. 35.] 309. Sec. II. In future, the oath to be administered to the fore- oathof the- man of all Grand Juries, shall be as follows, viz : "You, as foreman Grand "iury' of the Grand Jury of the County of —: , shall diligently inquire, and true presentments make of all such matters and things as shall be given you in charge, or shall come to your knowledge,! touching the present service ; the State's counsel, your fellows' and your own, you shall keep secret, (unless called on to give evidence thereof in some Court of Law in this State :) You shall present no one for envy, hatred, or malice, nor shall you leave any one unpresented from fear, favor, affection, or reward, or the hope thereof: but you shall pre¬ sent all things truly and as they come to your knowledge, so help .you God." And the same oath which is taken by the foreman, shall be taken by each and every member of any and all the Grand Juries in this State.;); ♦For oath in clivorcc cases, and regulations respecting trial of divorces, see title " Di¬ vorce," sees. 7, 12, 13. •(•Explained by Act of 1829, see. 313. JForm of oath administered to the remainder of the Jury, see Art. IX. "Coroners ■and Inquests," sec. 265. For oath of special Jury, see sec. 303. For claim oath, see " Attachment and Garn¬ ishment," sec. 34. For Bailiff s oath, see sec. 314, this title. For oath in criminal cases, see '■ Penal Laws," sec. 313, 314, 315. In addition to the duties specified in their oath, the following note may aid Grand Ju¬ ries as to their powers and duties: 1. Examine and inspect the offices, papers and records of the Clerks of Superior and Inferior Courts. See "County Funds and Records," sec 21. 2. Examine receipts and payments of the Treasurer at the first term in each year.— County Officers," sec. 49. If no Treasurer, then the books of the Clerk acting as such. " County Funds and Records," sec. 23. 2. Mav recommend extraordinary tax for Countv nurnoses; see " Counties," sec 8. 552 JUDICIARY.—Sup'r and Inf'r C'ts—/wr/^—1815~'20. Juries drawn out of term time. An Act to authorize the Justices of the Inferior Courts in this State, to draw Grand and Petit Jurors in certain cases.—Approved Nov. 30, 1815. Vol. III. 400. en failure of 310. The Justices of the Inferior Courts for the several Counties thejusifces i11 this State, or a majority of them, together with the Sheriff and o,T.m'"au dei'k °f the Superior Court, in any of their several Counties, be, and draw Junes, they are hereby authorized and required in all cases where there shall or may have been a failure of the Judges of the Superior Courts,* in drawing Grand and Petit Jurors agreeably to law, to assemble at the Court-house in their several Counties, at any time which shall be to them convenient, and proceed to open their Jury boxes, and draw from said boxes a sufficient number of names to serve as Grand and Petit Jurors for their or either of their said Counties at their next then depending Superior Courts: and the Jury being so drawn, the said box or boxes again to seal and deliver, together with the keys, to the proper officer. Provided, that said assemblage and drawing shall be at least sixty days previous to the commencement of the Superior Court at which said Jurors shall be liable to serve. An Act to authorize the Justices of the Inferior Courts in this State to draw Juries out of term time.—Approved Dec. 13, 1820. Vol. IV. 199. c't^wiien1 311- Sec. I. From and after the passing of this Act, that it shall rirP>w°jiir'es a^ cases where it happens that the Justices of any In- their regu-ferior Court, at the regular term of said Court, shall omit drawing a tiiori'eTftoU~ Jury to serve at the succeeding Court, that the Justices of said Court Saw a"jury.or anY three of them, with the Sheriff and Clerk, meet at the place of holding such Court at least forty days previous to the sitting of said Court, and draw a Jury under the same regulation that they ought to have done in term time.J 4. To examine and allow Tax Collectors' insolvent list. May examine and recom¬ mend abatement in certain cases. See "Tax," sec. 13, 52. 5. At every fall term examine Clerk's account of sales of estrays. See " Estrays," sec. 15. 6. At spring term may recommend a tax for educational purposes. See " Academies, &c." sec. 8. 7. Made their special duty to present offences against the Act prohibiting the carrying of deadly weapons, and issuing of change bills, which may come under their own knowl¬ edge. See "Penal Laws," sees. 365, 369. 8. May recommend to Inferior Court to grant license to peddle, to indigent persons. "Peddlers," sec. 13. *For former provision on this subject, see sec. 297. f As to what that regulation is, the compiler has not found a Statute unrepealed pre¬ scribing. The LXVIth section of the Judiciary Act of 1797, gave the Inferior Courts " the same power to draw, impannel, and fine Petit Jurors for the trial of causes refer¬ red to their jurisdiction," as the Superior Courts had. The Act of 1799 repealed this section, and by its 3d section, (see subdivision " Jurisdiction,") granted power to the Superior and Inferior Courts to hear and determine all causes, both civil and criminal, of which they " have jurisdiction according to the Constitution and Laws of thip State, by a Jury of twelve men, to be taken from the County, in such manner as shall hereinafter JUDICIARY.—-Sup'r and Inf'r C'ts—Juries—1829-'31. 553 Juries drawn, out of term time—Duty of Grand Jurors—Oath, of Bailiff. 412. Sec. II. When any Inferior Court in this State, at the reg- when they ular term of said Court, have omitted drawing a Jury to serve at the drawinT-i''1 next Court, that they shall, after the passing of this Act, be authorized f"e"d »» to draw a Jury at any time, under the same regulation as in the pre- at any time, ceding section; and that the said Clerk of the Inferior Court shall immediately after the drawing of said Jury as herein provided, make mak^out a out a list of the Jury so drawn, and place the same in the hands of the Sheriff, or Deputy, who shall proceed immediately after receiv- sheriff, ing the same, to summon the Jury so drawn, in the same manner as if they had been drawn at the regular term of said Court; and the said Jurors so drawn and summoned, shall be bound and liable to The Jurors serve in the same manner and under the same penalties as if drawn serve, Ac. as at the regular term of said Court; any law to the contrary notwith- fhe re^Tur standing. tefm- An Act to define the duties of Grand Jurors in this State, so far as respects the time they are to be considered bound to notice offences committed in their respective Counties.—Approved Dec. 22, 1829. Vol. IV. 229. 313. Grand Jurors shall be bound only to notice or make pre-Duty of scntment of such offences as may or shall come to their knowledge attach^.08 or observation after they shall have been sworn ; but nothing in this being 8WCMra- Act shall be considered as impairing their right as Jurors to make presentments of any violations of the laws which they may know to have been committed at any previous time. Sec. II. All laws and parts of laws militating against the intent and meaning of this Act, are hereby repealed. An Act to amend and alter the oath of Bailiff's, who take charge of special and Petit Juries, and for other purposes.—Approved Dec. 26, 1831. Pam. 138. Whereas, the oath now administered to Bailiffs requires them to keep the Juries without meat, drink, or fire, candle light and water only excepted ; and whereas, it often happens, that in cases of much litigation, Juries are unable for a great length of time to agree upon a verdict, and are thereby exposed to cold and hunger: for remedy whereof, 314. Sec. I. Be it enacted, That the following shall be the oath Jffto jurfes" to be administered to all Bailiffs, sworn to take charge of special and Petit Juries in the Superior and Inferior Courts of this State, to-wit: You shall take this Jury and all others committed to your charge, during the present term, to the Jury room or some other private and be prescribed, according to the usages and customs of law." Under this section, and the Constitution preserving trial by Jury, "as heretofore used," there can be no doubt of the authority of the Inferior Courts to draw Juries, as is practised by that Court before the Legislative recognition in the aboyc Act of 1820. 70 554 JUDICIARY—Sup'r and Inf'r C'ts—Liens—1831-'.50. Food and fire for Juries—Justiccs Inferior Court—Ideas. convenient place, where yon shall keep them without meat, drink or lire, candle light and water only excepted, (unless otherwise directed by the Court.) You shall not speak to tlicni yourself (nor suffer others to speak to them) unless it be by leave of the Court, to ask them if they have agreed upon a verdict or arc likely to agree. All this you shall do to the best of ^mur skill and po wer, so help you God. The court 315. Sec. II. Whenever it shall so happen that the Jury is con- juneR wW fined in the investigation of any case, for a length of time, which andfire°at exposes them to hunger or cold, or both, the Court may, on applica- its discretion tion from said Jury, direct them to be furnished, at their own ex¬ pense, with such nourishments as in his own judgment may seem just and proper; and permit them to have provisions and fire, or either, if circumstances should, in the judgment of the Court, re¬ quire it. Bailiffs foe 316. Sec. III. The said Bailiffs shall receive from the County for^teiid- rpreaslirerj or oierk of the Court, where there is 110 Treasurer, of each County, $1 per day in addition to their present fees, for each day the said Bailiffs shall serve in attendance 011 the Juries. An Actio relieve the Justices of the Inferior Court from Jury duty, Approved Feb. 21, 1850. Pam. 293. c'i?evemIn'd ^EC' ^ ^ enacted, That from and after the passage of from jury this Act, all Justices of the Inferior Court of this State, be, and the G0 JUDICIARY.—Srp'u and Inf'rC'ts—Lim. of Act.—17G7. Disabilities—Twenty years' possession. that no person or persons that now hath or have, or which here¬ after may have, any right or title of entry into any lands, tenements, or hereditaments, shall at any time hereafter make any entry, but with¬ in seven years next after the passing of this Act, or after his or their right or title shall or may descend or accrue to the same ; and in de¬ fault thereof, such person so not entering, and their heirs, shall be utterly excluded and disabled from such entry after to be made: Irter S Provided nevertheless, that if any person or persons that is or shall vai of disa- be entitled to such writ or writs, or that hath or shall have such blllty' right or title of entry, be, or shall be at the time of such right or ti¬ tle first descended, accrued, come, or fallen, within the age of one and twenty years, feme coverts, non compos mentis,l imprisoned, or beyond seas,* that then such person and persons, and his and their heir and heirs, shall or may, notwithstanding the said seven years are expired, bring his, her, or their action, or make his, her, or their en¬ try, as he, she, or they might have done before this Act, so as such person and persons, or his, her or their heir and heirs, shall, within three years next after his, her or their full age, discoverture, coming of sound mind, enlargement out of prison, or returning from beyond seas, take benefit of and sue for the same, and at no time after the said three years. And for the better and more perfect quieting of men's possessions and estates, and avoiding of suits, tiuict pos- 333. Sec. II. Be it enacted, That all and every person and per- soVft, good sons whatsoever, now in possession of any lots, lands, tenements, tu!e' or hereditaments whatsoever, within this province, derived from any grant, allotment, or other power or authority whatsoever, by, from, or under the late trustees for establishing this colony, or their presi¬ dent and assistants, or from any other person or persons whatsoever under their authority, or by or from any grant from his late majesty, (of blessed memory, ) or from his present majesty, or by or under any last will and testament, purchase or purchases, whether by deed of gift, bill of sale, or other conveyance whatsoever, for lawful or valu¬ able consideration, and where the person or persons now in the pos¬ session of the said lands, tenements, or hereditaments, do possess, hold, and claim the same, as of his, her, or their own proper right in fee simple, and the person or persons so in possession, or the person or persons under whom they cla m, have severally or successively been quietly possessed of the same under any of the titles, ways or means aforesaid, and without lawful interruption by suit or action at law actually commenced, enjoyed the same for the space of twen¬ ty years before the passing of this Act, that then sucii person and persons so in possession as aforesaid, shall have good right and title to the same, and shall have, hold, and enjoy the said lands, tene¬ ments, and hereditaments unto him, her, or them, his, her or their heirs or assigns fcever in fee simple, against all and every other per- *See Act of 1817, sec, 351, as to idiots, lunatics and infants, and sec. 852, as to pctJWW beyond seas. (1.) Statute runs from restoration to sanity. 7 Qa. 481. JUDICIARY.— Sup'r and Inf'rC'ts—Lim. of Act.—1767. 561 Under-Claimants—Personal Actions. son and persons whatsoever, any thing hereinbefore contained to the contrary notwithstanding. 334. Sec. III. Not only the person or persons who are or shall undereiaim- ants barren j be hereafter barred, by not suing or prosecuting his or their claims to in like man- any lands, tenements, or hereditaments in this province within the nei; time limited by this Act, but also all manner of persons whatsoever, that shall at any time claim under such person or persons, who have lost or may hereafter lose their right, by neglecting to sue and pros¬ ecute his or their claim as aforesaid, shall be in like manner barred by this Act, as his, her or their ancestor or ancestors, or those under whom they claim, were or would have hereby been, and that this This Act to Act, and such clause or clauses herein as relate to the matters afore- evidence t" said, may be given in evidence to a Jury upon a trial of any claim,,he Juiy- matter, or right to any lands or tenements in question between party and party, and that the Chief Justice and Judges upon all such trials shall allow the same to be given in evidence, so far as con¬ cerns the said matter in difference. And to prevent any disputes how claims are to be made to lands, and what claims shall be allowed to be good and effectual in this province, and that the possessors of lands may know how and in what manner other persons having or laying claiih to any lands or tenements in their possession must claim the same, and also that per¬ sons having right or title to lands or tenements possessed by others may the better know how to claim or demand their right in such case. 335. Sec. IY. B e it enacted, That all and every person "and per- j0'3™* sons whatsoever, making claim to any lands or tenements in this by suit ouiy. province, in order to make such claim effectual, shall and are to make the same by action at Law, duly entered in the general Court of Pleas in this province,* and that the Chief Justice and Judges of the said Court do allow of no claim to any lands or tenements, for or by any person or persons, in any suit or suits that may be brought, sued, or prosecuted in the said Court, other than what is or has been made by action or suit on record as aforesaid, any law, custom, usage, or practice to the contrary notwithstanding. 336. Sec. Y. All actions of trespass quarc clan sum fregit, all personal ac^ actions of trespass, detinue, actions of trover and replevin, for tak-tl0il:"- ing away goods and cattle, all actions upon account and upon the case, (other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants,! all ac¬ tions of debt grounded upon any lending or contract without spe¬ cialty, all actions of debt for arrearages of rent,) and all actions of assault, menace, and battery, Wounding and imprisonment, or any of them, which shall be sued or brought at any time after the passing of this Act, shall be commenced and sued within the time and limita¬ tion hereinafter expressed, and not afterwards,! that is to say, the * Superior Court o£ the County where the land lies by the Constitution of 1798. fThe second member of the parenthesis should be here. The mistake being in the snrolling, it cannot be corrected. ■{•Explained by Act of 1847, sec. 356. 71 562 JUDICIARY.—Sup'r and Inf'r C'ts—hint, of Act.—1767. Reversal or arrest of judgment—Disclaimer—Damages. oase.ac- said actions upon the case, (other than for slander,) and the said ha¬ rass" debtf tions for account, and the said actions for trespass, debt, detinue, and replevin, replevin for goods and cattle, and the said actions of trespass quare four years, ciausum fregit, within three years next after the passing of this Act, or within four years next after the cause of such actions or suits, and Trespass,as- not after j1 and the said actions of trespass, assault, battery, wound- ry"wound- ing, imprisonment, or any of them, within one year after the passing onmentP,rtwo of this Act, or within two years next after the cause of such action eas? for or suit> and not after ; and the said actions upon the case for words, month'ssi* whhin six months after the passing of this Act, or within six months next after the words spoken, and not after.* reversal°of 337. Sec. VI. If in any of the said actions or suits, judgment shall &c'^uitma given f°r the plaintiff, and the same be reversed by error, or a ver- beC'rene\vedy diet pass for the plaintiff, and upon matter alleged in arrest of judg- year.'" °ue ment, the judgment be given against the plaintiff, that he take noth¬ ing by his plaint, writ, or bill, or if any the said actions shall he brought by original, and the defendants therein be outlawed, and shall after reverse the outlawry, that in all such cases the party plaintiff, his heirs, executors, or administrators, as the case shall require, may commence a new action or suit from time to time, within a year af¬ ter such judgment reversed, or such judgment given against the plaintiff, or outlawry reversed, and not after.f d"cnimcrS' ^38. Sec. VII. In all actions of trespass quarc ciausum /regit, o"amends61 hereafter to be brought, wherein the defendant or defendants shall when to be a disclaim in his or their plea, to make any title or claim to the land actions. in which the trespass is by the declaration supposed to be done, and the trespass be by negligence, or involuntary, the defendant or de¬ fendants shall be admitted to plead a disclaimer, and that the trespass was by negligence or involuntary, and a tender or offer of sufficient amends for such trespass before the action brought, whereupon, or upon some of them, the plaintiff or plaintiffs shall be enforced to join issue, and if the said issue be found for the defendant or defendants, or the plaintiff or plaintiffs shall be nonsuited, the plaintiff or pon¬ tiffs shall be clearly barred from the said actions, and all other suit In slander COncerllhlg the Same. damages un- 339. Sec. VIII. In all actions upon the case for slanderous words, ungtVo*"1 to be sued or prosecuted by any person or persons in the General thandama- Court in this province, or in any other Court having power to hold ges. * Legislative opinion as to the Statue of Limitation running against the State, Acts of 1883, page 383. tin case of dismissal, or non-suit, may be re-commenced hi six. months. See Act of 1847, sec. 355. (I.-) The Statute having commenced to run against an action to recover personalty, is not stopped by defendant's removal from the State. 5 Ga. 217. To raise a new promise by implication, there must be an unqualified acknowledgment of a present subsisting debt. 5 Ga. 486, 6 Ga. 588. Where a new promise is relied on, it should be pleaded. 6 Ga. 21. If not pleaded the plaintiff may amend. Beard vs. Simmons. 9 Ga. Rep. , _ The sufficiency of a promise is a question for the Court; the fact is a question for the Jury. 6 Ga. 486. As to conditional promise, see 6 Ga. 486. A new promise to prior holder of promissory note may be sued on by subsequent holder. 7 Ga. 505. JUDICIARY.—Sup'r and Inf'r C'ts—him, of Act.—1767-1805. 563 Limitation on suits for fines and forfeitures—Ejectment. plea of the same, after the passing of this Act, if the# Jury upon the trial of the issue in such action, or the Jury that shall inquire of the damages, do find or assess the damages under forty shillings, then the plaintiff or plaintiffs in such action shall have and recover only so much costs as the damages so given or assessed amount unto, with¬ out any further increase of the same, any law, Statute, custom, or usage to the contrary in any wise notwithstanding.1 Sec. IX. [Allowing further time to bring actions after the re¬ moval of plaintiff's disability—transcribed into the Act of 1806, with a slight alteration. See sec. 346.]2 340. Sec. X. In all and every case where any penalty,[fine, or for- feiture whatsoever, hath been, or shall hereafter be inflicted or im- very of fines posed by any Act or Acts of the General Assembly of this Province urcsnofoVh- already passed, or hereafter to be passed, and the time of suing or vXTf<5r!°~ prosecuting the offender or offenders, against such Acts not thereby provided, no information, action, suit, or prosecution shall be had, brought, issued, or commenced against the offender or offenders, against any such Act or Acts, for or in respect of any such penalty, fine or forfeiture, unless the same be done within six months after the passing of this Act, if the offence hath been already committed, and within the like space of time after the offence committed, for the future; and all and every offender and offenders against any such Act or Acts, shall not from thenceforth be subject or liable to any penalty, fine, or forfeiture which may thereby be inflicted or impos¬ ed, any law, usage, or custom to the contrary in any wise nothwith- standing. Sec. XI. [Respecting a claim of Sir William Baker—private.] An Act for the limitation of actions, and for avoiding suits at law, and to repeal the Act passed on that subject the 26th March, 1767, for the better and more effectually quieting mens'' possessions and estates, and for avoiding suits inlaw.*—Assented to Dec. 7, 1805. Vol. II. 269. 341. Sec. I. All actions of ejectment, or any other suit or action Ste"' whatsoever, at any time hereafter, to be sued or brought for the re- 7™^ m covery of any lands or tenements, by occasion or means of any title which may hereafter descend, happen, or fall, shall be sued and tak¬ en within seven years next after the title and cause of action shall 01* may descend or accrue to the same, and at no time after the said seven years : Provided nevertheless, that if any person or persons that is or shall be entitled to such suit or action, be or shall be at the time of right or title first descended, accrued, come, or fallen, within the *By the Act of December, 180G, reviving the Act of 1767, all Aets are repealed "which militate against the intent and meaning of that Act, Portions of this Act evi¬ dently are thus repealed. The compiler, however, conceives it to be the duty of the Courts, and not of the Digester, to declare this inconsistency. The Act is therefore in¬ serted in full, the reader noting that where this Act and that of 1767 come in conflict, the latter is the laio. (1.) Verdict for " ten cents and the costs,"-—no more costs than damages. 5 Ga. 452. (2.) Repealed, Winn vs. Lee. 5 Qa. Rep. 217- 564 JUDICIARY.—Sup'r and Inf'r C'ts—Lim. of Act.—1805. Foreign Judgments—Defendant removing his property or absconding. Saving in age of twenty-one years, feme covert, non compos mentis, or impris- fants, &.c. oned, that then^uch person or persons shall he at liberty, notwith¬ standing the said seven years are expired, to bring such action or suit, so as that the same be brought within three < years alter his, her, or their coming to, or being of full age, discovert or sane memory, or at large, and at no time after the said three years. 342. Sec. II. All actions of trespass, detinue and trover; all ac¬ tions of debt, whether upon specialty or simple contract; all actions of assault, menace, and battery, wounding, and imprisonment, or any of them which shall be sued or brought at any time after the passing of this Act, shall be commenced and sued within the time and limitation hereinafter expressed, and not afterward, that is to T^p^'^-say, the said actions of trespass, assault, battery, wounding, impris- within one onment, or any of them, within one* year next after the cause of Detinue, &c. such action or suit hath accrued, and not after. And the said ac- 4 years. tions of detinue, trover, debt, (other than upon judgments,) with¬ in four years next after the cause of such actions or suits have ac- Foreign crued, and not after; and the said actions of debt upon judgments years. obtained in Courts, other than the Courts of this State, within five years next1 after the judgment shall have been obtained, and not af¬ ter. And the said actions upon the case for words, within onef year next after the words spoken, and not after. Provided nevertheless, saving in fa- that if any person or persons who is or shall be entitled to any such tc.olm'norsactions of detinue, trover, debt, (other than upon judgments,) be or shall be at the time of any such action given or accrued, within the age of twenty-one years, feme covert, non compos mentis, or impris¬ oned, that then such person or person shall be at liberty notwith¬ standing the times of limitation shall have expired, to bring such actions or suits, so that the same be brought within two\ years next after the coming to or being of full age, discovert, of sane mem¬ ory, or at large, and at no time after the said twoj years. And pro¬ vided also, that if any person who is or or shall be entitled to any such actions of trespass, assault, menace, and battery, and impris¬ onment, be,, or shall be at the time, any such action shall have ac¬ crued, within the age of twenty-one years, feme covert, non compos mentis, or imprisoned, then such person or persons shall be at lib¬ erty, notwithstanding the time hereinbefore limited for the bringing of such action shall have expired, to bring such actions or suits, so that the same be brought within one J year next after the coming to or being of full age, discovert, of sane memory, or at large, and at no time after the said onej year; and that the commencing an action or actions within the time limited, and afterwards discontinuing or be¬ coming non-suit in the same, shall not defeat the operation of this Act. £movhi"his 3^3- Sec. III. When any person or persons shall remove his «h°xondhio- ProPerty without the limits of this State, or absconds or conceals deprived or himself, so that his creditors cannot commence an action, the person the benefit ol tliis Act- •Two years, as by Act of 1767. fSix months, by Act of 1767. JBut see Act of 1806, sec. 346. (1.) In force still. 5 Ga. Rep. 34. JUDICIARY.—Sup'r and Inf'r C'ts—Lim. of Act.—1806. 565 llemoval of disabilities—Defendants without the State. so removing his property, or absconding himself, shall not be enti¬ tled to the benefit of this Act, but shall be answerable for any just demand against him, her, or them ;x and this Act shall be deemed, held, and taken as a public Act, and the Judges of the Superior and Justices of the Inferior Courts and Justices of the Peace within this JSdneednot State, shall be bound thereby, although the same shall not be pleaded. Repleaded. 344. Sec. IY. All actions upon the case other than for words case, 4 y'ra which shall be said, (sued,) or brought at any time after the passing of this Act, shall be commenced and sued within four years next after the cause of such action or suit hath accrued, and not after. Sec. Y. [Repeals the Act of 1767, but by Act of June, 1806, it was partially, and by Act of Dec. 1806, fully revived.] Act of 26th June, 1806. Yol. II. 303. Sec. I. [Provided for the renewal of suits commmenced within lime and dismissed. Repealed by the Act of December, 1806, as declared by the Supreme Court.2] Sec. II. [Revives the Act of 1767, as to all "actions and causes of action which originated under it."] An Act to revive and continue in force " an Act for the limitation of actions, and avoiding Suits in Law," passed the 26th day of March, 1767 ; and to amend the 5th and 9th sections of said Act. Approved Dec. 8, 1806. Yol. II. 344. 345. Sec. I. From and immediately after the passing of this Act, actof nc7 the Act for the limitation of actions and avoiding suits in law, pass-from ist Feb, ed on the 26th day of March, 1767, shall be, and is hereby revived 17b3- and declared to be in full force and operation, from the first day of February, 1793, until this Act shall be repealed: And no deduction in any calculation of time shall be made in the construction of said Act after the aforesaid first day of February, 1793.* 346. Sec. II. If any person or persons, that is or shall be enti- limitation tied to any such action of trespass, detinue, action of trover, replevin, theremovia actions of account, actions of debt, actions of trespass for assault, [feg>lsablh~ menace, battery, wounding, or imprisonment, actions on the case for words, be, or shall be at the time of any such cause of action, giv¬ en or accrued, fallen, or come within the age of twenty-one years,f feme covert, non compos mentis,f imprisoned, or inhere the defendant shall remove out of the jurisdictional limits of this State,\ that then or the retnm such person or persons shall be at liberty to bring the same actions, tLPstate.fft0 so as they take the same within such times as before .is limited, af¬ ter their coming to, or being of full age, discovert, of sane memory, at large, or the return of the defendant into the same, as by other •See note at the end of this subdivision. tSee Act of 1817, sec. 351. See also Act of 1839, sec. 353. (1.) See 5 Ga. Rep. 217. (2.) Harriton Wright ys. Walker 1 Kelly 34. 566 JUDICIARY.—Sup'r and Inf'r C'ts—Urn., of Act.—1S09-'13. Limitations on Bonds, Notes and Accounts. persons having no such impediment should be done.* Provided nevertheless, that all notes, and instruments of writing, not under seal, bearing date after the passing of this Act, shall be of the same dignity with specialties, and subject to the same limitations hereto¬ fore in force in the case of specialties, any thing in the 5th and 9th sections of the said Act to the contrary notwithstanding.! Sec. III. All Acts or parts of Acts which militate against the intent and meaning of this Act, be, and the same are hereby re¬ pealed. Sec. IY. [Relative to Walton County—rendered obsolete by the settlement of the North Carolina line.] An Act to amend an Act, to revive and continue in force an Act for the limitation of Actions, and avoiding Suits in Law : passed 8th December, 1806.—Approved December 13, 1809. Yol. II. 537. Whereas, some doubts exist as to the period at which bonds, notes, and open accounts, shall be limited, in consequence of the word specialties, and other indefinite expressions, being used in the second section of the aforesaid Act; Limitation 347. Sec. I. Be it enacted, &fc. That from and after the passing struments, ~ of this Act, all actions, founded on bonds or instruments under seal, 2° years, be commenced and sued within twenty years after the said bond or1 other instrument shall become due, and not after; and that Notes,6 y'ra all actions founded upon notes, and other acknowledgments, under the hand of the party, shall be commenced within 5 six years2 from the time such note or acknowledgment shall become due, and not af- open ac- ^ ter ; and that all actions founded upon open account shall be com- couufc,4y rsmencec[ four years from the time such account accrued, and not after. Sec. II. All Acts and parts of Acts that militate against this law, shall be, and the same are hereby repealed. An Act to amend an Act entitled " An Act for the limitation of ac- tions, and, for avoiding Suits in Law."—Approved December 2, 1813. Yol. III. 30. : Whereas, divers persons, during the time this State was a British province, obtained grants for lands within the same, and during the * Thus far this section is a transcript of the IXth of the Act. of 1767, excepting the part in italics, in lieu of which that Act had an exception in favor of plaintiii's beyond seas. fSee next Act, and also Act of 1839, sec. 353. (1.) Damages for breach of a bond, is a claim founded on a sealed instrument, and run* 20 years. 8 Ga. 106. When a mortgage is taken to secure a note, the note being barred, does not bar the reme dy on the mortgage. 8 Ga. 325. (2.) See 8 Ga. 325, Where the action is on a Statute, the statutory limitation is 20 years. 8 Ga 4(58. JUDICIARY.—Sup'rand Inf'rC'ts—Lim. of Act.—1813-'17. 567 Foreign Grantees—Disabilities. revolutionary war, and at the expiration thereof, fled from this State, or who never resided therein: And whereas, divers persons, good citizens of this State, have since the revolution unknowingly sur¬ veyed and obtained grants for all, or a large part, of many of the aforesaid old surveys, or have become purchasers, and have settled, cultivated, and greatly improved the same, defending and supporting this State ; and reason and justice require that they should not be disturbed in their possessions at this late period : for remedy whereof, Sec. I. Be it enacted, Spc. That no person or persons claiming any foreign lands, tenements, or hereditaments, by virtue of any grant or grants prior to the revolutionary war, and who never resided in said prov-^hav"' ince, or who fled from this State during that struggle, and who did £°rtr^turn0d not return to this State within twenty-one years after the treaty ofyoungery peace with Great Britain, which was in the year 1783, to make their fyeaf ^ entry thereon, settle, or cultivate the same, or any part thereof, shallSessi0n- either he, she, or they, or any person or persons claiming under him, her, or them, hereafter recover any such parts thereof as may have been since granted, from any person or persons, who has or have since the revolution obtained a grant or grants, settled, or cultivated the same, or any part thereof, for the term of seven years in peacea¬ ble possession : nor from any person or persons claiming under such young title as aforesaid, where there has been an adverse possession for the aforesaid term of seven years.* 349. Sec. II. No saving or exception in any Statute of Limita-s,lch gran. tions in this State, providing for the claims of persons resident be-^et®jjbybbe"" yond seas, shall operate or be so construed as to benefit any persons big absent J , , 1 . , . , J x, , beyond seas. whose grants have issued prior to the revolutionary war, and who are now subjects of the crown of Great Britain and other foreign nations.* 350. Sec. III. Nothing in this Act contained shall affect or be this act not construed to affect any lands belonging to, or that ever did belong to fi°cScon~ any person or persons, named in the Act of confiscation and banish- Ia^ds• ment, or bill of attainder, or any right which this State has to con¬ fiscated lands, or any right which any citizen of the United States, or citizen of this State, may have to any of said lands. An Act amendatory to, and explanatory of the Statute of Limita¬ tions in this State ; passed the 7th Dec. 1805, so far as it regards Idiots, Lunatics and Infants.—Approved Dec. 18, 1817. Yol. III. 31. Whereas, many evils and inconveniences may arise from the con¬ struction given to the before recited Act, by which the savings and exceptions in favor of idiots, lunatics and infants, mentioned in said Act, are totally defeated, and manifest injustice done thereby : 351. Sec. I. Be it enacted, fc. That from and after the passage constmc- of this Act, no Court of Justice in this State, before whom the plea ofTdlo of the Statute of Limitations may be relied on or plead by any de-fnaf^and *But see treaty of 1794 with Great Britain, Art. IX. 8 Statutes at Large, 122, and treaty with Spain of 1795, Art. II.—3 Statutes at Large, 144. See also next Act virtu¬ ally superseding this entire Act. 568 JUDICIARY.—Sup'r and Inf'r C'ts—Lim. of Act.—1817-39. Noii-residents—Defendant abscondin g. fendant or defendants, shall be permitted to construe said Act against idiots, lunatics, or infants, as heretofore construed; but said Statute of Limitations, when it has commenced running, shall not so operate as to defeat the interest1 acquired by idiots, lunatics, or infants, af¬ ter its commencement, but the operation of said Statute shall cease until the disability or disabilities of such persons are removed, or from the time of the arrival of such infant at tire age of twenty-one years ;2 any law, custom, or usage to the contrary notwithstanding. no benefit 352. Sec. II. No proviso or part of the above-recited Act, or any to 1)6 derived ... • * from re si- other part or parts of any Statute of Limitations, which are or hcreto- tte state. °ffore have been of force in this State, shall be so construed as to grant any privilege, right, or exemption, to any person or persons, who may reside in either of the United States, or the Territories thereof, or beyond seas, or elsewhere, other than those enjoyed by the citizens resident within the limits of this State. An Act to amend an Act to revive and continue in force an Act for the Limitation of Actions, and avoiding Suits in Law, passed the 8th December, 1806, approved December 13th, 1809.—As¬ sented to Dec. 23, 1839. Pam. 147. DcfcRdant 353. Sec. I. Be it enacted, That from and after the passage of •r removing this Act, all actions founded on bonds, or instruments under seal, shall sta!e°,UBtat- be commenced and sued within twenty years after the bond or other ute^ioes not instrument shall become due, except where persons shall abscond or remove without the limits of this State ; and that all actions found¬ ed upon notes and other acknowledgments under the hand of the party, shall be commenced within six years from the time such note or acknowledgments shall become due, and not after, except the person or persons shall have removed without the limits of this State, or to parts unknown. Nor against 354. Sec. II. In all cases where any person or persons shall be- ins surety. come security on any bond or bonds or other instruments under their hands, the Act of Limitation shall not operate in any case where the person or persons shall afcscond, go to parts unknown, or remove without the limits of this State. Sec. III. All laws or parts of laws militating against this Act, be, and the same are hereby repealed. (1.) Such an interest as will enable them to maintain an action in their own name by guardian. 8 Ga. 1. (2.) "Where there are tenants in common, the disability of one does not inure to the benefit of the others. 7 Ga. 517. If the property be removed during the minority, the Statute will run at majority, if the tort-feasor be within the jurisdiction. 7 Ga. 517. If the title vests in the executor or administrator, and he is barred, the infant is also. 8 Ga. 1. In trover, by several of different ages, a recovery can be had in favor of those not bar¬ red and against those barred. 8 Ga. 201. JUDICIARY.—Sup'r and Inf'r C'ts—Lim. of Act.—1847. 569 Removal after non-suit, &c.—Fraud of Defendant. An Act to amend and explain the several Acts for the Limitation of Actions and avoiding Suits at Law.—Approved Dec. 29, 1847. Pam. 217. 355. Sec. I. Be it enacted, That whenever any case now or after ri;«- J rui^sal hereafter pending in any of the Courts of this State, either at Law nonsuit, or in Equity, commenced within the time limited by law, shall be discontinued, dismissed, or the plaintiff therein become nonsuited, and the plaintiff's claim may be barred during the pending thereof by any law now in force in this State, the plaintiff may, at any time may rccom- idcnci1 with- within six months from such termination of the case, and not after, m 6 uiontiis. renew or recommence the same, in any Court having jurisdiction thereof in this State, any law, usage or custom to the contrary not¬ withstanding : Provided, that nothing in this Act shall be construed once, so as to authorize the renewal of any case after a second discontinu- an(?e, dismissal, or nonsuit. 356. Sec. II. When any claim or demand whatever shall be set-off pleaded as a set-off, or as a defence to any suit or action, either at piafnufl dif Law or in Equity, in any case which may be dismissed, discontin- ued, or become nonsuit as aforesaid, or where such defence may be "in¬ disposed of, without a final hearing upon the merits thereof, that then and in that case, all such matters of defence shall be saved from the operation of the Statute of Limitations, under the regulations and instructions, and for the time aforesaid. An Act to explain the fifth section of an Act approved March 26th, 1767, entitled an Act J or the Limitation of Actions and avoiding Suits in Law.—Approved Dec. 30, 1847. Pam. 218. 357. Sec. I. Be it enacted, Spc.. That nothing in the said fifth effect of section shall be so construed as to protect any defendant or defend- mnoflr.u ants from any action at any time where the Jury are satisfied that there has been a fraudulent removal or concealment of the property in order to deprive the rightful owner of the possession or enjoy¬ ment of the same—any law, usage or custom to the contrary not¬ withstanding. SUSPENSIONS OF THE ACTS OF LIMITATION. The Act of limitation was suspended from 1st of July, 1775, down to the 1st of Feb¬ ruary, 1793. See Vol. I. 36, 7. The first alleviating Act [Vol. II. 426,] was passed 23d May, 1808, and repealed the 20th Dec. of the same year, by the Act called the thirding law, [Vol. II. 448.] If we exclude the day the Act was passed, and include that of its repeal, we have 211 days during which the Statutes of Limitation of actions were totally suspended, except for the recovery of taxes and penalties, and in attachment and claim cases. By sec. 5, of the alleviation law of 27th Nov. 1812, [Vol. III. 34,] the Acts of Limi¬ tation were suspended, " except as relates to real estate," from the 30th of that month, (sec. 1.) to the 6th Dec. 1813, 1 year and 6 days. This Act, however, allowed suits to be brought. 72 ^70 JUDICIARY.—Sup'r and Inf'r C'ts—Mortgages—1799. Foreclosure on real estate. Against persons refusing to liquidate their accounts, sec. 4 ; Against principals and sureties, at the instance of the latter, sec. 6; Against debtors who were squandering their estates, sec. 7 ; Against delinquent executors, administrators, or guardians, sec. 13; By attachment against absconding debtors, sec. 12 ; By bill in Chancery for certain purposes; And for lines, forfeitures, and other moneys due the public, or due to banks; for rent, and for tuition money, sec. 8. By the supplementary Act of 6th December, 1813, [Yol. III. 36,] there was a fhr- ther suspension until 25th December, 1814, when the Act expired; say 1 year and 19 days. This Statute enlarged the list of exceptions in the last, and allowed actions to be brought also for slanderous words, sec. 2 ; and on written instruments given for titles to land, sec. 5. Year. Days. To be taken out for the first suspension, from the 23d May, 1808, ) q gn exclusive, to 20th Dec. 1808, inclusive, J for the second (in cases not excepted by the } Statute,) from 30th Nov. 1812, exclusive, to the 6th > 1 6 Dec. 1813, inclusive, y for the third (in cases not excepted either by this 1 , Act or last,) from 6th Dec. 1813, exclusive, to 25th > 1 19 Dec. 1814, inclusive, 5 Total, 2 236 That is to say, two years and seven calendar months, (allowing 4 of 30, and 3 of 31 days each,) and 23 days over.—Prince. ART. XVI. MORTGAGES.* Sec. 358. Foreclosure on Realty. " 359. On Personalty. " 360. Foreclosure in six months. Sec. 361. Rule absolute, 2d term. " 362. Agent or attorney, foreclose. Judiciary Act of 1799. Vol. I. 292. MORTGAGES ON REAL ESTATES. Foreclosure 358. Sec. XYII. The method of foreclosing mortgages on real of mortfar'es • on real "es^ estate, in this State, be as follows : Any person applying, and entitled tatei" to foreclose such mortgage, or his, her or their attorney, shall peti¬ tion the Superior Court of the County wherein such mortgaged property may be, stating the case and the amount of his, her, or their demand, and describing such mortgaged property; and the Court shall grant a rule, that the principal, interest, and cost shall be paid into Court, within twelve monthsf thereafter, which rule shall be published in one of the public gazettes of thi§ State at least once in every month, until the time appointed for payment,J or served on the mortgager, or his special agent, at least six§ months previous to the time the money is directed to be paid; and unless the principal, interest, and cost be so paid, the Court shall give judgment for *For the various Acts in relation to tlie execution and registry of mortgages, their lien, and the right of redemption in younger mortgagees, see " Conveyances and Regis¬ try." For Act requiring purchaser of mortgaged property at Sheriff's sale to give bond forits forthcoming, see Art. III. "Action," " Execution, Sale," &c. sec. 185, of this title. For Acts authorizing aliens to take mortgages on real estate and foreclose the same, see title " Foreigners," sec. 5. fSix months, sec. 360 ; Rule absolute at the next term, sec. 361. JFour months, sec. 360. § Three months, sec. 360. JUDICIARY.—Sup'r and Inf'r C'ts—Mortgages—1799. 571 Foreclosure on Personalty. the amount which may be due on such mortgage, and order the property mortgaged to be sold in such manner as is prescribed in cases of execution, and the money shall be paid to the mortgagee or his attorney ; but where there shall be any surplus, the same shall be paid over to the mortgager or his agent. And in case of any dis- Defence, a pute as to the amount due on any mortgage, if the mortgager shall appear within the time prescribed by this Act, and make affidavit that he hath made payments which have not been credited on the said mortgage, or that he is entitled to sets-off which in Equity ought to be allowed, the Court shall appoint one or more fit person or per¬ sons to audit and liquidate the same j1 but either party shall be enti¬ tled to anew-trial therefrom, which shall be tried in like manner as shall be prescribed for the trial of appeals in other cases. mortgages of personal property. 359. Sec. XYIII. Mortgages of personal property shall be fore- on* personal closed in the following manner : Any person or persons* holding a property' mortgage on personal property, and wishing to foreclose the same, shall make application to one of the Judges of the Superior or Jus¬ tices of the Inferior Courts, and make affidavit before him of the amount of principal and interest due on such mortgage, which affi¬ davit shall be annexed to such mortgage, and thereupon the Clerk of the Superior or Inferior Courts shall issue execution as on a judg¬ ment, which execution being delivered to the Sheriff, it shall be his duty to levy on the property wheresoever the same may be found, and after advertising the same in one or more of the public gazettes of this State at least sixty days, the Sheriff shall set up and expose the same to sale, and the money arising from such sale shall be first applied to discharge the amount due on such mortgage, and all legal costs, and the overplus, if any, to be paid to the mortgager : Pro¬ vided always, that if any dispute shall happen as to the sum due on Defence, any mortgage, that it shall and may be lawful for the said Judge or Justices of the Inferior Courts, on affidavit, to order such sale to be postponed, the mortgager giving bond, with good and sufficient secu¬ rity in double the sum sworn to be due, for returning such property when called for by the Sheriff, which bond shall be assignable by the Sheriff to the mortgagee, who may sue and recover thereon ; but the Jury shall be sworn to give at least twenty-five per cent, damages, in case it shall appear that such application was intended for delay only.2 *His agent or attorney, sec. 362. (1.) Usury maybe set up as a defence. 1 Kelly, 392. Third persons cannot object until made parties by the judgment of the Court. 3 Kclhj, 174. (2.) When property i3 sold subject to mortgage, the purchaser buys the equity of redemption. After foreclosure, the proceeds must go according to oldest lien, as a gen¬ eral rule. 7 Ga. 183. 572 JUDICIARY.—Sup'r and Inf'r C'ts—Mortgages—1829—'39. Kule absolute, second term—Attorney or Agent may i'oreAose. An Act to amend an Act entitled u an Act to amend the Judiciary of 1799, so far as relates to Mortgages on Real Estate."*—Approv¬ ed Dec. 21, 1829. Vol. IV. 230. .vnrt-.-iL'es 360. From and after the passage of this Act, when any person or tatenobT persons, his, her, or their agent or attorney, shall petition the Superior S'monrtis?in Court as prescribed by the Judiciary of 1799, for the foreclosure of six months' any mortgage on real estate, the Court shall grant a rule directing printed.0 that the principal and cost shall be paid into Court within six months Notice how thereafter, which rule shall be published in one of the public ga¬ te be given. r a re i i zettes of this State, once a month for four months, or served on the mortgager, or his, her, or their special agent or attorney, at least three months previous to the time the money is directed to be paid; pro¬ vided that nothing in this Act shall be so construed as to affect any mortgage which may exist at the time of the passage of this Act. Sec. II. So much of the said Judiciary of 1799 and of the said amendatory Act as militates against this, is hereby repealed. An Act to alter and amend the several Acts regulating the jorectos' ures of Mortgages noon Real Estate.—This Act approved Dec. 26, 1836. Pam. 164. 361. From and after the passage of this Act, in all cases where any application shall be made to any Superior Court of this Stafd, for the foreclosure of any mortgage upon real estate, it shall be the duty of such Court to pass an order, requiring the mortgager to pay the principal and interest due upon such mortgage, into Court, on or before the first day of the next term, which order shall be served or published in the manner now required by law ; and if such order be not complied with by the mortgager, the Court may at such term, pass a rule absolute for the sale of the mortgaged property. An Act to am,end the eighteenth section of the Act passed on the six¬ teenth of February, 1799, entitled " an Act to revise and amend the Judiciary system of this State."—Assented to Dec. 21, 1839. Pam. 137. Agent or at- 362. SeC. I. Be it enacted, That from and after the passage of foreclose. ^ this Act, mortgages upon personal property may be foreclosed upon the affidavit of the agent or attorney in fact or at law, of the person or persons holding such mortgage, as to the amount due. in county of Sec. II. All such mortgage shall be foreclosed, and execution mortgagor's o o > residence issue, in the County where the mortgagers resided at the time of the execution of the same, if resident of this State. *This Act is omitted, being entirely superseded. (See vol. IV. 218,) It required this rule to be published once a month for six months. Rule abso¬ lute to be passed at the next term. JUDICIARY.—Sup'r and Inf'k C'ts—Officers Ct—1799. 573 Officers of Court—Clerk—Duty—Oath. ART. XVII. OFFICERS OF COURT.* (INCLUDING CLERICS, SHERIFFS, ATTORNEYS, &C.) Sec. 363. Clerk, duty, Records. " 364. Bond, oath, power. «« 365. No Attorney. Clerk of both. < 366. Attorney and Sol General. " 367. Sheriff's duty, bond, oath. " 368. Deputy, liability. " 369. Unfinished business. " 370. Liability of Sheriffs. " 371. Remedies against. " 372. Indictment for malpractice. " . 373. Neglect of duty, penalty. " 374. Satisfaction of J udgments. « 375. Satisfaction docket. " 376. Subpoena and Crim. docket. " 377. Sheiilf's docket. Sec. 373. Defaulting Attorney. " 379. Sheriff of adjoining County. " 380. 20 per cent for default. " 381. Copy of demand. " 382. Traverse of returns. " 383. Rules vs. absent Sheriff. " 384. 20 per cent after rule. " 385. Rule vs. Deputy. " 386. Rules in vacation. " 387. Special officers. " 388. Advertisement of sales. " 389. Deputy, same paper. " 390. Purchase by Sheriff or Deputy. " 391. Misdemeanor. " 392. Dieting, working slaves. Judiciary Act of 1799—Yol. I. 292. CLERKS.f 363. Sec. XXXIY. The Clerks of the several Courts in this cierk'sduty. State, shall copy into a book of record, all the proceedings in all civil cases in the said Courts respectively, which entry of record shall be Records, made within forty days J after the determination of any cause ; and the said Clerks shall be allowed the sum of ten cents for every hun¬ dred words of recording such proceeding, to be taxed in the bill of cost. And the said Clerks shall also keep regular and fair minutes of Minutes, all the proceedings in any of the said Courts, which shall be signed by the Judge of the Superior, or presiding Justices of the Inferior Courts (as the case may be) prior to the adjournment from day to day, 364. Sec. XXXV. The Clerks of the said Superior and Inferior Must he Courts, hereafter to be appointed, shall, before they enter upon the duties of their appointments, and after being commissioned by the and sccuritJf- Governor, take the following oath before one of the Judges of the Superior Courts, or a Justice of the Inferior Court of the County : "I do solemnly swear (or affirm) that I will truly and faithfully enter Theoa«i. and record all the orders, decrees, judgments, and other proceedings of the Superior (or Inferior) Court of the County of r, and all "For Act authorizing officers of adjoining County to act where none are elected, see Art. III. " Action," " Commencement, &c." sec. 74 of this title. For fees of several officers, see title "Fees." As to liability of Attorneys for Cost, see Art. III. "Action " " Costs " sec. 361, 1G4, 168. Infant Attorneys, for their contracts, see "Attorneys," sec. 12. As to election and qualification and duties of Clerks and Sheriff, see further, "County Officers." For Act authorizing Judge of the Superior Court, to appoint a Sheriff and Clerk tem¬ porarily in certain cases, see " County Officers," sec. 69. For Act regulating testimony of Attys. in certain cases, see " Evidence," sec. 45. For Sheriffs duty in relation to ffas vs. defaulting Tax Collectors, see " State Of. ficers." sec. 17. fFor duty of Clerk in reference to process, set fa, filing of petition, &c. see Art. Ill, "Action" " Commencement, &c." ^Before the next term of the Court; see " County Funds and Records," sec. 20. See further as to the records of the Courts, some title. 574 JUDICIARY—Sup'r and Inf'r C'ts— Officers CH—1799. Attorney and Solicitor General—Sheriff. other matters and things which by law ought by me to be recorded, and that 1 will faithfully and impartially discharge and perform all the duties required of me, to the best of my understanding." And Bona. shall also enter into bond with one or more good and sufficient se¬ curity or securities, to the Governor for the time being, in the sum of $3,000, conditioned for the faithful discharge of the duties requir¬ ed of them : And the said Clerks shall in virtue of their offices be May admin- Justices of the Peace, so far as to administer all oaths appertaining to appertaining the business of their office.* ciauusin^s. 365. Sec. XXXVI. No Clerk of a Court or other person em- Notto act 35 ployed in his office, shall act as attorney in his own name, or the attorney, name of any other person, or be allowed to plead or practice in such Courts, during the time he shall be employed in such office : And Maybeci'kthe same person may be Clerk of the Superior and Inferior Court of oi both c'ts. tjle same (bounty ; Provided, that nothing herein contained shall extend to prevent any officer of the Court from prosecuting or de¬ fending any suit to which he is a party. law department.f duty of soi. 366. Sec. XXXVII. It shall be the duty of the State's Attor- Ceneraj'y ney anc^ Solicitors, or one of them, to prosecute all delinquents for crimes and other offences, cognizable by the said Courts, and all c.ivil actions in which this State shall be concerned, and to give advice or opinion in writing to his Excellency the Governor, in questions of in case of ^aw in which the State maybe interested. And in case it should so happen that neither the State's Attorney or Solicitors, or either of appoint. them, can attend the said Courts, then the Judge presiding may, and he is hereby authorized and required, to appoint some attorney at law, to prepare and prosecute the indictments and other business of the State, and such person so appointed shall be entitled to the same fees and emoluments therein, as the State's Attorney or Solicitors would have been entitled to. sheriffs.^ sheriff, 367. Sec. XLVI. The Sheriffs of the several Counties shall at- their duty. j-en(j prie gUpeiqor anci Inferior Courts in the respective Comities when sitting, and by themselves or deputies, execute throughout the Coun¬ ties^ all writs, warrants, precepts and processes directed to them, issued under the authority of any Judge or Justice of the said Supe¬ rior or Inferior Courts, or the Clerk of either of the Courts ; and the said Sheriffs or their deputies shall have power to command allneces- *As to probate of deeds before him, see " Conveyances &c." sec. 65. 69. fSee further as to duties of Sol. and Attorney General, " State Officers," sees. 21, 26, 71. Also " Escheats,"' sec. 18. J For Act giving Sheriff, Coroner, and Constable, control of executions, for which they are made liable, see Art III. "Action" " Execution, &c." sec. 191. As to executions for and against Sheriff, see "Executions &c." sec. 198. §Muy follow an itinerant person out of the County, see " Bail," sec. 87. JUDICIARY.—Sup'r and Inf'r C'ts— malpractice, shall be guilty of extortion or other malpractice in the execution 01 his office, upon complaint made on oath to the State's Attorney or So¬ licitors, it shall be the duty of such Attorney or Solicitor, to exhibit a bill of indictment against the person so offending, who, upon con¬ viction thereof, shall be fined by the Court in treble the amount which he may have extorted from any person; which shall be ap¬ plied, one moiety to the injured person, and the other moiety to the (1.) Receiving money afterwards, securities not liable. 2 Kelly, 248. (2.) Order of Court unnecessary. 7 Ga. 264. (3.) The Sheriff may be attached for a false return as to the escape of a prisoner. 1 Kelly, 547. Also for failure of deputy to pay over money. 1 Kelly, 584. On a rule absolute against a Sheriff, an execution cannot issue. It must be enforced by attachment. 6 Ga. 239, 8 Ga. 156. It is a civil process and plaintiff must pay jail fees. 6 Ga. 575. Proceeding by rule does not bar proceedings by action. 7 Ga. 445 ; Measure of dam¬ ages for failing to levy. Ibid. Sheriff may be ruled by defendant inf. fa. 8 Ga. 156. JUDICIARY.—Sup'rand Inf'r C'ts—Officers Ct—1810-'12. 577 Duties of Clerks—Execution Docket. use of such County, and shall likewise be removed from office, and suffer such other punishment as the law directs. 373. Sec. LII. Whenever the Sheriff of any Comity within rns^bj^bte this State, shall fail to make proper return of all writs, executions to an action and other process put into his hands, or shall fail or neglect to pay anfromwa' up all moneys received on such executions, on his being required by the Court so to do, he shall be liable to an action, as for contempt, and may be fined, imprisoned or removed from office, in the manner prescribed by the Constitution. An Act to define the duties of the Clerks of the Superior and Infe¬ rior Courts of this State, and Sheriffs.—Approved Dec. 15, 1810. Vol. M. 664. Whereas, a practice has prevailed in the Superior and Inferior Courts in this State, for judgments to be kept open, notwithstanding the Sheriff may have returned the execution or executions bottom¬ ed on such judgpients satisfied ' And whereas, great evil might grow out of such practice ; for remedy whereof, 374. Sec. I. Be it enacted, §'c.' That from and after the first day of February next, it shall be the duty of such Clerks, immcdi- shaii bo ately after the return of such Sheriff of such execution or executions, as the case may be, to enter such satisfaction on such judgment, either in whole or in part, as per Sheriff's return. 375. Sec. II. It shall be the duty of such Clerks to keep a dock- et book, for the special purpose of entering the names and stating the cases of parties, plaintiff or plaintiffs, and defendant or defend¬ ants, and enter such satisfaction as aforesaid. 376. Sec. III. The respective Clerks of the Superior and Infe- rior Courts of this State, shall keep regular subpoena dockets, and the said Clerks of the Superior Courts shall also keep separate dock¬ ets for all criminal cases, which shall be entered in their regular order., 377. Sec. IV. The different Sheriffs in this State shall keep sheriff'sex- js • i i-i in ecutmn fair and regular execution dockets, wherein they shall enter all execu- how, tions delivered to them, and the dates of such delivery, together ho'.V n^a. with all their actings and doings thereon, and file the same in the Clerk's office out of which such executions may have issued, on or before the first day of the meeting of the Court to which they may be" made returnable, which said dockets shall remain, in the said of¬ fices, subject to the inspection of all persons concerned therein. Sec. V. [See Art. XXI. " Securities and Endorsers," sec. 430.J An Actio amend and explain the XXIXth section of the Law of this State.—Approved Dec. 7, 1812. Vol. III. 381. Secs. I. and II. [See "Costs," sees. 163, 164.1 73 J 578 JUDICIARY.—Sup'r and Inf'r C'ts —Officers CH—1812~'22. Defaulting Attorneys and other officers. Attorney re- 378. And if any attorney shall retain in his hands any money ent's money received hy him for any client, after being ordered by the Court to the'ronl""01" Pay over ^ie same to the principal, he shall be struck from the list of attorneys, and never more suffered to plead in any of the Courts in this State. An Act to authorize Sheriffs to perform, the duties of their office in adjoining Counties in certain cases herein defined.—Approved Dec. 7, 1812. Yol. HI. 142. where the 379. In all cases which require the official acts of a Sheriff fnterested, wherein he is or may be a party in th$ case, and no Coroner can be oner "the01" obtained in the County to perform and execute the office of Sheriff, sheriff of the that then and in that case, it shall and may be lawful for any Sheriff county1'may in an adjoining County to do and perform all manner of official acts act' that a Coroner is authorized to do and perform in cases where the Sheriff is a party interested.* An Act to facilitate the reco very of Money o ut of the hands of Sheriffs, Coroners, Justices of the Peace, Constables, Clerics of the Superior u.nd Inferior Courts, and Attorneys at Law.—Approved Dec. 23, 1822. Vol. IV. 403. oncers hnv- 380. From and after the passage of this Act, it shall be the duty inginpos 0f the gheriffs, Coroners, Justices of the Peace, Constables, Clerks session mo- 3 3 5 3 , • neycoUectMof the Superior and Inferior Courts, and Attorneys at law, in this 20 per cent? State, upon application, to pay to the proper person or persons, his, mandftande her, or their attorney any money or moneys they may have in their nonce. hands ; and if not promptly paid, the party or parties entitled there¬ to, his, her or their attorney may serve said officer with a written demand for the same ; and if not then paid, for such neglect or refu¬ sal the said officer shall be compelled to pay at the rate of twenty per cent, per annum, upon the sum he has in his hands, from the date of such jnst demand, if good cause be not shown to the contrary.! copy of de 381. Sec. II. A copy of said demand produced into Court, verified inasd made hy affidavit, stating when and where the original was served upon evidence. the officer, shall be prima facie evidence of the date and service thereof. repealing Sfx. III. All laws and parts of laws militating against this Act, clause. are hereby repealed. An Act to authorize the return of Sheriffs, Constables, Coroners and Justices of the Peace, to be traversed, and to point out the manner •For other provisions on this subject, see Art. III. "Action," " Commencement, &c. sec. 74, of this title. See also, sec. 198. fProvisions of this Act extended. See sec. 384. JUDICIARY.—Sup'r and Inf'r C'ts—Officers Ot—1840-'41. 579 Traverse of Returns—Absent Sheriff—Defaulting officers. in which they shall make returns.—Assented to Dec. 22, 1840. Pam. 40. 382. Sec. I. Be it enacted, That from and after the passage of this Act, whenever any Sheriff, Constable, Coroner, or Justice of ne^&c^ the Peace shall make a return or showing, under or by virtue of any oath and rule or order of any Judge of any Superior Court of this State, the ™earsed.tra" same shall be made on oath to be taken at the time of making such return or showing, and the party calling for such return or showing, shall be at liberty to traverse the truth of such return or showing, and upon such traverse an issue shall be formed and tried by a Jury, as in the case of other traverses.*1 Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act requiring Judges to grant Rules Absolute against Sheriffs in certain cases.—Assented to Dec. 11, 1841. Pam. 122. 383. Whereas, Sheriffs in this State frequently absent them¬ selves from their Court, for the purpose of preventing rules being taken against them for failure to raise moneys on executions ; and whereas, injury frequently accrues to plaintiffs in execution; for remedy whereof— Sec. I. Be it enacted, That whenever a Sheriff of any County rules in this State absents himself from his Court, that the presiding aSentLfg*1^ Judge or Judges, in all such instances, when required by plaintiffs himseif- in executions or their attorney, shall grant rules absolute against said Sheriff, unless it is proven, at said term of the Court, that the Sheriff, from sickness, is not able to attend said Court, any law or custom to the contrary. An Act to extend the provisions of an Act entitled an Act to facilitate the recovery of money out of the hands of Sheriffs, Coroners, Jus¬ tices of the Peace, Constables, Clerks of the Superior and Inferior Courts and Attorneys at Law passed December twenty-third, eigh¬ teen hundred and twenty-two, to certain cases therein named.—As¬ sented to Dec. 11, 1841. Pam. 124. 384. Be it enacted, That from and immediately after the passage 20 per«. rn of this Act, that whenever a'rule absolute shalf be obtained against any Sheriff, Coroner, Justice of the Peace, Constable, Clerk of the Superior or Inferior Court, or Attorney at law, for the payment of granted money when such money shall not be promptly paid, that such de¬ mand shall thereafter draw an interest at the rate of twenty per cent, per annum. •For Act making Justices of the Peace liable to rule in Superior Court, see title " Justices of the Peace," sees. 87, 43. (1.) This Act applies to every return to any Order of any Superior Court. 1 Kelly,oii. 580 JUDICIARY.—Sup'r and Inf'r C'ts—Officers C't—1S11—'50. Kule vs. Deputy Sheriff—In vacation—Special officer—Advertisements, -where published. i>?p.siiermfs 385. Sec. II. All Deputy Sheriffs shall be liable to be ruled and r'li'iT.attached in the same way and manner as Sheriffs ; but the liability Mity'oontin- of the Sheriff shall not be affected by any such proceeding against uos.. deputy where the same is not effective. p-u'm n»" 386. Sec. III. It shall be lawful for the Judges of the Superior ofrain va«a-Courts of this State, Justices of the Inferior Court and Justices of tion" the Peace, upon application, to grant rules nisi against all officers ia vacation, which may be served as heretofore practised.* 387. Sec. IY. Whenever the Sheriff or his deputy is a party to said rule, or interested therein, and there be no Coroner or other lawful officer of said County to execute the same, it shall be the duty of the Judge or Justice or Justices of said Court to appoint, pro tern- pore, a special officer to carry out and effectuate the order of said Court, which said officer, so appointed, shall be allowed the usual Foos. fees of Sheriffs for like service.f Sec. Y. All laws and parts of laws militating against this law, be, and the same are hereby repealed. An Act to authorize and require the Sheriff's, Coroners, Clerics of the Superior and Inferior Courts, and Courts of Ordinary in the several Counties in this State, to advertise in certain newspapers. Approved Feb 22, 1850. Pam. 44. Advert^5- 388. Sec. I. Be it enacted, That the Sheriffs, Coroners, Clerks of the Superior and Inferior Courts, and Clerks of the Courts of wf;^ "Mdc- Ordinary in the several Counties in this State, are hereby authori¬ zed and recpiired to advertise their sales, citations, and proceedings of their respective Courts in some newspaper published in their Counties respectively, and if there be no such paper published in the County, then in. the nearest newspaper having the largest or a gener- Notic5 of circulation in the County; and no such officer shall change the cr.av$>- advertising connected with his office from one paper to another, without first giving notice of his intention to do so in the paper in which his advertisements may have been published..^ jvpi»('es ^89. Sec. II. All deputies of Sheriffs, or other officers herein mine iwPer mentioned, shall advertise in the same papers in which their princi¬ pals advertise. Sec. IIL All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to prohibit Sheriffs and their Deputies fromleccming direct¬ ly or indirectly purchasers of property at their own sales, to var cate all titles taken or held by them for property so purchased, arid *For Act authorizing ex-officers to be ruled, see "County Officers," sec. 16. t Judge may appoint Sheriff and Cicrk temporarily, where there is a vacancy, at a term of the Court. See " County Officers," sec. 69. jFor Act requring Clerk Inf'r C'ts—Partners, $•<'. Sale and title to purchaser—Partners and Partnerships. Application showing on c&Ui that a fair division cannot bo made. Order of sale. Sale by 3 commission fers. Advertise¬ ment. itcturn. Title to pctrcJiascr. be made to any of the Superior Courts of this State for a partition of lands or tenements, held in joint tenancy, tenancy in common or in coparcenary, and either of the parties in interest shall, by his or her affidavit, or other proof, make it satisfactorily appear to the Court, that a fair and equitable division of said lands and tenements cannot be made, by metes and bounds, by reason of improvements made on said lands and tenements, or by reason of the said lands and tenements being valuable for the erection of mills or machinery of any kind, or by reason of said lands being valuable for mining purposes, and in all cases where it shall be made appear to the Court, that the value of the entire lands and tenements will be depreciated by such division as aforesaid, that then and in that case, the said Court shall order a sale of the said lands and tenements, on such just and equitable terms as it shall prescribe, and order the proceeds to be di¬ vided among the several claimants rateably, in proportion to thei? respective interests, after deducting the expenses of the proceedings. 397. Sec. II. In all cases where it shall be necessary to make a sale of lands or tenements, to effect a just and equitable partition thereof, it shall be the duty of the Court to appoint three discreet and proper persons, under such qualifications as it may prescribe, to make sale of the said lands and tenements, after an advertisement pf thirty days in one of the public gazettes, on the first Tuesday in the month, at the Court house, in the County in which the said lands or tenements are situate, and to return their proceedings to the next following term of the Court. 398. Sec. III. Upon the sale of said lands and tenements as aforesaid, the said parties in interest, shall make a title to the pur¬ chaser, and in case of failure or refusal of them or any of them, the said persons appointed under the authority of the Court aforesaid, or any two of them, shall execute a deed of conveyance, to the said lands or tenements to the purchaser or purchasers, which said deed of conveyance shall be as valid and binding in Law and Equity, as if it had been made by the parties themselves. [Statutes omitted as obsolete, repealed or superseded. Act of 1763. Watk. 86.] Provincial ART. XIX. PARTNERS AND PARTNERSHIPS.* Sec. 399. Limited Partnerships. " 400 General and Special Partners. " 401. Power of General Partners. " 402. Certificate, contents. " 403. Attestation. " 404 Filing and record, " 4 5j Affidavit filed. " 406. Effect of failure. " 407. Publication of terras. " 408. Affidavit of Printer. " 409. Renewals of Partnership. " 410. Alteration, dissolution. " 411. N ame of Partnership. " 412. Suits by and against. 413. Dividends. Sec. 414. Refunding. " 415. Power of Special Partner. " 416. Liability of General Partner. " 417. Fraud, effect of. " 418. Fraudulent sales and liens. " 419. By a Partner. " 420. Penalty. " 421. Rights of creditors. " 422. Dissolution. " 423. Name of retired partner. " 424. Penalty for using. " 425. JBond by one Partner. " 426. Judgment for and against. " 427. Bond to Partnership. "m 428. Denial of Partnership by plea. •Where all the partners are not served, judgment vs. defendant served, see Art.IB. JUDICIARY.—Sup'r and Inf'r C'ts—Partners, Spc.—1837. 585 Limited Partnership—Certificate, &c. An, Act to authorize Limited Partnerships.-^-Assented to 22d. Dec. 1837, Pam. 182. 399. Sec. I. Be it enacted, That limited partnerships for the Limitodfarv transaction of any mercantile, commercial, mechanical, manufactur- ncraipd' ing, mining, or agricultural business, within this State, may be form¬ ed by two or more persons, upon the terms, with the rights and pow¬ ers, and subject to the conditions and liabilities herein prescribed ; except for but the provisions of this Act shall not be construed to authorize any insurance such partnership for the purpose of banking, or making insurance. Purt>oaea- 400. Sec. II. Such partnerships may consist of one or more general persons, who shall be called general partners, and who shall be jointly Partucrs- and severally responsible as general partners, and of one or more pen¬ sions who shall contribute, in actual cash, a specific sum as capital to the common stock, who shall be called special partners, and who special shall not be liable for debts of the partnership beyond the fund so Theuuia^ri- contributed by him or them to the capital, except as hereinafter pro-ty' vided. 401. Sec. III. The general partners only shall be authorized to authority of transact business, and to sign for the partnership, and to bind the partners, same. 402. Sec. IV. Persons desirous of forming such partnership, shall certificate, make and severally sign, by themselves or attorney in fact, a certif¬ icate which shall contain—1st, the name of the firm under which Name, such partnership is to be conducted; 2d, the general nature of the Busing business intended to be transacted ; 3d, the names of all the general and Partn<*»« special partners inserted therein, distinguishing which are general, naM,ea> and which are special partners, and their respective places of resi¬ dence ; 4th, the amount of capital which each special partner shall capita*, have contributed to the common stock ; 5th, the period at which the Time, partnership is to commence, and the period at which it shall termi¬ nate, and when made by such attorney in fact, the power of attorney Power o*At- duly authenticated shall be recorded along with such certificate. torney' 403. Sec. V. The certificate shall be acknoAvledged by the acknow^- several persons signing the same, or their attorney in fact, before ajudgt,&£w Judge of the Superior or Inferior Court, or a Justice of the Peace, or Notary Public, and such acknowledgement shall be certified by the certified by officer before whom the same is made. hun' 404. Sec. VI. The certificate and power of attorney in fact, so and eiwi'in acknowledged and certified, shall be filed in the office of the Clerk *l of the Superior Court of the County in which the principal place ^by wra of business of the partnership shall be situated, and shall also be re- recorded, corded by him at large, in a book to be kept for that purpose, open t® public inspection. If the partnership shall have places of business " Action" "Parties," sees. 103. 101. of this title. Partnership property bound. Proceedings where one pleads infancy, see Art. III. " Action," •' Pleadings, &c." sec. 112. Amendment where the name of the partner is omitted, see Art. III. " Action" "Pleading, &c." sec. 130. Appeals by one partner, see Art. in. " Action," " YeJdict, Appeals, &c." sec. 147. 74 586 JUDICIARY.—Sup'r and Inf'r C'ts—Partners, $fc.—1837. Record—Effect of failure—Publication—Renewals. ifbusinc; ? situated in different Counties, a transcript of the certificate, and pow- countl-1 er of attorney in fact, and of the acknowledgement thereof, duly cer- eaciir.dod 11 tified by the Clerk in whose office it shall be filed, under his official seal, shall be filed and recorded in like manner in the office of the Clerk ol the Superior Court in every such County ; and the Clerk clerk's !■?■?. for eaCh and every registry required by this Act shall be entitled to the sum of five dollars. affidavit. 405. Sec. VII. At the time of filing the original certificate, with the evidence of the acknowledgement thereof, as before directed, ail To be ffici affidavit or affidavits of the several general partners shall also be filed in the same office, stating that the sums specified in the certificate to have been contributed by each of the special partners to the coni- mon stock, have been actually and in good faith paid in cash, and a cenifw certified copy of such certificate and power of attorney and affidavit dence. shall be evidence in all Courts and places whatsoever, on failure, 406. Sec. VIII. No such partnership shall be deemed to have been formed until such a certificate as is herein mentioned, shall partners. 5vnrs ])3en made, acknowledged, filed and recorded, nor until an affi¬ davit shall have been filed as above directed ; and if any false state¬ ment be made in such certificate or affidavit, or if such partnership business be commenced before such certificate or affidavit is filed, all the persons interested in such partnership shall be liable for all the engagements thereof as general partners. ofterm^if'n ' ^EC' The partners shall publish the terms of the part¬ nership, when registered, for at least six weeks immediately after such registry, in one newspaper in the County in which the place of business is situated, and in one newspaper in the City of Milledge- viile. If no newspaper should be published in the County in which the business is to be transacted, the notice shall be published in all the newspapers in the City of Milledgeville as before required, and if such publication be not made within two months from the time of filing such certificate aud affidavit, the partnership shall be deemed general. Affidavit of 408. Sec. X.. The affidavits of the publication of such notice printer ..ie.. ^ ^ printers, publishers, or editors of the newspapers in which the same shall be published, may be filed in the office of the Clerk of the Superior Court in which the certificate has been filed, and shall be Evidence, evidence of the facts therein contained. Renewals of 409. Sec. XI. Every renewal or continuance of such partner- pjnnerohiFt'ships beyond the time originally fixed for its duration, shall be cer¬ tified, acknowledged, and recorded, and an affidavit of a general part¬ ner be made and filed, and notice be given in the manner herein re- Quired for its original formation ; and every such partnership which shall be otherwise renewed or continued, shall be deemed a general partnership. Every aitsr- 4io. Sec. XII. Every alteration which shall be made in the anon is a J dissolution names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original cer¬ tificate, shall be deemed a dissolution of the partnership; and every such partnership, which shall in any manner be carried on after any such alteration shall have been made, shall he deemed a general part- JUDICIARY—Sup'r and Inf'r C'ts.—Partners, fyc.—1837. 5S7 Other provisions as to limited partnership. nership, unless renewed as a special partnership, according to the unless re- prOVisionS of the last section. newe,L 411. Sec. XIII. The business of the partnership shall be con-Name of ducted under a firm, in which the names of the general partners only partucr!ih5p- shall be inserted, without the addition of the word " company," or any other general term; and if the name of any special partner shall be used in such firm, he shall be deemed a general partner. 412. Sec. XXY. Suits to be brought by any partnership to be form-suits in ed under this Act, shall be in the name or names of the general partners ^aTpartners only, and suits against such partnership shall be brought against thefor?nd general partners only; except in cases where the special shall be ren¬ dered liable as general partners, in which cases suits may be brought against all the partners jointly or severally, or any one or more of the special partners may be sued in the same action with the general partners. •413. Sec. XY. No part of the sum which any special partner no divi- shall have contributed to the capital stock, shall be withdrawn by pa^spedai him, or paid or transferred to him in the shape of dividends, profits or otherwise,at any time during the continuance of the partnership, but stock, any partner may annually receive lawful interest on the sum so con- Lawful in- tributed by him, if the payment of such interest shall not reduce the be, and his original amount of such capital; and if, after the payment of such profits.of tue interest, any profits shall remain to be divided, he may also receive his portion of such profits, but shall not be liable for any debts pre¬ viously contracted by the general partners. 414. Sec. XYl. If it shall appear that by the payment of interest if otherwise, or profits to any special partner, the original capital has been redu- boumftore- ced, or the firm shall be unable to pay its debts, the partner receiving fund° the same shall be bound to restore the interest or profits received by him, necessary to make good his original share of the original stock., 415. Sec. XYII. A special partner may at any time examine special psrt- into the state and progress of the partnership concerns, and may ad- "xamTneand vise as to their management; but he shall not transact any business |^enot on account of the partnership, nor be employed for that purpose as as'^t agent or otherwise. If he shall interfere, contrary to these provisions, attorney at he shall be deemed a general partner, but he may act as the attorneylaw' or counsellor at Law or in Equity for the partnership, without being liable to become a general partner. 416. Sec. XYI1I. The general partners shall be liable to account general to each other, and to the special partners for their management of the L?et^ac-ha" business of the firm, both in Law and Equity, as other partners nowcount- are by Law and Equity. 417. Sec. XIX. Every partner who shall be guilty of any fraud partner guii. in the affairs or business of the partnership, shall be liable civilly to shaiVbe'ifa- the party injured, to the extent of his damage ; and shall also be lia- an/criml ble to an indictment for a misdemeanor, punishable by fine or impris- na"y- onment, or both, at the discretion of the Superior Court, by which he shall be tried. 418. Sec. XX. Every sale, assignment, of transfer or any of the property or effects of such partnership, made by such partnership when insolvent, or in contemplation of insolvency, or after, or in 588 JUDICIARY.—Sup'r and Inf'r C'ts—Partners, c^v.—1837. Limited Partnership—Retired partner's name. Sai ps made, contemplation of the insolvency of any partner, with ihe intent of giv-' aje when insolvent, or in contemplation of insolvency, or af- M^vency, ter, or in contemplation of the insolvency of the partnership, with the intent of giving to any creditor of his own, or of the partnership, a preference over creditors of the partnership, every judgment con¬ fessed, lien created, or security given, by any such partner, under the like circumstances and with like intent, shall be void as against th« creditors of the partnership, spwiai part- 420. Sec. XXII. Any special partner who shall violate any ocrvMidimg provision of the two last preceding sections, or who shall concur in or assent to any such violation by the partnership, or by any individual partner partner, shall be liable as a general partner. special pa« 421. Sec. XXIII. In case of the insolvency or bankruptcy of tfte "dufo'ther" partnership, no special partner shall, under any circumstances, beal- crttditers. jowe(j t0 cia|m as a creditor, until the claims of all the other creditors of the partnership shall he satisfied. dissolution. 422. Sec. XXIV. No dissolution of such partnership, by tEa acts of the parties, shall take place previous to the time specified ill the certificate of its renewal, until a notice of such intended dissolu¬ tion shall have been filed and recorded in the Clerk's office in which the original certificate was recorded, and published at least once a week for four weeks in a newspaper printed in each of the Counties where the partnership hass places of business ; but if no newspaperbfl Advertise- printed in such Counties, then the notice shall be published for four weeks in all the newspapers in the City of Milledgeville, which notice shall be signed by all the partners, or their representatives ; Provided, Proviso. that nothing herein contained shall be so construed as to affect tha collection of any demand against either of the special partners, which may have been contracted previously to the commencement of such special partnership. An Act to prohibit persons who arc partners in trade, or any hind of business, from inserting, continuing or using, in their partnership style and name, the name of any individual not actually a co-partner, and to prevent the collect ion of debts due to any partnership violating the provisions of this Act, and to punish those who May violate the $am& —Assented to Dec. 25, 1837. Pam. 187. °rtre 423. Sec. I. Be it enacted, That from and after the passage of nw shaii not this Act, it shall not be lawful for any persons, who are partners in He used. trade, or business of any kind, to insert or use in their partnership, firm, style and name, the name of any person not actually a co-part* JUDICIARY.—Sup'r and Inf'r C'ts—Partners, 6pc.—1838-40. 589 Bonds, &c. executed by Partner—Judgment in Partnership name. ner with them at the time his or her name is so inserted or used, nor shall it be lawful to continue, in any partnership firm, style and name, the name of any individual partner after he or she shall have retired from partnership : Provided, that this Act shall not be so construed as to prevent the collection of debts due to any partner¬ ship, after its dissolution, or after the retirement of any partner, in the name previously used, in conformity with this Act. 424. Sec. II. Each and every individual violating the provis- Penalty for ions of this Act, shall forfeit and pay the sum of one hundred dollarsI'lMeaSi for each and every day such name may be used; to be sued for and day' recovered by any person who may prosecute for the sarae. An Act to authorize partners, or persons jointly interested, under certain circumstances to execute sealed instruments.—Assented to Dec. 29, 1838. Pam. 165. 425. Sec. I. Be it enacted, That in all suits either in favor of, or b nds against partners or persons jointly interested, and in all cases when "egai"pro-" such partners or persons jointly interested shall in any wise become "ay'isf connected with any suit or other matter, pending in any of the p"^ner! Courts of this State, in any way whatsoever, wherein it shall be¬ come necessary for said partners or persons jointly interested to give bond, it shall and may be lawful for any one of said partners or per¬ sons jointly interested, to execute the same by signing the names of all of said partners or persons jointly interested; and the same shall be obligatory and binding upon every of said partners or persons in¬ terested ; any law to the contrary notwithstading.*1 An Act declaratory of the force and validity of all executions or judg¬ ments issued or entered up inhehalj of copartners, or against co¬ partners, where the partnership style is used or set forth, and the christian and surnames of the co-partners omitted,, and also to de¬ clare the force of bonds made to partnerships using their common name or style.—Assented to Dec. 22, 1840. Pam. 114. 426. Sec. I. Be it enacted, That from and after the passage of this Act, no judgment or execution shall be arrested or annulled in and any case where the judgment has been entered up, or the execution issued in favor of copartners or against copartners, where the partner¬ ship style is used therein instead of the christian and surnames of each person composing such partnership, as has been held to be necessary by some of the Judges of this State ; but such judgment or execution shall not, for such omission on the part of any officer of the Court, Clerk, or Justice of the Peace, be affected or delayed in anywise thereby. •See next Act as to bonds made to partnership. [ 1] This law applies to bonds given to obtain attachments. Dow, Wilson, %c. vs. 8/nitl» $ Co. 8 Ga. Rep. 551. 590 JUDICIARY—Sup'r and Inf'h C'ts—Poss. Warrant—1S21. Bonds to Partnership—Proof of Partnership—Possessory Warrant. Bond? paya-' 427. Sec. II. All bonds payable to two persons or more, doing nersh/p^ business under partnership name or style, shall be as obligatory and binding upon the obligors of such bonds, where made with obligees using their firm name or style, as if each name composing such part¬ nership had been set forth.* Sec. III. All laws or decisions militating against the plain and manifest intention of this Act, be, and the same are hereby repealed. An Act to enable copartners, who are plaintiffs in the Courts of Law and Equity in this State, to maintain and prosecute their suits in said Courts, in certain cases, without being compelled to adduce proof of their copartnership.—Assented to Dec. 2, 1841. Pam. 141. 428. Whereas, it has been decided by one or more of the Judges of the Superior Court of this State, that in all cases sued in said Court, in the name of a firm of joint traders or copartners, in any business, that proof of the copartnership, as alleged in the plaintiff's declara¬ tion, is necessary to be made before said plaintiffs are allowed to re» cover their demand. For remedy whereof, and to prevent the delay and expense of adducing such proof, rartn^rship Sec. I. Be it enacted, That from and after the passage of this proved, un- Act, it shall not be deemed or held necessary in any of the Courts «f i.7 Pica.1:ecJ Law or Equity of this State, for a firm of joint traders or copartners in any business, trade or profession, who are or hereafter may be plaintiff, in any cause pending in either of said Courts, to prove their copartnership: Provided, nevertheless, that nothing contained in this Act shall prevent said Courts, or any of them, from requiring such proof in any case where the defendant or defendants shall, reg¬ ularly, by plea in abatement, denying the existence of such firm or copartnership, as may be set forth by the plaintiffs in their bill, pe¬ tition, declaration or writ. Sec. II. All laws or parts of laws militating against this Act be, and the same are hereby repealed. AET. XX. POSSESSOEY WAEEAXT AND PROCEEDINGS TIIEREON.f An Act the more effectually to quiet and protect the Possession of Personal Property, and to prevent taking possession by fraud or violence.—Approved Dec. 25, 1821. Yol. IY. 207. Preamble. 429. Whereas, a practice hath been followed by some persons having, or laying claims to negroes and other personal property, to take or convey away the same by violence, seduction, or other means or to harbor, or otherwise take, or cause the same to be taken, out *See preceding Act, as to bonds made by one partner. jFor fees under this Act, see title " Fees," sec. 89. For proceedings against tenant holding over, see title " Bent," sees. 7» 8,9, As to tried of possession of lands, see " Penal Laws," sec. 214. JUDICIARY.—Sup'r and Inf'r C'ts—Poss. Warrant.—1821. 591 Complaint on oath—Proceedings thereon. of the possession of the adverse claimant without due course of law, and oftentimes to remove the same out of the State to the great in¬ jury of the true owner ; and whereas, manifest injustice, and many serious mischiefs may arise from such a practice', which is productive of frauds, violence, and quarrels, and bloodshed, Sec. IY. Be it therefore enacted, That upon complaint made on oncom- oath by the person injured, his agent or attorney, to any Judge of the judge'oroth- Superior, or Justice of the Inferior Court, or( any Justice of the Peace, that any negro or negroes, or other personal chattel, have ^ucThas been taken, enticed, or carried away by fraud, violence, seduction teen carried or other means, from the possession of such deponent, or that such w' negroes or other personal chattels having been recently in the quiet, and legally and peaceably acquired possession of such deponent, have ab¬ sconded or disappeared without his or her consent, and as he or she believes, have been harbored, received, or taken possession of, by any person or persons under some pretended claim or claims, and without lawful warrant or authority and that the said deponent, or the person for whom he is agent or attorney bona fide claims a title to or interest in the said negroes or other chattels, or the possession thereof, it shall be the duty of such Judge or Justice to issue a warrant, as well for a warrant the apprehension of the party so seizing, taking, enticing, receiving, for the of- harboring, obtaining, or having possession of such negroes or other the prapeny. chattels, as for the seizure of such negroes or other chattels themselves; re" and upon the return of such warrant the Judge or Justice shall hear™1"0!1'th® r . D question of evidence as to the question of possession m a summary way, and possession w cause the said negroes or other chattels to be delivered over to the a summary party from whose possession the same were violently or fraudulently poL'eaa-ili taken or enticed away, or from whom the same absconded, or in ^0j"Vp°ebde whose peaceable possession they last were : Provided, such party »«oniuigiy. shall, before such Judge or Justice, enter into a recognizance, with good and sufficient security, in double the amount of the value of such negroes or other personal property, and the hire claimed, if any, to cause the said negroes to be produced and forthcoming, to answer any judgment, execution, or decree that may be had, issued or made upon such suit or action at Law or in Equity as the opposite party may commence or prosecute within the next four years touching the same ; and such recognisance shall be returned by such Judge or Jus¬ tice to the next Superior Court of the County where the same is ta¬ ken, to be transmitted to the Court where such suit or action may be commenced ; and the securities upon such recognisance shall be bound and liable for the eventual condemnation-money, and execution shall issue against them in the same manner as against securities on ap¬ peals : Provided also, that when the party taking out the warrant Bond, how' shall refuse or be unable to give such security, then the Judge orifb/fhr"' Justice piay in his discretion deliver over such negroes or other per- sonal property to the opposite party, upon their entering into a like ^ ,0!i^e8 recognisance, with security of the same nature and effect, and to be g'von by the disposed of in the same manner. And if, upon return of the w if property h rant, it shall appear that the negroes or other personal property are in ed^pany the possession, power, custody or control of the defendant, or any 806310!"1 agent or friend of his or acting for or intrusted with them for him, and 532 JUDICIARY.—Sup'r and Inf'r C'ts—Sureties, tyc.—1S10. Bare ties and Indorsers—Surety paying off Ji- fa. entitled to control. the said defendant doth not produce or cause to be forthcoming the said negroes or other personal property to be dealt with as the law directs, the said defendant shall be committed to jail ; there to remain in safe and close custody, without bail or mainprise, until the said negroes or other personal property shall be produced or forthcoming proviso—4 to be disposed of, as aforesaid ; Provided always, that no person or Session1 persons shall be so committed for refusing to produce, or cause to he de forthcoming, any negro or other personal chattel which he, she, or they shall satisfactorily prove to have been in his or her quiet and peaceable possession for four years next immediately preceding the passing of this Act, or next immediately preceding the issuing of the warrant. Sec. II. [Bail in trover cases, see " Bail," sec. 95, this title.] ART. XXI. SURETIES AND INDORSERS.* Sec. 430. Surety paying, has control. " 431. On appeal, &c. paying olf. " 432. Judgment vs. surety on appeal. " 433. Surety on stay ; also. " 434. Defence by surety. " 435. Sureties theretofore. " 436. Evidence of suretyship. " 437. Notice to indorsers. Suits vs. " 433. Notice to collect. " 43!), Control after judgment. " 440. Though no defence. *' 441. Notice to collect. Sec. 442. Control hy Rank indorser. 443. Control vs. co-securities. 444. By two jointly. 44.5. Delivery of ft. fa. 443. Control; bona fide purchaser. 447. Judgment us. indorsers. 448. Control us. co-sureties. 449. By proof after judgment. 459. Judgment vs. surety alone. 451. Suits us. surety. 452. Control vs. co-sureties. 453. Control by indorser. An Act to define the duties of the Clerks of the Superior and Infer rior Courts of this State, and Sheriffs.—Approved Dec. 15, 1810. Vol. II. 664. [Szcs. 1. II. III. IV. See Art. XVII. Officers of Court, sec. 374] 430. Sec. V. Where it shall appear hy the Sheriff's return on any execution or executions, that the same has been paid by a secu¬ rity or securities, it shall be the duty of the Clerk to make such en¬ try in such docket book, and such security or securities shall have Surely nja- ]tins; p-iy- shall hiv'i the !h-,i"fit of tfc* oxccn- ttiTi>nacipa» the use and control of said execution for the purpose of remuner¬ ating him or themselves out of the principal for whom he or they stood security.f * Where surety on administrator's, &c. bond has paid off the judgment, entitled to the control, see Art. III. "Action,'' "i'arties," sec. 102, this title. Also as to suits ageing; them, sec. 101. Ah to uc exeats in favor of surety against his principal or co-security, see ^Art. lY. '5 Certioraries, Injunction and Ne Exeat," &c. sec. 225, of this title. Por Act for relief of sureties of public officers, see " State Officers," sec. 68. As to process of attachment in favor of sureties and indorsers, see title " Attach¬ ment," &c. sees. 16, 59. As to rights in Justice's Courts, 3ee " Justices of the Peace," sees. 20, 31. fPurther provisions on this subtjeet. Acts of 1826, 1831, and 1845, scc3. 431, 439, 445. JUDICIARY.—Sup'r and Inf'r C'ts—Sureties, Spc.—1826. 593 Control by Surety—-Special Defence. An Act to define the liability of securities on appeal, on stay of exe¬ cution, and for the protection of bail on recognizance, bond, note, or other contract.—'Approved Dec. 20, 1826. Vol. IV. 216. 431. In all cases where any person or persons hath heretofore sureties oa entered himself as security on appeal,* or for stay of execution in stay of exe- any case, in any Court in this State, and may subsequently thereto have"^*10 have paid off and discharged the execution issuing in such case, it charged an . ^ _ /• i /s i • ■* ~ ^ sunio^ To do shall and may be lawful for such security to apply to the Sheriff, entitled to Clerk, Constable, Marshal, or Attorney, to whom such payment may thereof, for be made, and procure an entry or certificate to be made on such ex- „fe proceed ecution that the same was paid by the security, and such security shall thereupon be entitled to the use and control of such execution for pal. the purpose of proceeding against his principal.! 432. Sec. II. In all cases of appeal where security hath been giv- on appeal en, and hereafter given, and hereafter to be tried, it shall and may meni'tobe" be lawful for the plaintiff or his attorney to enter up judgment ®gahistthe against the principal and the security, jointly or severally,! and execu- principalana tion shall issue accordingly and proceed against either or both, at thesurety' option of the plaintiff until he is satisfied Provided nevertheless, if Proviso, the execution against the security or securities be first paid by him or them, then the execution against the principal shall still be of force and under the control of the security or securities, until the same be satisfied by said principal.<§> 433. Sec. III. Where security shall have been given, or may Instayofc& hereafter be given for the stay of an execution after judgment, exe- ecution, n>e in- • c 1 "J?.', surety enti- cution shall issue as m cases of appeal against the principal and se- tied to tue curity, jointly or severally, and proceed and be controlled in like hke couuo1 manner.^ 434. Sec. IV. When any person or persons hath heretofore or sureties on shall hereafter become bail on recognizance, or security on bond, &cndVvhene&' note, or other contract, and shall be sued thereon, it shall and may sued, may be lawful for such bail or security on the trial of such case to make defence, and special defence;2 and in case it should appear to the Court that one Intend' or more of the defendants is or are securities only, and not interest- ed in the consideration of the contract sued on, then and in such ^y'ent£ case verdict and judgment shall be entered accordingly, and further "cd to the proceedings had, and privileges exercised as hereinbefore prescribed such!ege* in behalf of the other securities ; Provided, the plaintiff shall in no proviso, •Where only one of several parties appeals, surety's remedy is only against the party appealing. See Art. III. "Action," " Verdicts, Judgment and Appeals," sec. 149 of this title. fSee further, Acts of 1831 and 1845, sees. 439, 446. J Similar provision in Act of 1799. See "Verdict, Judgment, &c." under Art. III. "Action," sec. 131. §Only against party appealing; see same Art, sec. 149. (1.) This provision cumulative, and does not take away the process by sci.fa. 6 Ga, 416. (2.) Parol evidence admissible to show that he is surety. 6 Ga. 45. 75 594 JUDICIARY.—Sup'r and Inf'r C'ts—Sureties, <$-c.—1826. Notice to Indorsers—Suits against. case be delayed by any dispute which may arise between the defend¬ ants, but the Court shall decide the issues and the verdict which may have been finally rendered on the issues between the defendants, shall relate back to the time of the verdict and judgment in favor of the plaintiff. sameprivi-j 435. Sec. Y. In all cases in which any person or persons hath Ihose "who heretofore become security in the manner hereinbefore specified, and come surety judgment has been rendered against him or them, and execution has heretofore, been issued accordingly, in which they may be able to show that he or they were security only, and as such hath or have been* paid off and discharged such execution, such security or securities shall have the benefit thereof, and power to control the same, for the purpose of indemnifying himself or themselves out of the property of the principal. when a per- 436. Sec. YI. When any security to any note, bond, or obliga- Bcribes'iiis ^on> subscribe himself as security, such statement appended to name as his name on the said note, bond, or obligation, shall be held and tak- samernhe6 en as good evidence of his being such security, and the plaintiff shall proof thereof sue out original and mesne process against him accordingly.! An Act to define the liability ofi endorsers of prom issory notes and oth¬ er instruments, and to place them upon the same footing ivith securi¬ ties.—Approved Dec. 26, 1826. Yol. IY. 76. Endorsers 437. From and after the passage of this Act, that the practice rtuedu/no- heretofore required of making a demand of the makers of promis¬ ee, sory notes and other instruments, for the payment and performance of the same, and their giving notice of such demand within a rea¬ sonable time to the endorsers of said promissory notes and other in¬ struments, 1 shall cease and become entirely unnecessary to bind said And the en-endorsers, and whenever any person whatever endorses a promis- andTeWaTsorY note or other instrument, he shall be held, taken, and consider- a security. ecj as security to the same, and be in all respects bound as security, until said promissory note or other instrument is paid off and dis- And may be charged,2 and shall be liable to be sued in the same manner and in same'act/on ^e same action with the principal or maker of said promissory notes principal or other instruments; any law, practice, or usage to the contrary Banknotes notwithstanding: Provided always that nothing herein contained e-tceptcd. exten(j t0 any promissory notes which shall be given for the purpose of negotiation, or intended to be negotiated at any chartered bank, or \vhich may be deposited in any chartered bank for collec¬ tion; and provided also, that nothing contained in this Act shall be *" Been" is a mistake in enrolling. tSee Acts of 1831 and 1845, amending and explaining this Act. See also, Acts of 1839 and 1810, sees. 412, 443. (1.) Foreign bills of exchange are included under this Act. 4 Ga. 101. An indorser in blank cannot show by parol that an unconditional note was intended to be negotiated at bank. 4 Ga. 106. (2.) A note made by A, payable to B or order, and indorsed by C, C under this Act is liable as surety. 4 Ga, 266. JUDICIARY.—Sup'r and Inf'r C'ts—Sureties, Spc.—1831. 595 Notice to sue—Control to Surety. construed as to prevent the endorser from defining his liability in the endorsement. 438. Sec. II. Any security or endorser may, whenever he thinks the surety proper, after the note or instrument becomes due, require the holder to "heL^tioli proceed to collect the same ; and if he should not proceed to do so "hinged.8" within three months, the endorser or security shall be no longer liable.* An Act to alter and amend an Act, entitled an Act to define the liability qf securities on appeal, on stay of execution, and for the protection of bail, on recognizance, bond, note or other contract.—Approved Dec. 26, 1831. Pam. 133. Whereas, doubts exist whether the security or securities, against whom judgment has been rendered, and execution has issued ac¬ cordingly, upon any contract, bond or note, since the passage of the above-recited Act, can have legally the control of the execution where the same has been paid off by such security or securities, and they have neglected to make special defence at the trial, to indemni¬ fy themselves out of the property of the principal; for remedy whereof, 439. Be it enacted, That from and after the passage of this Ach Sureties it shall and may be lawful for any person or persons, who have here- tofore become security on any note, bond or other contract, qnd not interested in the consideration thereof, and judgment has been ren- have paid "ff- dered against them, and execution issued accordingly, and such se- ry the court curity or securities ha^e been heretofore compelled to pay off such judgment or execution, he, she, or they, shall be entitled to the cop.-sueh- trol of the same for the purpose of remunerating him, her or them, out of the property of the principal or principals:1 Provided a,l%Qays, that it shall be made satisfactorily appear to the Court from whence the execution issued, that such person or persons assuming to. have the control of any judgment or execution as aforesaid, yrere bong fide secu¬ rity or securities only, upon the original bond, note or Q.opfract, which was the foundation of the judgment and execution, 440. Where any security or securities as aforesaid, shall fail at Though no the trial of the note, bond, or other instrument upon which he, she, fenoe^wts" or they, were security or securities, to make special defence there- ™;aadj®at tha> of, it shall be lawful for such security or securities to take control after payment thereof, of the said fi. fa. after complying with the requisitions of the first section of this Act, and that all laws and *Sec also, Act of 1831, sec. 441. (I ) The lien dates back to the date of the judgment. 4 Ga. 123. The several Statutes giving control to sureties, extend to representatives Qf deceased sure¬ ties, 4 Ga. 521. To executors de son tort. Query ? Ib. The surety is entitled to the order giving control, although the judgment be dormant. 5. Ga. 580. Sureties on claim bonds are included. Keith vs. Whelchel. % Ga. Rep. 596 JUDICIARY.—Sup'r and Inf'r C'ts—Sureties, Sfc.— lfcitti-'ijy. Notice to holder to sue—Control to Indorsers. parts of laws militating against this Act, are, and the same are here¬ by repealed. An Act declaring and making certain the law defining the liability of endorsers and securities to promissory notes and other instru¬ ments, when the holder thereof shall fail to proceed to collect t/te same after notice.—Approved Dec. 26, 1831. . Pam. 136. Whereas, the Legislature of this State, did on the twenty-sixth of December, 1826, pass an Act, entitled "an Act, to define the lia¬ bility of endorsers of promissory notes and other instruments, and to place them upon the same footing with securities," by the second section of which Act, it is provided, that "any security or endorser may whenever he thinks proper, after the note or instrument be¬ comes due, require the holder to proceed to collect the same, and if he should not proceed to do so within three months, the endorser or security shall be no longer liableAnd whereas, the constitutionality of said second section is doubted, by t^ason of its departure from the title of said bill; for remedy whereof, The holder; 441. Be it enacted, That in every case which may hereafter arise, notef&c. where the security or endorser of any promissory note or other in- fn°gwhened strument? a^ter the same has or shall become due, has required or the endorser' shail hereafter require the holder thereof to proceed to collect the to collect it'same, and the said holder has not proceeded or shall not proceed to loses his do so, within three months after such notice or requisition, the en- cadZiM.. dorser or security shall be no longer liable.1 An Act to provide a, remedy for indorsers against all prior indorsers and the makers of promissory notes and other contracts, in certain cases therein mentioned.—Assented to Dec. 21, 1839. Pam. 58. Bank in- 442. Sec. I. Be it enacted, That from and immediately after the charging'ex- passage of this Act, it shall and may be lawful for all persons who have°contnJi shall hereafter become endorsers on any promissory note, bond or hiuT-e'it'1'1'"0 other contract, made in the face thereof payable at any chartered bank, or which shall be negotiated at any chartered bank, or deposited there for collection,* and where said endorsers are not interested in the consideration thereof, and judgment has been rendered against them, and execution has been issued thereon accordingly, and where such *See Act of 1850, sec. 453, as to all indorsers. (1.) Must sue a dormant partner when required to do so. 3 Kelly, 523. Anindorser who has paid off a note is a holder, and may be affected by notice. Ib. Where the principal moved out of the State before the three months expired, held that the holder had the full three months in which to sue. Ib. Though the holder reside out of Georgia, if the indorsement be a Georgia contract, the in- dorser may give notice. 4 Ga. 10. The notice by one surety inures to the benefit of the others, where more than one. 4 Ga. 397. Notice to the cashier of a bank is sufficient, and banks maybe notified as holders, 6 Ga. 44, JUDICIARY.—Sup'r and Inf'r C'ts—Sureties, &fc.—1840. 597 Bank Indorser to have control—Surety against Co-surety. endorser or endorsers, shall hereafter be compelled to pay off such judgments or executions, he, she, or they shall be entitled to the full control of each and every judgment or execution that shall or may be founded upon the same instrument as against the makers thereof, and all prior endorsers thereon, for the purpose of reimbursing and remunerating him, her, or themselves out of the property of said maker1 and endorsers: Provided, the person applying for such con¬ trol shall make it appear to the Court from whence the execution is- Proviso, sued, that he was only endorser thereon, and not interested in the consideration of said contract, and that he has bona fide paid off and discharged the judgment or execution that has been rendered or issued against him, and all costs on the other judgments. Sec. II. [Repealing clause.] An Act for the relief of Securities.—Assented to Dec. 22, 1840. Pam. 172. ■ 443. Whereas, great inconvience arises, and often great injustice done to individuals being parties in execution, under the existing law, as co-securities—for the fact, that whereas one security (as the case may be) having been compelled under execution to pay the debt or obligation of his principal, is not allowed to control or collect by said execution, each security's proportionable part of said execution so paid, but must proceed by an action at law ; for remedy whereof, Sec. I. Beit enacted, That from and immediately after the pas-surety dis-^ sage of this Act, any security (who may be sued together with oth-^mayhaVe er securities) shall pay or discharge any execution or executions hia issued against principal or co-sScurities, shall, after an entry is made co-sureties, on the said executions by the collecting officer, that the same has been well and truly paid by said security, then and in such cases, the said security so paying or discharging said execution [shall have control thereof] against each co-security who may have been made a party to said suit, for the proportionable part equitably due by each, and no more Provided nevertheless, that all should be equally re¬ sponsible ; if not, then to be equally divided or paid by those who are.2 444. Sec. II. Any execution so paid or satisfied by two or more se- two shall curities, shall be held as the joint property of said securities against all j^ntiy. the parties equally concerned for their proportionable part. 445. Sec. III. After payment and entry made, as herein prescribed, Fi/ato bo it shall be the duty of the officer making the entry to deliver said surety!ed t0 execution to the security who shall have made the payment, to be used and controlled as herein mentioned. Sec. IY. All laws and parts of laws militating against this law be, and the same are hereby repealed. ♦Amended by Act of 1850, sees. 448, 4o2. (1.) Such control must be by order of Court, and a voluntary payment will authorize it. 1 Kelly, 205. In Equity, order need not be shown. IB. 211. This Act does not apply to any but bank indorsers. Ib. 463. (See Act of 1850.) (2.) Accommodation indorsers are not liable to contribution, at Common Law, nor by o ur Statutes, 1 Kelly, 205. 598 JUDICIARY.—Sup'r and Inf'r C'ts—Sureties, fyc.—1S45. liights of Surety—Bona fid.» Purchaser—Suit vs. Inclorser. An Act to explain and amend the first section of an Act approved twentieth December, eighteen hundred and twenty-six, entitled an Act to define the liability of Securities on Appeal, on Stay of Exe¬ cutions, and for the protection of Bail on Recognisance, Bond, Note or other Contract. Also to explain and amend the first sec¬ tion of an Act approved December twenty-sixth, eighteen hundred and thirty-one, entitled an Act to alter* and amend an Act, entitled an Act to define the liability of Securities on Appeal, on Stay of Executions, and for the protection of Bail on Recognizance, Bond, Note, or other Contract.—Approved Dee. 27, 1845. Pain. 41. surety here- 446. Be it enacted, That from and immediately after the passage hereafter °f this Act, it shall and may he lawful for any person or persons who i?ans have heretofore become security on any note, bond or other instrument have control in writing, and not interested in the consideration, and judgment has been rendered against them, and such security or securities have been heretofore compelled to pay off such judgment, or may hereafter be compelled to pay off such judgment, he, she or they shall be entitled to the control of the same, and be permitted to use and control the same in as full and ample a manner as the party plaintiff could have done against the principal debtor or debtors: Provided always, that it shall be made satisfactorily appear to the Court where said judgment was rendered, that such person, or per¬ sons assuming to have the control of any judgment as aforesaid, were bona fide security or securities only, upon the original bond, note, or other instrument, which was the foundation of the judg- Bona fide ment. Provided further, that this Act shall not affect the rights of purchaser. ^Qna without actual notice of such securityship and judgment, acquired before the passage of the same. All laws and parts of laws, militating against this Act, be and the same are hereby repealed. An Act to prescribe the mode of signing Judgment and issuing Execu¬ tion against Endorsers in certain cases.—Approved Dec. 27, 1845. Pam. 39. judgmenton 447. Sec. I. Be it- enacted, That from and after the passage of doners's'haii this Act, in all cases where one or more persons are endorsers upon the'c'ontract. any hill of exchange, promissory note, or other instrument in writ¬ ing, and separate suits may be prosecuted against such endorsers in any Court of this State, it shall be the duty of the plaintiff or his attorney in signing judgment in such suits against such endorsers, Execution, to designate and identify the contract on which such judgment is rendered, and that execution shall issue accordingly. Sec. II. All laws and parts of laws militating against this Act, be and are hereby repealed. An Act to alter, amend and explain the first, section of an Act passed for the relief of Co-securities, assented to the 22d December, 1840, and JUDICIARY.—Sup'r and Inf'r C'ts—>SSureties, (^c.—1850. 599 Surety's control \s. Co-sureties. to authorize Constables to levy certain Executions—Approved Feb. 8, 1850. Pam. 277. Whereas, great doubt exists whether a co-security who has been sued with other securities as such, as also co-securities who have omitted to sign the original note or contract as security, and also neg¬ lected to make special defence at the trial of the same, showing him or themselves security on the original contract, and against whom executions have issued, and who have been compelled to pay off the same, can have control of the same for the purpose of reimbursing him or themselves out of the property of the co-securities :* 448. Sec. I. For remedy whereof1 he it enacted, That from and surety to have control immediately after the passage of this Act, any security who may against his have been, or who may hereafter be sued as such, with other co-se-co"sureties curities, and against whom execution may have been, or may be is¬ sued, and who may have been, or may hereafter be compelled to pay off the same, shall, after an entry made by the collecting officer, that the same has been well and truly paid by such security, have control of the execution or executions for the purpose of reimburs¬ ing him or themselves proportionably, out of the property of the co-security or securities 449. Sec. II. Any security who may have been or may be sued surety who docs not 3p» together with other securities, and who have omitted or may omit pear such, to sign the original note or contract as security, and who when sued {Jroo! to the have neglected or mpy neglect to make special defence at the trial, controfofVe showing himself or themselves security on the original contract, and>/tt* against whom execution has issued or may issue, and who have been or may be compelled to pay off the same, shall upon showing to the Court from whence said execution or executions issued, that he or they were bona fide security or securities on the original contract, and not interested in the original consideration, have an entry by the Court that he or they are security or securities on the execution or ex¬ ecutions, and after which, and upon having an entry made by the collecting officer, on the execution or executions, that the same has been well and truly paid by said security or securities, then and in such cases, said security or securities so paying off and discharging said execution or executions, shall have control of the same for the contribution purpose of collecting by levy and sale from each co-security so sued r^pSnsIbie? together, or such as may be responsible, the proportionable share due by each upon such execution or executions: Provided never¬ theless, that if any should not be responsible, then the amount so paid on said execution or executions by such security, is to be equal¬ ly divided between those securities who are. Sec. III. [Authorizing Constables to levy executions against Sheriff. See Art. ill. "Action," "Execution, Sale," &c. sec. 205, of this title.] Sec. IV. All laws and parts of laws militating against this Act, be and the same are hereby repealed. ♦See also, next Aet, 60° JUDICIARY—Sup's and Ine'r C'ts— Usury—1842. Judgment vs. Surety alone—Control—Indorser—Usury. An Act to amend an A.ct entitled an Act to alter and amend an Act entitled an Act to define the liability of sureties on Appeals, §'c. Approved December 26th, 1831.—Approved Feb. 23, 1850. Pam. 288. wherojudg- 450. Sec. I. Be it enacted, That whenever any person has or sifrety aione shall become surety on any note, bond or othef contract, and fails to cootrot.set s^§n name as such, and separate actions are brought against such surety and his principal, and the surety shall or may pay off the judgment rendered against himself, and shall make it appear to the Court in which the judgment was obtained, that he was only a sure¬ ty on such bond, note, &c. and not interested in the consideration thereof, that then and in that event, he shall be entitled to the con¬ trol of the judgment against his principal for the purpose of remun¬ erating himself out of his property. Suit vs. suro- 451. Sec. II. When any surety shall or may sign his name as him9 such, to any bond, note or other contract, and separate suits are assucii. brought against him and his principal, that he shall be sued as surety and as such, mesne and final process shall go against him, and on his paying off the judgment obtained against himself, he snail have con¬ trol of the execution against his principal for his reimbursement, control of ju 452. Sec. III. Where there are two or more sureties to any aujetiea^" note, bond, or other written contract, and such sureties are or may be separately? sued in separate actions, the surety paying off the debts shall have the control of the executions obtained against his co-sureties, for the purpose of collecting out of them their pro rata part of the debt; and if such surety should fail to sign his name as such, then on his making it appear to the Court in which such suit was brought, that he was only a surety, and not interested in the consideration of the debt, he shall have the control of the executions issued against his co-securities to the same extent and for the same purpose as is pro¬ vided in the foregoing part of this section, ehau^have 453. Sec. IV. If separate suits are or hereafter may be brought control in any of the Courts of this State, against the maker and endorsers ker and pri-of any promissory note, and the debt is or maybe collected of one of or indorser*. endorsers, in that event such endorser, for his reimbursement, shall have the control of the execution issued against the maker of the note, as well also as of the execution obtained against any of the prior endorsers. Sec. Y. All laws and parts of laws militating against this Act, be and the same are hereby repealed. ART. XXII. USURY. Sec. 454. Discovery of Usury, I Sec. 456. Examination of party. " 455. Proof by defendant. j Aki Act to compel parties plaintiffs in the several Courts of this State, where the plea of Usury is filed, to discover on oath, the JUDICIARY.—Sup'r and Inf'r C'ts— Usury—1842. 601 Plea of Usury—Discovery—Proceedings. truth or falsehood of the facts stated in such plea, or to allow the defendant, in case of refusal by the plaintiff, to establish the facts contained in such plea by his own oath, without a bill for discov- ery.—Assented to Dec. 28, 1842. Pam. 178. 454. Sec. I. Be it enacted, That from and after the passage ofuponpieaof this Act, that in all cases in the several Courts in this State, when and notice to the plea of nsnry shall be pleaded, the party plaintiff in such case, day" upon notice of such plea, accompanied by a copy of such plea, and ™dA which shall be served upon said plaintiff, his agent or attorney, i",[JusteIc^u within one month from the filing of such plea of the case in the di^ver en Superior or Inferior Court, and within ten days, if the case is iuu-mVof6^© any Justice's Court, or any other Court, discover on oath, by his writ-plea- ten affidavit, to be made before some officer legally authorized to administer an oath, whether the fact or facts set forth in said plea, are true as to the usury, and whether or not the contract upon which said suit is brought was usurious, and such written affidavit may be Affiant,ev- read in evidence on the trial of said case by either party.1 Lithe/ party. 455. Sec. II. If any party plaintiff shall fail or refuse to make piaintifftaii- the discovery as provided in the first section of this Act, that the ing, defends party defendant in said case may make an affidavit in writing, beforemay swear> any officer authorized to administer an oath, of the truth of the facts set forth in his plea as to the usury therein pleaded, and said affidavit of the defendant may be read on the trial by either party to said case. 456. Sec. III. The party where affidavit is used as evidence Patty swear, as provided in the first or second sections of this Act, shall he put cross-exam- upon the stand, and cross examined by the other party as other me if such failure had not taken place. And the Jury summond to at- and also tend such Court shall stand over and be considered as the Jury for urorf" the next term, and be liable to attend at such succeeding term, any law, usage or custom to the contrary notwithstanding. And all wit- witnesses nesses and Jurors going to, attending on, and returning from said fr"e from'ar- Court, shall be free from arrest on any civil process. rest- 4. Sec. III. All suits or causes, cognizable by, and which may modeof in- be commenced in the Mayor's Court of the City of Augusta, shall be suits in the by petition to the said Court; which petition shall plainly, fully, and Mayor's c>t distinctly set forth the plaintiff's charge, allegation, demand, or cause of action, and shall be signed by the plaintiff, or his, her, or their at¬ torney ; to which petition the Clerk of the Mayor's Court shall annex a process signed by him, which process shall bear teste in the name of the Mayor, as Judge of said Court, and shall be directed to the Sheriff of the City of Augusta, requiring the defendant or defendants to appear at the Court to which the same shall be made returnable, and shall be served on the defendant or defendants, at least five daysf before the return thereof, by delivering a copy to such defendant or defendants, ^ruce. or by leaving such copy at his, her, or their most notorious place or places of residence. And all process issued and returned in any other manner than as herein directed, shall be null and void. And the de¬ fendant or defendants shall appear at the Court, to which the peti- Appearand tion and process shall be returnable, and on or before the last day of 11 answer' the said Court, shall make his, her, or their defence or answer in writing, which shall plainly, fully, and distinctly set forth the cause of the defence, and be signed by the party making the same, or his, ♦Appeal allowed. Sec. 33. ♦Nine by Aet of 1837. sec. 54. 604 JUDICIARY—Cit* Courts—Augusta—1818. Institution of buit—Proceedings thereon. her or their attorney ; which said answer may contain as many sev¬ eral matters, not i iconsistent with each other, as may be deemed necessary for the defence: Providei that no person shall be permit¬ ted to deny any deed, bond, bill, single or penal, note, draft, receipt, or order, unless he, she, or they shall make affidavit of the truth of such answer at the time of filing the same. And the said petition issue. and answer shall be sufficient to carry the cause to the Jury. Aiid ^ief-°ry 110 dilat01T answer shall be received, unless affidavit be made of the Default. truth thereof. And if any defendant shall fail to appear and answer as aforesaid, the Court may, on motion, give judgment by default, but the cause shall nevertheless be tried by a Jury at the succeeding No trial at term ; and no cause cognizable in said Court shall be tried at the the first term Anyone of 5. Sec. IY. In all cases where a suit shall be instituted in the said obligorsj &c. Court on a bond, note or other written obligation, subscribed by several separately'.011 persons, and wtiich in its nature is joint, several,or joint and several, or upon any joint,or joint and several contract whatever,whether verbal or written, express or implied, and whether made by copartners in trade or any other person whatever, it shall be lawful to commence suit against any one or more of the persons who have signed such instru¬ ment of writing, or who are parties to or bound by such contract, and who shall reside within the jurisdiction of said Court, and a ser¬ vice upon any one or more of the persons against whom the action ia commenced, shall be deemed a sufficient service to enable the party plaintiff to proceed with his said suit or action, against the person or persons so served, and the Court may give judgment accordingly. Afjidairit for 6. Sec. Y. In all cases where bail shall be required, the party ' requiring bail shall make oath before the Mayor, or any member of the City Council, or before any one of the Judges of the Superior Courts, the Justices of the Inferior Courts, or Justices of the Peace, within this State, of the amount claimed by him, and that he has reason to apprehend the loss of said sum or some part thereof, if the defendant or defendants is or are not held to bail.f And the subse- and subse- quent proceedings shall conform to those prescribed in cases of bail ceedtngl! in the Superior an4 Inferior Courts, by the Judiciary Act of force in this State, due regard being had to the nature of the different tribu¬ nals. Witnesses 7. Sec. YI. The Clerk of the Mayor's Court shall be, and he is £eena& hereby authorized and required to issue subpoenas to compel the at¬ tendance of witnesses, upon the application of any party in a cause pending in said Court, which subpoena shall be directed to the person whose attendance shall be required,when such person shall reside with¬ in the limits of the corporation of Augusta, which subpoena shall express the cause arid the party at whose suit it shall be issued, and shall be served by the City Sheriff' or any other person, on said witness, at least one day before the Court to which it shall be returnable ; and the affidavit of the person serving the same, shall be sufficient evi- *As to rent cases, sec. 28. See also sec. 32 and 48, and sec. 53, re-enacting this clause. fSee sec. 39. JUDICIARY.—City Courts—Augusta—1818. 605 Interrogatories—Executions—Attachments. % . " dence of such service ; and witnesses thus subpoenaed shall be bound to attend till the cause in which he, she, or they shall be summoned, shall be tried, and on failure to attend, shall be subject to attachment, and also to an action at the suit of the party aggrieved by his, her, or their non-attendance ; and each and every witness shall be allowed fifty cents per day for each and every day he, she, or they at¬ tend, by virtue of such subpoena, to be recovered in the manner pointed out by the laws now in force, for the recovery of the amount due witnesses for their attendance on the Superior and Inferior Courts of this State. 8. Sec. YII. Where any witness resides beyond the limits of the interrogate, corporation of Augusta, it shall and may be lawful for either party, on giving at least three day's notice to the opposite party, or his, her, ™ree day8' or their attorney, accompanied with a copy of the interrogatories in¬ tended to be exhibited, to obtain a commission from the Clerk of the Court, directed to two or more persons as commissioners, to ex- Two or more ' 1 ... commis'rs. amine all and every such witness or witnesses on such interrogatories as the parties may exhibit, and such examination shall be read at the trial on motion of either party.* 9. Sec. YIII. All executions shall be issued and signed by execution the Clerk of the Mayor's Court, at any time after the signing ofjudg- immediately ment by the party or his attorney ; and shall bear teste in the nameafterjudsra,t of the Mayor as Judge of said Court, and shall be directed to the Sheriff of the City,f and may be levied upon the estate, both real and personal, of the defendant or defendants, or issue against the body of the defendant or defendants, at the option of the plaintiff, which execution shall be of full force until satisfied. And in all cas¬ es of illegality of execution or claims of property, levied upon by vir- tue of any execution issuing from the Mayor's Court, the like pro¬ ceedings shall be had thereon, as are prescribed in cases of executions issuing from the Superior and Inferior Courts of this State, by the Judiciary Act of 1799. And all sales of property levied upon, by sh'ffs' sales, virtue of any execution issuing from the Mayor's Court, shall be on the third Tuesday in each month, at the market house in the City of Days of sale. Augusta, and between the hours of ten o'-clock in the forenoon, and three o'clock in the afternoon of the day. And it shall be the duty of Advertise- the Sheriff to give at least ten days' notice in one of the public gazettes ment" of the City of Augusta, of all sales of property executed by him, and also to advertise the same at the Court house and Market house in said City, and which advertisement shall make known the names of the parties to the execution. 10. Sec. IX. From and after the passing of this Act, it shall and Attachment* may be lawful for the Mayor, or any member of the City Council of the be issued. City of Augusta, to issue attachments* returnable to the Mayor's Court in cases( within the jurisdiction of said Court) where both debtor in what cas- and creditor shall reside without the limits of the State of Georgia, ores' where the debtor alone resides without those limits, or where a debtor shall be actually removing from the City of Augusta, or so absconds or conceals himself, that the ordinary process of law cannot be served •See sec. 23. fBut see sec. 21. 606 JUDICIARY.—City Courts—Augusta—IS 18. Election, &c. Clerk—Sheriff and Deputy. upon him in the same manner, and upon the same terms, as are pre¬ scribed for the issuing attachments returnable to the Superior and Infe- How direct- rior Courts of this State ; which attachment shall be directed to the levied Sheriff of the City of Augusta, and shall be levied upon the property of the defendant, within the corporate limits of the said City, in like manner as is prescribed for the levy of attachments, returnable to the Superior and Inferior Courts of this State: Provided, that every attach¬ ment shall bear teste in the name of the Mayor or member of Council and adver- issuing the same, and shall be by the City Sheriff publicly advertised tLsed" at the door of the house in which the Mayor's Courts are holden, at least five days before the sitting of the Court; and the proceedings other pro- under attachments in the Mayor's Courts shall be the same in all ceedmgs. cases where such proceedings can be made applicable, as are pre¬ scribed by the Attachment Acts of force in this State, any law, usage, or custom to the contrary notwithstanding. Election and 11. Sec. X. It shall and may be lawful for, and it is hereby of Uie'clerk! made the duty of the City Council of Augusta, at their first regular meeting after the first day of January in each and every second year, to elect by ballot, a Clerk for the Mayor's Court, and a Sheriff for the City of Augusta, who shall take an oath, and give security as herein pointed out: that is to say, the Clerk so elected, shall take the follow¬ ing oath, before the Mayor or any member of the City Council: "I do clerk's oath, solemnly swear or affirm, that I will truly and faithfully enter and re¬ cord all the orders, decrees, judgments, and other proceedings of the Mayor's Court of the City of Augusta and all other matters and things which by law ought by me to be recorded, and that I will faithfully and impartially discharge and perform all the duties requir¬ ed of me, to the best of my understanding "—and such Clerk shall Bona. enter into bond, with one or more good and sufficient security or se¬ curities, to the Governor for the time being, in the sum of one thou¬ sand dollars conditioned for the faithful discharge of the duties re- justiceofthe quired of him ; and the said Clerk shall, by virtue of his office, be 0jtio°.C£ Justice of the Peace, so far as to administer all oaths, appertaining to the business of his office ; and it shall be the duty of said Clerk, to Hi? duty in copy into a book of record, all the proceedings in said Court, for iru°fees.°' which he shall be allowed the sum of ten cents for every hundred words of recording such proceedings, to be taxed in the bill of costs; Minutes, and the said Clerk shall also keep regular and fair minutes of all the proceedings in the said Court, which shall be signed by the Judge of the said Court: and the City Sheriff shall, in like manner, take oath ofsh'ffthe following oath : " I do solemnly swear (or affirm as the case and Deputy. may }je j qiat \ Wl\\ faithfully execute all writs, warrants, precepts and processes, directed to me as Sheriff of the City of Augusta, and true returns make, and in all things well and truly, and without mal¬ ice or partiality, perform the duties of the office of Sheriff of the City of Augusta, during my continuance in office, and take only my law¬ ful fees and an oath to the same purport shall be taken by the deputy of the said Sheriff, should he think proper to appoint one, which he is hereby authorized to do in like manner ; and the said City Sheriff shall 80*1, enter into bond with two good and sufficient securities to the Gov¬ ernor for the time being, and his successors in office, in the sum of JUDICIARY.—City Courts—Augusta—1818-'26. 607 Fees—Sale days—Consolidation of cases. ten thousand dollars, conditioned for the faithful performance of'his duty, by himself and his deputies ; and which bond the Mayor or any member of the Council is authorized to take ; and the said Clerk cierk and and Sheriff shall in every instance continue in office, until a succes- sor shall be appointed and qualified, notwithstanding the period shall have elapsed for which they shall have been elected; and the Clerk tion of tiieir and Sheriff upon going out of office, "shall turn over to their succes-to whomM sors, all papers and process of what nature or kind soever in their luraomaii possession ; and the said succeeding Sheriff shall be empowored andP^^^^j required to carry into effect any levy made by his predecessor, and of shall make titles to the purchasers for all the property sold under his predecej- execution, and not conveyed by his predecessor : and the same rem-sor' edy may be had against the said Clerk and Sheriff, as is prescribed by the Judiciary Act against Clerks and Sheriffs, in the respective Counties of this State. * 12. Sec. XI. The Clerk of the Mayor's Court, and the Sheriff of Their fees the City of Augusta, shall be authorized to charge, demand, and re- othcrnerks' eeive the same fees that the Clerks of the Superior Courts, and the andsh'gv Sheriffs of the respective Counties in this State, are- by law au¬ thorized to charge, demand, and receive for the performance of sim¬ ilar duties ; and shall have the same remedy for enforcing payment of their fees respectively as are employed by those officers respect¬ ively, any law, usage, or custom to the contrary notwithstanding.* An Act to amend an Act establishing a Mayor's Court in the City of Augusta, and also the several Laics incorporating said City. Approved Dec. 9, 1822. Vol. IV. 210. Sec. I. and II. [Superseded by subsequent Acts.] 13. Sec. III. The sale day of the Sheriff of said City shall be day of on the first Tuesday in the month; and in all cases of levy on real Sh'ffs' S!lle3> estate or negroes, the time of advertising and all other proceedings shall be the same as is required by law of the County Sheriffs in similar cases. 14. Sec. IV. The said Mayor's Court shall not maintain jurisdic- cemin tion of more than one case at the same term between the same par- be consou-y ties, when such causes can be legally joined in one action, althoughdatelL the same may be on different contracts ; but the same shall on mo¬ tion be consolidated, and the defendant shall not be bound to pay any more cost than would have accrued on one action ; and when costs, on such consolidation the amount demanded shall exceed the juris¬ diction of said Court, as hereinbefore expressed, the plaintiff shall be non suit. An Act jor the better organization of the Mayor's Court oj the City of Augusta, and for changing the name of the same.—Passed in 1826. Vol. IV. 218. 15. From and after the passing of this Act, the Court now known •But see sec. 19. 608 JUDICIARY.—City Courts—Augusta—1828. Judge—Jurisdiction—Fees of Officers. style as the Mayor's Court of the City of Augusta, shall be called the changed. 0om-t 0f Common Pleas for ihe City of Augusta, judge elect 16. Sec. II. The Judge of the said Court shall be elected by the ktureLcsis Legislature immediately after the passing of this Act, and shall hold his office for the term of three years, unless removed therefrom by the Governor, on the address of two-thirds of both houses of the General Assembly. Sec. HI. All laws and parts of laws militating against this Act, are hereby repealed. An Act to regulate the jurisdiction of the Court of Common Pleas for the City of Augusta, thefees of the Attorneys, Clerk and Sheriff thereof, and for diminishing the number of its terms from twelve to four during the year; and for other purposes.—Approved Dec. 19, 1828. Vol, IV. 224. Jurisdiction 17. From and after the passage of this Act, the Court of Com- orme court. mon p}eas for Augusta shall have jurisdiction over any suit or action ex contractu, wherein the principal debt amounts to the sum of two hundred and fitty dollars, exclusive ol interest; and in any suit or action ex delicto, wherein the damages claimed do not exceed the sum of two hundred and fifty dollars, but not in any suit or action over which Justices of the Peace have hitherto had jurisdiction.* Sec. II. [Fixing the Court terms—superseded.] Attorneys' 18. Sec. III. The attorneys practising in said Court shall receive tax fees. as a tax-fee on all suits brought before said Court, and perfected to judgment, the sum of three dollars; and on all suits brought and settled before judgment, the sum of two dollars. 19. The Clerk and Sheriff" of the Court aforesaid shall have and sn'ffs' fees. receive but two-thirds of the fees heretofore allowed to each respec¬ tively by law, and the practice of said Court, to be charged as costs against the suiters in said Court, cierk to ^0. ^ec. L be the duty of the Clerk of said Court, collect oie upon the institution of any suit to collect and receive from the judges ee. p^^^ pie pee wj1jc|1 js a]qowed by law to the Judge of said Court and required to be advanced at the institution of said suit, f The lien of 21. Sec. V. All judgments obtained in said Court, shall have a j^gments pen on all property belonging to defendant throughout the State, Executions. and all executions shall be directed to the City Sheriff", and all and singular the Sheriff's of the State of Georgia, and may be levied on property throughout the said State : Provided, that the City Sher¬ iff shall levy all executions on property within the limits of the cor¬ poration. The manner 22. Sec. VI. The Sheriff and Clerk of said Court shall be liable cieriV"and1610 be sued in said Court, in the same names [manner] in which other Ka'id'court P^Les are made defendants ; and when the Clerk of said Court shall prescribed, be defendant in any suit or action, it shall be the duty of said •But see sees. 24 and 46. tSoe sees. 42 and 52. JUDICIARY.—City Courts—Augusta—1828-'29. 609 Court of Common Pleas—Habeas Corpus—Attachments. Clerk to copy the petition upon which the said suit is founded, and annex a process thereto, which shall be signed by the Judge of said Court, and shall be served in the same manner as in other cases; and it shall be the duty of the Clerk aforesaid to make out final process in any case in which he may be interested, which shall be signed by the Judge of said Court, and executed as in all other cases; and when the Sheriff of the Court aforesaid shall be defendant in any suit brought before the Court aforesaid, it shall and may be lawful for the Marshal of the City, or any one of the City Constables, to effect service on said City Sheriff, and such service shall be deemed good and valid; and it shall moreover be lawful for the Marshal, or any City Constable, to execute all processes against the Sheriff, and the proceedings thereon shall be the same as in other Courts. 23. Sec. VII. All laws regulating attachments* in relation to Attachm'ts; evidence and the taking of depositions by interrogatories, in force Depositions, in the Superior Courts of this State, shall be of force in the City Court. Sec. VIII. All laws or parts of laws repugnant to the provisions of this Act, are hereby repealed. An Act to amend the several Acts respecting the Court of Common Pleas of the City of Augusta.—Approved Dec. 21, 1829. Vol. IV. 226. 24. From and after the passage of this Act the Court of Com- Jurisdiction men Pleas for the City of Augusta, shall have jurisdiction in all of common" civil cases (except such as involve title to real estate, or that may city of°Au- fall within a Magistrate's jurisdiction,) where the sum claimed, or f)lrfbaej)re" the demands of the plaintiff shall not exceed the sum of three hun¬ dred dollars, exclusive of interest.! 25. Sec. II. The Judge of the said Court of Common Pleas concurrent shall, in the absence of the Judge of the Superior, have concurrent with InCr jurisdiction with the Justices of the Inferior Court, in all matters of habeas corpus, and shall also have full power and authority to is¬ sue warrants upon criminal charges, to examine persons apprehend- in criminal ed under said warrants, and to commit, discharge, or admit to bailCd3es* in the same manner that a Justice of the Peace may now do : Pro¬ vided, that the offence charged, and upon which the said Judge may Proviso, issue his warrant, hath been committed, or that the same is alleged to have been committed in the said City of Augusta. 26. Sec. III. The Judge of said Court of Common Pleas, orissue°f any member of the City Council, shall have full power and author- attachra ity to issue attachments, which shall be returnable to the said Court, and within the jurisdictional amount of the same in all those cases where a Judge or other officer may now, according to law, issue at¬ tachments.! ♦See sec. 26. As to garnishments, see title " Attachment and Garnishment," sec. 27. See also, sec. 55, of this title. tSee sec. 46, extending it to $500. JSee sec 23, and note thereto. See also, sec. 54. 76 610 JUDICIARY.—City Courts—Augusta—1829-'31. O Stay of Executions, &c. ivhen judge 27. Sec. IY. Iii all cases brought in the said Court, where the it unvested. jujge thereof shall be a party or interested therein, it shall be the duty of a Justice of the Inferior Court of Richmond County to pro- side at the trial of the same. bent cases. 28. Sec. V. All actions commenced in said Court for the recov¬ ery of rent, or arrear, shall be tried at the first term, unless good cause be shown for a continuance ; and judgment shall be given upon Hd-favs. all writs of scire facias against bail at the term of said Court to which *aU- they may be returnable, unless sufficient cause be shown for a con¬ tinuance. where more Sec. VI. In all cases where a suit shall be instituted in the ^fendanu Said Court, on any open account, bond, note or other obligation in a«d one' writing, against two or more persons, and any of the defendants in of Augusta, said suit shall reside out of the City of Augusta, the Clerk of said proeeaa court shall make out an original petition and process, and a copy or •ai-ved. copies thereof for each County in which the defendant or defendants may reside ; and it shall be the duty of the plaintiff, or his attorney, to deliver the said original and copy to the Sheriff of the County in which the defendant or defendants may reside, whose duty it shall be to serve the same and to make due return thereof to the said Court, and the plaintiff shall then proceed as in other cases : Provi- ded, that at least one of the defendants reside in said City, and be served with process. Sec. YII. [Superseded.] stayof 30. Sec. YIII. Any party against whom a judgment may be en- •Mcutaon. tered, may stay the levy of execution for the space of sixty days, on payment of all costs, and giving good and sufficient security within four days after judgment for the payment of the debt so recovered, and all future costs which may accrue.therein ; and if such party shall fail to pay the same agreeably thereto, execution may issue against such party and the security, without any other proceeding thereon. Sec. IX. Any law or parts of laws militating against the provis¬ ions of this Act are hereby repealed. Broviso. An Act to amend an Act entitled an Act to amend the several Acts respecting the Court of Common Pleas of the City of Augusta.— Approved Dec. 21, 1830. Pam. 53. Defendant 31. All suits instituted in the Court of Common Pleas, of the Augtiilr in ^'ity of Augusta, shall in future be confined to party defendants, who reside at the time of commencing suit within the corporate limits of the City of Augusta. Sec. II. Any law, or parts of laws militating against this Act, are hereby repealed. An Act to amend the several Ads regulating the Courts of Common Pleas for the City of Augusta.—Approved Dec. 26, 1831. Pam. 93. JUDICIARY.—City C ourts—Augusta—1831. 611 Judgment by default—Appeal—Special Jury. 32. From and after the passing of this Act, in all cases brought Judgment, in said Court, wherein no plea shall be filed, the Court shall award default" judgment upon proof of the plaintiff's demand.* 33. From and after the passing of this Act, in case either party Appeals, shall be dissatisfied with any verdict rendered in any cause in said Court, an appeal shall be allowed to such party, upon compliance with the law now of force, regulating appeals ; but the said appeal shall not be transmitted to the Superior Court as heretofore, but shall be tried as is hereinafter directed. 34. Immediately after the passing of this Act, and every second special term thereafter, it shall be the duty of the Judges of said Court,Jurota' With the aid of the Clerk and Sheriff of said Court, to select from the list of tax returns made to the City Council of Augusta, fit and prop¬ er persons to serve as special Jurors in said Court, who shall reside in said City, and it shall be the duty of the Clerk of said Court, to make out tickets with the names of the persons so selected, which How draws, tickets shall be put in a box to be provided by the Clerk, which box shall have two apartments, marked number one and two, and the Clerk shall immediately after receiving such list fairly enter the same in a book to be provided by him for that purpose, which said box shall be locked and sealed up by the Judge and placed in the care of the Clerk, and the key in the care of the Sheriff, and no Jury shall be drawn and impanneled, but in presence of the Judge in open Court, and it shall be the duty of the Judge in open Court at each time, to unlock and break the seal, and cause to be drawn out of ■the apartment of the said box marked number one, twenty-three names to serve as special Jurors at the next term of said Court, which names so drawn out, shall after an account is taken of them at each time of drawing, be deposited in the other apartment of such box marked number two; and when all the names shall be drawn out of th^ apartment number one as aforesaid, they shall commence drawipg from number two, and placing in number one, and so on altern¬ ately. 35. The twenty-three persons whose -names shall be drawn- as summoned^ aforesaid, shall be summoned in the same manner as Petia. Jurors now are in said Court, and incase of failure of any of them to at¬ tend, each of them so failing shall be fined in a sum not exceeding twenty dollars. 36. When any appeal cause in said Court, shall be ©ailed for tri- and stra©&.. al, it shall be the duty of the Clerk to furnish list of special Jurors in attendance, mid a Jury of twelve shall be struck in the same way and manner as is now required by law in the Superior Courts; and in case a sufficient number of special Jurors should not attend, the Court shall have power to attach and bring in those who are in de¬ fault, or to summon tales Jurors, or both. And on special Jury trials, in said Court, the Jury shall have the same powerto assess damages, Damages., as special Juries have in the Superior Court, and shall be sworn: " well and truly to try the causes submitted to them, and true ver¬ dicts to give, according to law and evidence," •See sec, 43. But see sec. 53. 612 JUDICIARY.—City Courts—Augusta—1831-'32. Appeal Costs—Bail—Insolvent Debtors. insolvents. 37. When any application shall he made to said Court, by any in¬ solvent debtor or debtors, for the benefit of the Act for the relief of issue of honest debtors, and a suggestion of fraud or concealment, or both, fraud or not. pe maqe p,y the creditor or creditors of said debtor or debtors, the said suggestion shall be tried before the special Jury. Appeaicosts. 38. In all appeal causes in said Court, the same costs shall be tax¬ ed as are taxed in the Superior Court in such cases ; and all the ex¬ penses of furnishing record books, dockets, fire wood for Clerk's of¬ fice, and stationary for the use of said Court, shall be paid out of the jury fines, money that may be collected for Jury fines, and the balance remain¬ ing at each term after paying said expenses, shall be paid to the City Council of Augusta. Ban,affidavit 39. Whenever bail shall be required in any case about to be in- quent pro- stituted in said Court, it shall be lawful and sufficient to serve the de- cecdmS3' fendant with a process and copy of the affidavit, as in cases of bail pending the action, and at the term to which the said process is re¬ turnable, the plaintiff shall file his declaration, and the subsequent proceedings shall be as in other cases ; and whenever such process, with a copy of the affidavit annexed, and a copy or copies of such process and affidavit, shall be placed in the hands of the Sheriff of said Court, it shall be the duty of said Sheriff to arrest the defendant or defendants, to serve him, her or them with a copy or copies of said process and affidavit, and to deal with him, her, or them, as is now required by the laws of force in this State, regulating cases where bail is required. cicrk may 40. In the absence of the Judge of said Court by indisposition or adjourn" otherwise, it shall be the duty of the Clerk or Sheriff of said Court to open and adjourn the same from day to day, as circumstances may require. All laws and parts of laws militating against this Act are hereby repealed. An Act to give jurisdiction to the Court of Common Pleas of Augus¬ ta, of certain cases of insolvent debtors, and to alter sessions of said Court -—Approved Dec. 24, 1832. JPam. 115. Concurrcnti 41. The Judge of the Court of Common Pleas of the City of Au- wShSup?orjgusta, shall have concurrent jurisdiction, with the Judges of the Su- incertain" perior Courts and Justices of the Inferior Court, in all cases where any clses!6"' debtor shall be arrested and committed to jail in Richmond County, under mesne process, or under execution from any of the Courts of this State; and when any application shall be made by any such debtor to the Judge of the Court of Common Pleas, for the benefit of the insolvent laws, the same proceedings shall be had in said Court of Common Pleas, as is now required by law, when such application is made to the Judges of the Superior Courts or Justices of the Infe¬ rior Court. Court term?. II. [Court Terms, superseded.] All laws and parts of laws militating against this Act, be and the same are hereby repealed. JUDICIARY.—City Courts—Augusta—- 613 Court Pees—City Council. An Act to amend the several Acts in relation to the Court of Common Pleas of Augusta.—Approved Dec. 22, 1834. Pam. 92. 42. From and after the passing of this Act the following fees shallCourt fees* be collected by the Clerk of said Court, of the persons and in the manner that may be pointed out by rule or order of said Court, and shall be taxed in the bill of costs in the cases in which they are paid, viz: On all suits brought in said Court where plaintiff's demand shall not exceed one hundred dollars, the sum of two dollars shall be taxed ; on all suits where the plaintiff's demand shall exceed one hun¬ dred and not exceed two hundred dollars, the sum of three dollars shall be taxed ; and on all suits where the plaintiff's demand shall exceed two hundred dollars, the sum of four dollars shall be taxed and on each claim case, on each traverse of an answer to a summons in garnishment, on each appeal cause and on* each suggestion of fraud, (where any debtor shall apply for the benefit of the insolvent laws,) the sum of three dollars shall be taxed ; which fees shall be paid by the Clerk to the Judge of said Court,f (as the compensation of the For the Judge for the discharge of the duties of his office,) at such time or penfationT" times as. said Court may, by rule or order direct; and on failure to pay the same, the Clerk may be attached as for a contempt, and the same may be recovered in an action upon the bond given by the Clerk against him and his securities. 43. Sec. II. Said Court shall have jurisdiction in all cases in Gamishm't, garnishment, as well when the debt of the garnishee to the defendant shall exceed, as when it shall fall short of the sum of three hundred dollars. J 44. Sec. III. All laws of force in the Superior Courts of this nc bene State, in relation to the taking of evidence by interrogatories under 'i"ctif'cea commission or de bene esse, and in relation to subpoenas duces £ecum>, shall be of force in the Court of Common Pleas of Augusta.^ An Act to amend the Act incorporating the City of Augusta, and the several Acts amendatory thereof.—Approved Dec. 24, 1835. Pam. 30. 45. Sec. IV. From and after the passing of this Act, when any city couneii person shall be summoned and shall appear before the City Council ov^offoU- to answer for a violation of the City ordinances, and upon an inves- 1^,° £ ®urU ligation of the charge, it shall appear to the City Council that such individual has committed an offence punishable by the laws of this State, it shall be the duty of the City Council to bind over him or her, with good and sufficient security, to appear at the next term of the Superior Court of Richmond County, to answer for such offence, and in case such offender shall refuse or be unable to give security, the City Council may commit him or her to jail or discharge him or •But see sec. 59. • +But see sec- 52. ISee " Attachment and Garnishment." sec. 27. See also sec. 55 of this title. 614 JUDICIARY.—City Courts—Augusta—1836. Distress—Mortgages—Salary of Judge. her on his or her own recognizance, at the discretion of the said City Council. Vacancy SEc. V. When any vacancy shall hereafter happen in the office of the Clerk* or Sheriff of the Court of Common Pleas of Augusta, by death, resignation, or otherwise, the City Council shall proceed to fill such vacancy as soon as practicable ; and until the same is filled, Marsh a! may the Marshal of the City shall be competent and it shall be his duty to h£vkc. serve any process issued from or returnable to said Court, directed to the Sheriff of said City. An Act to amend the several Acts in relation to the City of Augusta, and the Court of Common Pleas of said City.—Approved Dec. 30,1836% Pam. 116. [The first and second^ sections relate to the City Council of Au¬ gusta.] *xris«iidtion 46. Sec. III. From and after the first day of January next, the oc me court. Qourt 0f (jommon Pleas of said City, shall have jurisdiction of all cases where the defendants reside in said City, in which the debt, (exclusive of interest,)or damages claimed, shall be above the juris¬ diction of a Justice's Court, and shall not exceed the sum of five hundred dollars; and of all claim causes, where personal property is levied on under executions from said Court. May issue 47. Sec. IV. The Judge of said Court, or the Mayor, or distress, any member of the Council of said City, shall be authorized to is¬ sue warrants directed to the Sheriff of said City, authorizing him to distrain for rent in arrear: Provided, the sum claimed be within the jurisdiction of said Court, and all subsequent proceedings shall be the same in said Court, as if the said warrants had been issued by a Judge of the Superior or Justices of the Inferior Court, court terms. 48. Sec. Y. The sessions of said Court shall, after the first of January next, be quarterly; namely, on the second Monday ol Feb¬ ruary, May, August, and November, in each year, and that in all judgment by cases where the defendants shall fail to plead, judgment may be en- defauit. tered by the Court at the first term upon proof of the plaintiff's claim or demand, but the defendant shall be allowed an appeal from such judgment within the time, and in the manner now prescribed by law.f Foreclosure 49. Sec. YI. All mortgages upon personal property, for an of mortgages amount within the jurisdiction of said Court, may be foreclosed in the said Court, in the same way and manner as in* the Superior or Inferior Court, and all subsequent proceedings thereon, shall be in said Court, and such as are prescribed by the law now of force. atcriflPsfces 50. Sec. VII. In all cases of the return of any distress warrant foreclosure01 or mortgage execution, to said Court, for further proceedings, the same fee shall be paid by the plaintiff, as in other cases of like amount. *But see Act of 1840, sec. 57. tRepealed, as to terms of Court, Act of 1842, sec, 58. As to judgment at first term, sec. 53. JUDICIARY.—City Courts—Augusta—1837. 615 Judgment—Garnishment. 51. Sec. VIII. All suits in said Court shall be commenced at commence, least ten days before the time to which they are returnable, and and service the process shall be served on the defendants at least eight* daysof proce8S* before the session of said Court. 52. Sec. IX. From and after the first day of January next, the judged said City Council shall pay to the Judge of the Court of Com-salary" mon Pleas, a salary, annually of one thousand dollars, in payments of two hundred and fifty dollars each, immediately after each of the sessions of the said Court, limited and appointed in this Act, and that the Clerk of said Court shall pay over to the said City Council im¬ mediately after each session, all fees which the Judge of said Court is now allowed by law. [The three remaining sections relate to the City Council.] An Act to alter and amend the several Acts, in relation to the City of Augusta, and the Court of Common Pleas in said City.—Assent¬ ed to Dec. 22, 1837. Pam. 58. 53. Sec. I. Beit enacted. That from and after the passage ofxojadgjft tlus Act, so much of the Act passed on the 30th of December, 1836,dt firsttenm as authorized judgment to be rendered at the first term of said Court, incases in which no plea is filed, be, arid the same is hereby repealed. 54. Sec. II. In all cases hereafter brought in said Court, the process process shall be served on the defendant, at least nine days before days bef©» the term to which the cases are returnable, and that all attachments Attachmeiits issued, returnable to said Court, shall be issued, levied and the pro- sametime. ceedings advertised, the same length of time before the session of said Court, to which they may be returnable. 55. Sec. III. All laws now in force, regulating the issuing, ser- Gamishm'u vice, return and subsequent proceedings, on summons of garnish¬ ments, in the Superior and Inferior Courts, shall be of force in said Court, and that all summons of garnishment issued under process in, or from said Court, served out of the City of Augusta, shall be served at least twenty days before the session of the Superior or Inferior Court of said County where the garnishee resides, and to either of which Courts it shall be lawful to make the summons returnable. An Act to amend the Rent Laws of this State, so far as relates to the City of Augusta ; to confirm the purchase of the Bridges across the Savannah River, at Augusta, by the City Council of Augusta, and to legalize the scrip issued in payment for the same ; to confirm to the said City Council certain privileges relative to said Bridges; further to define the qualifications and disabilities of members of said City Council; to change the times of holding the summer and fall sessions of the Court of Common Pleas of the City of Augusta; to authorize the Clerk of the City Council of Augusta, in certain cases, to act as Clerk of the said Court of Common Pleas; and to exempt the Mayor *But see sec. 54. 616 JUDICIARY—City Courts— Augusta—1840-42. Officers—Vacancy of Clt rk—Sessions of Court—Court ices. and members of the City Council of Augusta,, and the members of the Augusta Independent, Fire Company, from the performance of certain- duties therein specified ; and, for other pmrposcs in said Act contained. Assented, to 23d Dec. 1840. Pam. 163. Member of 56. Sec. VI. And be it further enacted, That no member of the not'be officer City Council of Augusta shall hold any office, appointment or con- the court. tract under said City Council, (whereby he may derive any profit or emolument from said City Council,) or the office of Judge, Clerk or Sheriff of the Court of Common Pleas; nor shall any person hold¬ ing or interested in any such office, appointment or contract, be eli¬ gible as a member of the City Council, after the first Monday in April next. Sec. VII. [Changing time of holding Courts; repealed by Act of 1841, as to fall term, and finally and fully repealed by Act of 1842] Vacancy of 57. Sec. VIII. In case of a vacancy occurring in the office of Cleik C1'k* of the Court of Common Pleas of said City, the Clerk of the Ciiy Council shall sign and issue any process, as Clerk of said Court, un¬ til such vacancy is filled in the manner prescribed by law. [The remaining sections of this Act local.] An Act to amend an Act, fyc. and to amend the several laws regulat¬ ing the Court of Common Pleas, in the City of Augusta, and io change the time of holding the Court of Comm.on Pleas of the City of Augusta.—Assented to 27th Dec. 1842. Pam. 68. Sec. I. [Relative to City Court Savannah.] sessions of 58. Sec. II. The session of the Court of Common Pleas of the Augusta.11 ofCity of Augusta, shall hereafter be held on the fourth Mondays of February, May, August and November in each year, instead of the times now fixed by law. coim fees 59. Sec. III. The tax or Court fee in cases hereafter brought in under $100, saj(j Qourt 0f Common Pleas of Augusta, shall be after the follow¬ ing rate, namely: in all cases when the sum claimed does not ex¬ ceed one hundred dollars, one dollar ; when the sum claimed exceeds under $200, one hundred dollars, and does not exceed two hundred dollars, two under $350, dollars; when the sufn exceeds two hundred dollars, and does not $350 excee(l three hundred and fifty dollars, three dollars ; when the sum . ' exceeds three hundred and fifty dollars, four dollars ; which tax or advance, fee shall be paid to the Clerk of said Court, before he shall be bound to issue any process. Sec. IV. All laws and parts of laws militating against this Act, shall be, and the same are hereby repealed. JUDICIARY.—City Courts—Sav. Com. Pleas—1819. 617 Analysis—Style—Jurisdiction. ART. II. COURT OF COMMON PLEAS AND OYER AND TERMINER EOR . THE CITY OE SAVANNAH* Sec. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Style; jurisdiction. Jury trial. B ooks and papers., Proceedings in suits. Answer and judgment. Bail. Testimony. Set-off, arbitration, &c. Confession of judgment. Sheriffs sales. Entering judgment. Clerk and Sheriff. Recorder, prosecuting. Record and minutes. Duty of officers. Jurymen. Drawing Jurors. Officers' oaths. Judge's oath. Attorney's fees. , Certiorari. Records Mayor's Court. Terms of Court. Constables' duty. Stay of execution. Special Courts ; seamen. Summary notice; certiorari. Speedy trial. Imprisonment. Arrest. Act of 1776 ; Mayor's power. Trial of seamen. , Clerk and Sheriff; attendance. ^Sec. 34. Juries ; special Courts. 35. Judge's salary. 36. Jurisdiction. 37. Mortgages. 38. Commencement of action; 39. Attachments. 40. Proceedings thereon. 41. Bail. 42. Declaration thereon. 43. do in Attachment. 44. Garnishment. 45. Officers—parties. 46. Adjournment. 47. Testimony de bene esse. 48. J.udgment and execution. 49. Judge's salary. 50. Special sessions—seamen. 51. Cases under $30. 52. Jurisdiction extended. 53. Sessions. 54. Commencement of suit. 55. Jury trial. 56. Clerk's and Sheriff's fees. 57. Attorney's fees. 58. Trial first term. 59. Appeals. 60. Special Jury. 61. Sheriff's fees—civil cases. 62. Criminal Cases. 63. Deputy. 64. Special Courts. 65. Trial thereof. 66. Proceedings therein. An Act for the organization oj a Court of Common Pleas, and of Oyer and Terminer, for the City oj Savannah, and for repeal¬ ing the Civil Jurisdiction given by the Laws of this State to the Mayor and Aldermen, or to the Mayor of said City.—Approved Dec. 18,1819. Vol. III. 387. 1. Sec. I. There shall be organized in the City of Savannah, on style of the the last Monday in October next, a Court of record to be styled the °ur' Court of Common Pleas and Oyer and Terminer for the City of Sa¬ vannah, which said Court shall have cognizance of civil cases, in civiijuris- assumpsit, debt, covenant, trover, and of actions on the case when po'to^lo™ the damages or cause of action shall not exceed the sum of two hun¬ dred,! nor shall be less than thirty dollars, and the said CourJ shall have criminal jurisdiction of all minor offences committed within the criminal ^ limits of the City of Savannah, and which do not subject offendersjunsdlctlcn* to confinement in the Penitentiary. 2. Sec. II. Tho Judge of said Court shall be elected by the Le- Election of gislature immediately after the passing of this Act, and shall holdJudge' * Acts authorizing discoveries at Common Law, extended to this Court. See Art. II. " Jurisdiction Superior and Inferior Courts," sec. 59. fExtended to $300. See Act of 1841, sec. 52. 78 618 JUDICIARY.—City Courts—Sav. Com. Picas—IS 10. Proceedings—Testimony. his office for the term of three years, unless removed therefrom by the .Governor, on the address of two-thirds of bt>th houses of the General Assembly for that purpose, and the said Judge shall have power and authority to hear and determine all civil causes of which the said Court has jurisdiction, and to give judgment and award Hew a Jury execution thereon: Provided always, that either party in any tn^! may be cause sha|i be entitled to a trial by Jury upon entering a demand therefor in writing on the docket of the said Court before the opening of the Court on the first day of the term to which the said cause is returnable, [and upon giving security for the payment of the eventual condemnation money and costs, as upon the entry of ap¬ peals under the Judicial Statute of this State.]* ^EC' r^^ie sa^ Court is empowered to compel the pro¬ ton of books duction of books, papers and writings, in the possession of any party and writings ... j r-i h ^ • -j . • , , / to a suit in said Court, containing evidence pertinent to the cause in question, conformably to the Vlth section of the Judicial Statute of this'State. j^wifts"188 ®EC* ^ r^^ie process in suits in said Court shall be conformable to the Vlllth section of the Judicial Statute of this State, excepting that the process to all suits in said Court, shall be annexed by the Clerk of the Court, and served by the Sheriff of the E®tll]™sday same, tenf days before the return thereof; and for conducting pro- before eoim ceedings in said Court, the provisions contained in the IXth section of the Judicial Statute shall be in force to carry to trial any suit in said Court, according to the mode prescribed in the second section of this Act. Answer. 5. Sec. Y. When any defendant shall have been served with pro¬ cess, he shall file his answer in writing in the terms of the Judicial Stat¬ ute, on or before the opening of the Court at the term to which defao?t'd by this Act, shall respectively take the oath required by the Judicial Statute of this State, to be taken by the Clerks of the Superior and Inferior Courts, and by the Sheriffs of the Counties, excepting that in the Clerk's oath, the following words shall be substituted, (after the words "and other proceedings,")—"of the Court of Common Pleas and of Oyer and Terminer for the City of Savannah," and in the Sheriffs oath the same style of the Court shall be inserted after tbfi words " as Sheriff," and the said oaths the Judge of the said Court or the Mayor of the City of Savannah, is hereby empoweredto administer. Sec. XIX. [Repealed.] JUDICIARY.—City Courts—Sav. Com. Pleas—1819. 621 Judge's Salary—Attorney's Fees—Certiorari—Itecords. 19. Sec. fXX, The salary to be allowed the Judge of the said J^e's Court shall be thirteen hundred* dollars, to be paid quarterly by the Treasurer of the City of Savannah, out of the funds of the corpora¬ tion of said City ; and the said Judge before he enters upon the du¬ ties of his office, shall take the following oath or affirmation, either before the Governor or before commissioners by him for that purpose appointed, to wit: " I do solemnly swear, or affirm, that I will ad- His°ath- minister justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform the duties incumbent upon me as Judge of the Court of Common Pleas and of Oyer and Terminer for the City of Savannah, according to the best of my abilities and understanding, and agreea¬ bly to the constitution of this State and the constitution of the Uni¬ ted States—so help me God." 20. Sec. XXI. The attorney's fee in each cause brought in said attorney's * ° tax tee • Court, shall be one halff of the fee by law allowed upon cases com¬ menced and tried in the Superior Courts, and upon all cases brbughtCi£y tax fes- in the said Court, there shall be assessed the sum of three dollars, to be paid upon the institution of the same, to the Clerk of the Court, who shall make quarterly returns of the fees so received by him, and pay over the amount to the Treasurer of the City of Savannah, under the penalty of five hundred dollars, to be enforced by attachment against the Clerk as for a contempt. 21. Sec. XXII. When either party, to a cause in said CourtCersiorarL shall take exceptions to any proceedings in a suit affecting the real merits of the same, it shall be the duty of the said Judge, to cause to be made and filed of record in said Court, a just and true state¬ ment of the facts relating thereto, and of all legal points arising there¬ in, and the said party, after a full compliance with the law of the State, regulating the granting of certiorari, may apply to the Judge of the Eastern district for a writ of certiorari, who shall issue the same if he shall deem the exceptions taken to be sufficient. 22. Sec. XXIII. All suits and other processes which have been Jhis CouJrt. l jf) proceed in instituted or ordered in the Mayor's Court of Savannah, and which caii.ses shall remain undecided, and unexecuted on the last Monday in Oc-inated Tn tlie tober next, shall be transferred to the Court created by this Act; and Mayor's c'fc it shall be the duty of the Court to proceed to Ihe determination and trial of all such suits, conformably to the provisions of this Act; and the rocords of the said Mayor's Court are hereby declared to be a ^Mayoes part of the records of the Court created by this Act; and the Clerk Court- of this Court shall, upon motion first made to the Court for that purpose, issue execution upon all judgments which have been or may be obtained in the said Mayor's Court. An Act to repeal the nineteenth, section of an Act, entitled " an Act for the organization of a Court of Common Pleas and Oyer and Terminer for the City of Savannah ; and for repealing the civil jurisdiction given by the laws oj this State to the Mayor and Al- * Reduced first to $1000, sec. 35, and now to $600, sec. 49. flncreased fifty cents, sec. 59. 622 JUDICIARY.—City Courts— Sav. Com. Pleas—1821-'22. Terms—Constables—Stay of Execution. der men, or to the. Mayor of said City;" to prescribe the term at' which the said Court shall hereafter be held; and to compel the attendance at said terms of the Constables drawn by the Mayor and Aldermen of said City.—Approved Nov. 30, 1821. Vol. IV. 205. Tiwisnhwc. 23. Sec. I. The nineteenth section of the said Act for the or- ganization of a Court of Common Pleas and of Oyer and Terminer for the City of Savannah, be, and the same is hereby repealed ; and that there shall be hereafter the following terms of the said Court in T«rms of each year, to wit: on the third Monday in October, on the second cw"ofthc Monday in December, on the fourth Monday in January, on the sec- &»Uin nfT' ont^ Monday in March, on the fourth Monday in April, on the second ' Monday in June, on the second Monday in July* and that all suits, writs, and processes which have been instituted heretofore, and made returnable to the terms of the Ciurt as they have been heretofore held, and which after the passing of this Act shall remain undecided and unexecuted, shall be acted upon at the terms of the said Court hereafter to be held according to the provisions of this Act. PisoMMcho- 24. Sec. II. Such persons as have been, or may hereafter be sidles * drawn or chosen by the Mayor and Aldermen of the City of Savan- wwadtke uah as Constables for said City, shall be compelled to attend the c«ut°f3aul terms of said Court, to execute the orders and processes of said Court; and on failure of such attendance, after having been required to do. so by the Sheriff of the said Court,. that the Judge of said Court is hereby authorized and empowered to proceed against any defaulter by an attachment for contempt. An Act to authorize the Stay of Executions to be issued on Judgments obtained in the Court of Common Pleas and Oyer and Terminer for the City of Savannah, by Defendants, on entering Security and Payment of Costs, for sixty days.—Approved Dec. 19, 1822. Vol. IV. 210. atayofcxo- 25. From and after the passing of this Act, it shall and may be lawful for defendant or defendants, against whom judgments may be ^con>r"n obtained and entered ill the Court of Common Pleas, and Oyer and o»»r and Terminer for the City of Savannah, upon the payment of the costs Terminer of said judgments, and entering into good and sufficient security be- . ag ^ caSes, and it shall also be the duty of the Clerk aforesaid, (if required,) to make out final process in any case in which he may be interested, as in other cases, which shall be signed by the Judge Row serad^ aforesaid, and executed as in other cases ; and when the Sheriff of £ a pany! the Court aforesaid, shall be plaintiff or defendant, in any suit brought before the Court aforesaid, it shall and may be lawful for the Mar¬ shal of the City of Savannah, or any one of the City Constables, to execute all lawful process for or against said Sheriff, and all such and how process shall be directed to the Marshal of the City of Savannah, directed. aq an(j singular the Constables of said City, and the proceed¬ ings thereon shall be as in other cases. Absence of 46. sec. XI. In the absence of the Judge of the said Court by ^Sur'nCcdurt indisposition or otherwise, it shall be the duty of the Clerk, or Sher- sheriffk and iff °f the same, to open and adjourn said Court, to such day as the Judge may, in writing, direct. testimony 47. sec. XII. The Judge of the said Court, shall have power dc bene esse. ^ ta^e tes^mony de bene esse, in all cases pending in the same, ac¬ cording to the laws of the State of Georgia in force, due regard be¬ ing had to the nature of the different tribunals, i.ien of 48. sec. XIII. Alb judgments obtained in said Court shall be a judgments. on aq property belonging to the defendant throughout the State, Execution. anc[ all executions shall be directed to the Sheriff of the Court of Common Pleas and Oyer and Terminer for the City of Savannah, and all and singular the Sheriffs of the State of Georgia, and may be Proviso. levied on all property throughout the said State : Provided, that the Sheriff of said Court shall levy all executions on property within the limits of the said City, salary, $600. 49, gECt XIV. From and after the expiration of the present term of office of the Judge of said Court, the salary thereof shall be fixed at the sum of six hundred dollars per annum. sec. xv. All laws or parts of laws militating against this Act be and the same are hereby repealed. An Act to amend an Act entitled an Act to authorize the Judge of the Court of Common Pleas and Oyer and Terminer for the City of Savannah, to hold special or extraordinary Courts for the summary trial of causes therein enumerated, and to empower the Mayor of the City of Savannah also, to hold such special or extraordinary Courts, and to regulate seamen and mariners, and to prerent them from being harbored or running in debt.—Assented to Dec. 23, 1837. Pam. 77 * Whereas, no provision is made in the above-recited Act, for cases *Scc also, Act of 1817, see. Of. JUDICIARY.—City Courts—Com. Pleas—1837-'41. 629 Special Courts—Jurisdiction—Terms. in which ship-masters, super-cargoes, owners or consignees of ves¬ sels, or articled seamen may be plaintiffs, or may prosecute for as¬ sault, or assault and battery, or trespass to the person; and also in cases of dispute or difference touching contracts, agreements, sale, promise or debt, where the sum does not exceed thirty dollars. 50. Sec. I. Be it enacted, That from and after the passage of special this Act, it shall and may be lawful for the Judge of the Court of tain objects. Common Pleas and Oyer and Terminer for the City of Savannah, and also for the Mayor of the City of Savannah, upon the petition made to either of them, by any ship-master, supercargo, owner or consignee, of any vessel, or any articled seaman, that he, she or they are plaintiffs, or have charged any person with an assault, or assault and battery, or trespass to the person, not punishable with death or imprisonment in the Penitentiary, to hold special or extraor¬ dinary Courts for the summary trial of such causes, under the same restrictions, and as provided by the above recited Act, and the Act amendatory of the same, passed the 21st day of Dec. 1833. 51. Sec. II. All civil actions, which, by the above recited Act, cases under the Judge of the Court of Common Pleas and of Oyer and Terminer®30' fo rthe City of Savannah, or the Mayor of said City, are authorized to try and determine, the amount of which shall not exceed thirty dol¬ lars, may be tried by any Justice of the Peace, for that part of the County of Chatham, embraced within the corporate limits of the City of Savannah, under the same restrictions as to petition, notice, affida¬ vit, and [as] set forth in the first section of the said recited Act, and that all and every process issued by any Justice, by authority of this Act shall be served by any lawful Constable, of the above recited part of the County of Chatham, and shall be determined by a Jury of five, to be drawn instanter from the Jury box of said Magistrate, which said Jury shall be summoned to appear for the trial of said action or Juir- actions, within forty-eight hours from the time of issuing the process or processes ; and further, that the costs shall be the same, as in oth- e°9ts- er cases of Jury trials, in Magistrate's Courts. Sec. III. All laws and parts of laws militating this Act be and the same are hereby repealed. An Act to alter and amend the several Acts relating to the Court of Common Pleas, and of Oyer and Terminer for the City of Sa¬ vannah.—Assented to Dec. 7, 1841. Pam. 76. 52. Sec. I. Be it enacted, That from and after the first day of January next, the Court of Common Pleas and of Oyer and Termi- $300. nerfor the City of Savannah, shall have jurisdiction in all civil cases, (except such as involve title to real estate, or which may fall within a Magistrate's jurisdiction) where the sum claimed, or the demands of the plaintiff should not exceed the sum of three hundred dollars exclusive of interest, and that the said Court shall have jurisdiction to the same extent in cases of attachments. 53. Sec. II. From and after the first day of January next, the quarterly 630 JUDICIARY.—City Courts— Sav. Com. Pleas—1841-M3. Jury Trial—Officer's Fees—Sessions. sessions of said Court shall be quarterly, namely, 011 the first Monday of February, May, August, and November.* suits com- 54. Sec. III. All suits in said Court shall be commenced at least days before fourteen days before the time to which they are returnable ; and the proems serv- process shall be served on the defendants at least twelve days before ed 12 days. the session of the Court: Provided herein, that the provisions of this section shall not extend to cases of attachment, which shall be issued in the manner now prescribed by law. trial by ju 55. Sec. IV. Either party in any cause before said Court, shall mancL6 ^e entitled to a trial by Jury upon entering a demand therefor in writing, upon the docket of said Court, before the opening of the Court on or before the first day of the term to which the said cause is re¬ turnable, without the payment of costs, or giving bond and security therefor. Fe«s ofci'k 56. Sec. Y. The Clerk and Sheriff of the Court aforesaid, shall reduced"ue-have and receive but twe-thirds of the fees heretofore allowed to each third* respectively by law, in all civil cases, to be charged as costs against the suitors in said Court.f Attorney's 57. Sec. YI. Attorneys practising in said Court, shall receive as fee, *1 so. a tax aq sujts brought before said Court, the sum of one dol¬ lar and fifty cents.J Sec. YII. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to amend an Act entitled an Act to alter and amend the seo- eral Acts relating to the Court of Common Pleas and of Oyor and Terminer of the City of Savannah, assented to 7th Decem¬ ber, 1841; and to amend the several laws regulating the Court if C'nnmom Pleas in the City of Augusta, and to change the tim of holding the Court of Common Pleas in the City of Augusta, Assented to Dec. 27, 1842. Pam. 68. th rd aes Sec. I. Be it enacted, That from and after the passage of this sion, 1st Act, the third quarterly session of the Court of Common Pleas afld Monday m Qyer an(j Termmer, for the City of Savannah, shall be held on the first Monday in July, instead of the first Monday in August, as prescribed in said Act. Secs. II. and III. [City Court of Augusta, sees. 58, 59.] An Act to alter and amend the several Acts relating to the Court of Common Pleas and of Oyer and, Terminer for the City of Sa¬ vannah.—Assented.to Dec. 25, 1843. Pam. 38. Trial by ju- ®EC' I- Be it enacted, That from and after the passage & mandde ^ct' wl*ere either party in any case before the Courts of Com- tern.a rs mon Pleas and of Oyer and Terminer for the City of Savannah, shall *See next Act. tSheriff s fees restored by Act of 1847. Sec. 61. JBut see "Fees," sec. 51. JUDICIARY.—City Courts—Sav. Com. Pteas—1843-'47. 631 Appeal—Sheriff's Fees demand a Jury trial, the said cause shall be tried at the term of the Court to which it is returnable : Prodded, that if either of the par¬ ties should be unprepared for the trial of such cause, the Court may continue the same, under the same rules and regulations by which continuant# suits are now continued. 59. Sec. II. In case either party shall be dissatisfied with the ver- Appealwith- dict of the Jury, then and in all such cases, either party may, withinin 4 days" four days after the adjournment of the Court in which such verdict was obtained, enter an appeal in the Clerk's office of such Court as matter of right: Provided, the person or persons so appealing, shall, on payment previous to obtaining such appeal, pay all costs which may have arisen givfnlbond, on the former trial, and give security for the eventual condemnation and^dm'nT money, except executors and administrators, who shall not be liable to give such security. If on hearing such appeal, it shall appear to Damages for the Jury that the appeal was frivolous, and intended for delay only, appeal!18 they shall assess- damages to the party aggrieved by such delay, not exceeding twenty-five per cent, on tne principal sum which they shall find due, and such damages as shall be assessed, shall be spe¬ cially noted in the verdict of such Jurors, and no person shall be al-withdrawal lowed to withdraw an appeal after it shall be entered, but by the ofappeaL consent of the parties. 60. Sec. III. In all cases where an appeal shall have thus been appeal entered, the cause shall be tried at the next term of the Court of "41 Jury?*" Common Pleas and of Oyer and Terminer of the City of Savannah (unless good cause be shown for a continuance to the Court) by a special Jury, who shall be taken from the Grand Jury list of the said Court, and struck in the presence of the Court in the following manner: The Clerk shall produce a list of the Grand Jurors present'and now select- there impanneled, from which the parties plaintiff and defendant, orc ' their attorney, may strike out one alternately, until there shall'be but twelve Jurors left, who shall forthwith be impanneled and sworn as special Jurors to try the appeal cause ; and in all cases the appellants on failure^ shall strike first, and in case of refusal in either to strike such special ther party?** Jurors, after due notice given for the purpose, and proof thereof, thelhauprf6 Judge before whom such notice is given for such special Jury to be ^ impanneled, shall in behalf of such absent party, or his attorney, i',arty- proceed in the same way and manner as if the party absent or refus¬ ing had been present or consented to the same. Sec. IV. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to repeal an Act to alter and amend the several Acts relating to the Court of Common Pleas and Oyer and Terminer for the City of Savannah, so far as relates to the Sheriff of said Court and to allow said Sheriff certain fees which are not provided for by law, and to increase his fees in certain cases, and to allow him to appoint special deputy Sheriffs in certain cases.—Approved Dec. 18, 1847. Pam. 281. 61. Sec. I. Be it enacted, That so much of the fifth section of the 632 JUDICIARY.—City Courts—Sav. Com. Pleas—1847. Sheriff's Fees—Deputy. sheriff'8 above recited Act as relates to the reduction of the Sheriff's fees of Swi cases, the Court of Common Pleas and Oyer and Terminer for the City of Savannah, be and the same is hereby repealed; and that the said Sheriff shall be allowed the following fees, viz : For summoning or attending on a Jury to try a debtor for fraud under the honest debtor's Act, two dollars ; for receiving and detaining into his custody any person or persons given up to him by any security or securities in or out of Court, one dollar and eighty-seven cents; and the said Sher- paid in ad- iff shall not be compelled or liable to receive any person or persons vance. g0 Slirrendered unless the fee be paid him by the security or securi¬ ties at the time of surrender ; and for his attendance on the special or Petit Jury, and for each verdict rendered, one dollar ; for the service of a rule or order of Court, one dollar, in criminal 62. Sec. II. The Sheriff of the Court of Common Pleas and eases. Oyer and Terminer for the City of Savannah, shall be allowed the following fees in criminal cases at special or extraordinary Courts of Common Pleas and Oyer and Terminer for the City of Savannah, and at regular terms of said Court. special or extraordinary courts. For attendance on Judge to draw Jury, $1 00 For service, petition, order, &c. upon each party, 1 00 For summoning the Grand and Petit Juries, and attendance for each case tried or settled, -..4 00 For each subpoena served, 62 For attendance on each case tried, 1 00 For bringing each person from jail, 1 25 For carrying sentence of Court into execution,. 1 25 For estreating a bond, 50 . For serving an attachment or bench warrant, 2 60 regular terms of court. For summoning the Grand and Petit Jurors for each case tried or settled, » 1 87J For each subpoena served, 62 For bringing each person from jail, 1 25 For attendance on each case tried, 1 00 For carrying sentence of Court into execution 1 00 For estreating a bond, 50 For serving an attachment or bench warrant, 2 50 Deputy for '63. Sec. III. And be it further enacted by the authority afore- pur" said, When it so happens that the Sheriff levies on any property where it is actually necessary for him to have the same guarded, it shall be lawful for him to appoint a special deputy Sheriff for said purpose, who shall take an oath before he enters upon his duty that he will well and truly perform the duties assigned him by the Sher¬ iff, and if any person or persons shall resist, oppose or assault said special deputy Sheriff in the discharge of his duty, he, she, or they on conviction shall be fined or imprisoned at the discretion of the Court; and in all cases when the Sheriff requires assistance, it shall be lawful for the Judge to allow a reasonable compensation to said Sheriff. JUDICIARY.—City Courts—Sav. Com. Pleas—1847. 633 Special Courts—Proceedings. Sec. IV. And be it further enacted by the authority aforesiad, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to authorize the Judge of the Court of Common Pleas and Oyer and Terminer for the City of Savannah, to hold special or extraordinary Courts for the summary trials of causes therein enumerated, and to amend an Act entitled an Act to authorize the Judge of the Court of Common Pleas and Oyer and Terminer for the City of Savannah, to hold special or extraordinary Courts for the summary trial of causes therein enumerated, and to empow¬ er the Mayor of the City of Savannah also to hold such special or extraordinary Courts, and to regulate seamen or mariners, and to prevent them from being harbored or running in debt, passed December 26, 1831.*—Approved Dec. 27, 1847. Pam. 91. Whereas, the trade and commerce of the City of Savannah is in¬ jured, and masters and commanders of vessels trading to said City are greatly distressed by the forcibly taking away, abducting, enti¬ cing or harboring the seamen of said vessels, and whereas the evil- disposed persons who commit such acts frequently escape punish¬ ment by the absence of witnesses, for want of a summary jurisdic¬ tion to try said offenders—for remedy whereof, 64. Sec. I. Be it enacted, That from and after the passage of special c>t*, this Act, it shall and may be lawful for the Judge of the Court of [hargedwit* Common Pleas and Oyer and Terminer for the City of Savannah, in seamen?6 all cases where any person or persons shall be charged and prosecuted for the offence of abducting, entertaining, retaining or harboring any articled seamen,f upon application to said Judge by the prosecutor in such case, by petition on oath stating that he or she, or the wit¬ nesses necessary in carrying on said prosecution cannot, without great inconvenience and damage to him, her or them, wait the trial of such charge or prosecution by the ordinary and usual course of proceedings in the Courts of the State, to order, and the said Judge is hereby directed and required to order and appoint a special or ex- traordinory Court to be held within forty-eight hours after the grant of such order, for the trial of any such cause, charge or prosecution. 65. Sec. II. The said Juuge. shall, at such special or extraordi- proc«x]ingg nary Courts, proceed to try each cause according to the provisions of, ofiSi.erAct and in the manner pointed out by the various sections of the Act of which this is amendatory, passed 26th December, 1831, and of any other Acts which may have been passed amendatory thereof. 66. Sec. III. All the provisions of the aforesaid amended Act Aiiitsp>0 of the 26th December, 1831, regulating the proceedings of such Jppi""abie special and extraordinary Courts, shall be applicable to trials under this Act. *Sec also Act of 1837, sec. 50. tFor Act defining the offence and punishment for abducting and harboring seamen, gee title " Agriculture and Commerce," subdivision "Seamen and Mariners." 80 634 JUDICIARY.—City Courts—Darien—1816. Clerk—Mayor's Court. An Ac/ to amend and declare the intention of an Act entitled an Act to alter and amend the several Judiciary Acts now in force in this State, so Jar as relates to Justices'' Courts, approved Deccmr ber 14th, 1811.*—Approved Feb. 23, 1850. Pam. 274. Whereas, it is by the first section of said Act provided that no Jus¬ tice of the Inferior Court, Clerk, Sheriff, or practising attorney, be¬ ing a Justice of the Peace, shall try any warrant and give judgment thereon ; and whereas it has been supposed by some that the Clerk of the Court of Common Pleas and Oyer and Terminer for the City of Savannah is included in the provision of said Act; for remedy whereof, disabilities 67. Sec. I. Be it enacted, That from and after the passage of relieved, this Act, the Clerk of the Court of Common Pleas and Oyer and Terminer for the City of Savannah, be and he is hereby wholly ex¬ empted from the disabilities in the above recited provision of the said Act contained. All laws parts and of laws militating against this Act, be and the same are hereby repealed. ART. III. THE MAYOR'S COURT OF BARIEN. Sec. 1. Power of Mayor and Aldermen. " 2. Court, terms, appeals. " 3. Bail. Juries, " 4. Rule of Government. Sec. 5. Sale of land and negroes. " 6. Imprisonment of debtors, &c. " 7. Jurisdiction, An Act to Incorporate the Town of Darien.—Approved Dec. 12, 1816. Yol. III. 1011. Sec. I. II. and III. [Direct the appointment of City officers and Organize the Police.] Consetva- 1. Sec. IY. The Intendant and members of the said Council, shall each of them have full power and authority to keep peace and aadjuder- g00(j order within the said Town, to issue warrants, and cause all offenders to be brought before them, and on examination, eitherto release, admit to bail, if the offence be bailable, or commit to the cus¬ tody of the Sheriff of the County of Mcintosh, except in cases here¬ after provided for, whose duty it shall be to receive the same, and keep in safe custody until discharged by due course of law ; and fhie said Intendant and every of the members of the said Council, for the time being, shall be vested with all the powers and authorities that Justices of the Peace are vested by the laws of this State, and shall exercise the same, in every part of the said town, for the preservation of the peace and good order thereof. MSiyvr'act. 2. Sec. Y. It shall and may be lawful for the said Intendant, or in his absence, any three of the Council, and they are hereby empow¬ ered at any time after the passing of this Act, to hold Courts once ifc •For this Act, see " Justices of the Peace." sec. 5. JUDICIARY—City Courts.—Darien—1816. 635 Mayor's Court—Jurisdiction—Proceedings. every month throughout each year, to appoint such officers as they Monthly may think necessary, to settle and allow said officers reasonable ;'ces,tcnn3, and to have jurisdiction of, and to hear and determine all civil causes itsjurisdic- not involving the right or title to any land or real estate, so the demandtiou- in each suit does not exceed the sum of fifty dollars,* and to give judgment and award execution therein according to law—Provided, that if any party to a suit, shall feel him, her, or themselves aggrieved Appeal to a by the decision of the said Court, it shall and may be lawful for suchJury- party to enter an appeal within three days after such trial, first pay¬ ing all costs which may have accrued on such trial, and giving suf¬ ficient security to abide and perform the sentence of the Court at the trial of the appeal; and all appeals from the decision of the said Court, shall be tried at the succeeding Court day, unless good excuse is given for continuing longer such trial; which trial shall be by a Jury of seven men, whose verdict shall be final—Provided, such continuance shall not exceed three terms. 3. Sec. VI. The said Intendant and Council shall have the Bail, like power and authority to hold to bail for debts within their juris¬ diction, under like restrictions as pointed out for the Superior and In¬ ferior Courts ; and shall have power to draw and impannel Jurors Juries, for the trial of appeals, who shall be resident within their jurisdiction, and shall be qualified and liable to serve as Jurors, to cause them to be summoned at least five days before the said Court, and to fine them for non-attendance or other misconduct, in such manner as they may thiak proper ; and shall have power to award execution for such fines, and cause the goods of the persons so incurring such fines, to be sold by virtue thereof: Provided, such fine shall not ex- deed ten dollars. 4. Sec. VII, The said Intendant and Council shall, in all judi- The court dial proceedings, have reference to, and be governed by the laws in erned byfthi force in this State, for regulating the judicial proceedings thereof ;Jud,cialAct* and the said Court of Intendant and Council thereof, is declared to be a Court of record, and any persons necessarily going to, being at court of n*. or returning therefrom, shall be free from arrest on any civil suit.f c0 5. Sec. VIII. The Town Marshal shall have the power of selling cuy Mar- real estate in said Town under execution, issued by the Intendant sell real e»- and Council: Provided, all sales made by him of real estate or ne- how that groes, shall be on the first Tuesday in each month, and advertised at ^'edt"e^0€a least thirty days. advertised. Sec. IX. and X. [Relates to work on the streets and commons.] 6. S ec. XI. The Intendant and Council shall have power and confinement '■authority to confine all insolvent debtors within their jurisdiction, as another# well as all offenders against the peace and good order of the State, in the jail of Darien, until such time as the County shall build a jail at the Court house. •$100, sec. 7. tAs to garnishments, see Act of 1822, sec. VL " Attachment and Garnishment." *ec. 27. 636 JUDICIARY.—City Courts—Savannah Police—1.S 19. Jurisdiction Increased—Savannah Police. An Act to make the Toum of Darien a City, and to amend the fore' going Act.—Approved Dec. 18, 1818. Vol. III. 1014. Sec. I. and II. [Changes the style of the Town to that of "City," and direct the election of a Mayor and Aldermen in the place of Intendant and Council.] Jurisdiction 7. Sec. III. The jurisdiction of the Mayor's Court of the City $fioo? C' of Darien shall be increased to one hundred dollars ; and in holding The Mayor's tlie Mayor's Court for the trial of civil causes, the Mayor shall pre- Kcm^'as yeas side, and he shall be allowed the same fees as are allowed to the Intend an? May°r °f Savannah on sums of like amount; and any person dissat- feud council, isfied with the decision of the Mayor, may appeal to a Jury, in the manner now provided for in the Intendant and Council's Court of the Town of Darien ; and the same proceedings shall be had on all mcnt of Mar such appeals; and it shall be lawful for the City Marshal to adver- sbai's sales. ^se saies in any gazette in the City of Darien. ART. IV. THE POLICE COURT OF THE CITY OF SAVANNAH. See. 1. Jurisdiction. | Sec. 2. Officers and Fees. An Act amendatory of and in addition to the various Acts heretofore passed in reference to the City of Savannah.—Approved Dec. 8, 1849. Pam. 83. re liceourt L Sec. I- Be it enacted, That the Police Court-of the City of ecc^tj1 °f Savannah be, and the same is hereby established and declared a Court of Record ; that the Mayor or acting Mayor of said City be, and he is hereby authorized to preside in said Court, and to hold ses¬ sions thereof as often as to him may appear to be necessary ; that Sessions and said Court shall have cognizance in the first instance of all offences jurisdiction, against the laws of the State touching said City, including as well this law and the laws and ordinances hereafter to be enacted and or¬ dained, as those which are now of force, with power to inflict the punishments by fine and imprisonment, prescribed by the existing laws and ordinances or which may be fixed by laws and ordinances and pavers, hereafter to be enacted or ordained, and to enforce the same by execu¬ tion or mittimus, directed to the Marshal of said City, or any Law¬ ful Constable thereof, and to the Jailer of Chatham County, when necessary; and that said Court shall have power to commit to the common jail of Chatham County any and all person and persons who shall disturb said Court during its sittings or who shall in any other Appeal. manner be in contempt of its lawful authority: Provided, neverthe¬ less, that an appeal may be taken from any judgment or decision of said Court (except a commitment for contempt) to the Mayor and Aldermen of the City of Savannah and the hamlets thereof, in Common Council assembled, all costs being first paid and bond given- to abide the decision of the said Common Council. officers. 2. Sec. II. The Clerk of the Council of the City of Savannah, JUSTICES OP THE PEACE.—1799. 637 Officers' Fees—Analysis. the Marshal of said City, and- the Constables of said City, be and they are hereby constituted officers of the Police Court of said City, and that they be, and they are hereby authorized to demand and re¬ ceive for services rendered or duties performed in said Court, such fees and costs for themselves, to be collected out of the defendants, Fees, as may be established by any present or future ordinance of said City. [The remaining sections of this Act, local.] Sec. X. All laws and parts of laws militating against this Act be and the same are hereby repealed. [Statutes omitted as repealed Act of 1832, (City Court of Colum¬ bus,) Pam. 62. Of 1833, (City Court of Macon,) Pam. 57; 1834, Pam. 97.] JUSTICES OF THE PEACE.* See. 1. Issue of attachments. Sec. 27. 2. Shall not try trespass. " 28. 3. Book of entries. " 29. 4. Delivery to successors. " 30: 5. Jurisdiction and proceedings. " 31- 6. Appeals—warrants—service. " 32. 7. Co-obligor—non-resident. " 33. 8. Attachment and garnishment. " 34. 9. Evidence—set-off—claims. " 35. 10. Bail. "36. 11. Witnesses—interrogatories. " 37. 12. Juries, drawing, Sec. " 38. 13. Oath of Jury. " 39. 14. Costs in criminal cases. " 40. 15. Denial of notes, bonds, &c. " 41. 16. Removal of defendant. " 42. 17. Ten clays' residence. " 43. 18. No Justice, or Justice a party. " 44. 19. Indictment for mal-practice. " 45. 20. Control by surety. " 46. 21. Sales—notice—hours. " 47. 22. Real estate and negroes. " 48. 23. Lien of Judgments. " 49. 24. Constable—extra pay. " 50. 25. Levies by ; misconduct. " 51. 26. Fees of Bailiffs and Justice of the " 52. Peace. Settlement—costs. Officers—parties. Contempt of Court. Claim by Agent, &c. Control by surety. Itinerant persons. Deposit of costs. Practice to be uniform. Prescribed rule. Extent of jurisdiction. Rule vs. Justices. Rule vs. Constables. Acc'ts proven out of the County. Constables' receipts. Costs on certiorari. Execution for. Rules vs. Justices. Service on co-obligors. Service of summons, 9 days. Principal first sued, &c. Defendant pointing out slaves, &c. Advertisement of sales. Suit on several notes. Set-off—judgment for overplus. Over $30 credit. Proof of open account. ♦For the mode of election and qualification of Justices and Constables, their bonds and oaths, the appointment of the latter in certain cases, see " County Officers," sees. 2, 12, 22, 28, 30, 55, 53, 58, 61, 73, 76; Constitution, Art. III. sec. 1. Various duties of these officers are so interwoven with other Statutes, as to render it impossible to collect them here. See, for some of them, " Judiciary," Articles " Certi¬ orari," "Lien," "Limitation of Actions," " Possessory Warrants," "Usury." See al¬ so, title "Estrays," sees. 4, 5, 11. For Act authorizing returns to be traversed, see " Judiciary," Art. XVII. " Officers," sec. 382. For Acts requiring Clerks to record Constables' bonds, and give them certificates, see i' County Officers," sec. 73. For Act authorizing Inferior Courts to lay out new districts, see " Counties," sec. 19. 638 JUSTICES OF THE PEACE—1799-1810. A tta :h uL- r •; — LYes:>uss—Docket —Jurisdiction. An 1/ for the aopuintnient of County Officers.—Approved Feb. 16. 1799. Vol. I. 201. Sac. V. [See County Officers.] Justices may 1. Ssc. LXXL Aiid the said Justices respectively may, and are ment-Trlnu'r" hereby hilly authorized and empowered, to issue attachments return- Buporiorore a'0'J t! t:le Superior or Inferior Courts, under like circumstances, and inf. courts. {n ]i :e nnu mer as the Judges or Justices of the said Courts are era- powered tG do. Judiciary Act of 1799. Vol. I. 292. Justice shall 2. S EC. LXI. No Justice of the Peace shall sustain or try anjTj satisfaction in damages for any trespass on the person or property of such plaintiff. In Art to compl the Justices of the Peace in this State, to keep a fair amI regular Book off' Entry—Approved Dec. 13, 1809. Vol II. 572. thetPcacefto 3. ^f.c. I. From and after the first day of March next, it shall keep a book b the duty of each Justice of the Peace in this State, to keep a lair Siumiipra ai. legible book of entry of all civil proceedings had before him, eeedings. ^ recov(?ry Qf debts, &C. .8a.i■ b"ts, or any one or more of them, shall have authority and jurisdiction to hear and determine all suits on any liquidated demand or account* for any sums of money not exceeding thirty dollars,* by summons •Exclusive of interest. See sec, 36. JUSTICES OF THE PEACE—1811. Appeals—Time and place of trial—Service. or warrant: Provided, that no Justice of the Inferior Court, Clerk,*Proviso Sheritf, or practising Attorney, being a Justice of the Peace, shall try any warrant, or give judgment thereupon in any civil case whatso¬ ever; and the said Justices are hereby authorized and empowered to give judgment and award execution thereon; Prodded neverthe¬ less., that either party being dissatisfied, shall be allowed an appeal, Appeals, on payment of costs and giving security for the eventual c mdemna- tion money within three days after judgment;! or the party cast J^lshin 3 may stay the levy of execution forty days, on payment of cost, and giving security within four days after judgment; but no stay of ex- stay of ex¬ ecution shall be allowed after an appeal trial, for a longer time than^4daj*01" twenty days; in which case, the security on the appeal, together with the security for the stay of execution, shall be liable for the debt and cost. And it shall be lawful for any person or persons, who has or have in his, her, or their hands any bond, note, or ac¬ count, which was given for any sum exceeding thirty dollars, and.Debts0*1#. the amount of which has been reduced by any payment, or pay- $30 have* ments, or off-sets, to the sum of thirty dollars, or under, and which payment or payments are endorsed on the back of such bond, note or account; or where any bond, note, account or other agreement under, (gaming debts excepted) which in its original exceeded the sum of thirty dollars, but has been reduced by bond or bonds, note or notes, although of equal date, and payable at the same time, to a sum or sums under or of thirty dollars each, that then and in every such ♦case it shall and may be lawful for any person or persons, who has or have in his, her, or their hands, any such note or notes, bond or bonds, or accounts as aforesaid, to bring suit thereon in the Justices' Court in the district where the debtor or debtors may reside ; and the Justice or Justices are hereby authorized to give judgment for whatever sum in his judgment appears to be due.J 6. Sec. II. AH such appeals shall be tried before any one or appeal, more Justice or Justices in the company district in which the cause tried.*0 ^ originated, by five Jurors, to be drawn, impanneled and sworn as hereinafter directed, and in no other manner whatsoever, whose ver¬ dict shall be final and conclusive between the parties (except remov¬ ed by certiorari;) Provided always, that no Justice or Justices of No the Peace shall hold any Justices' Court, or pass any judgment inj^^^S" any civil case on any other,, or more than one day in each month, but at the , • , , , 3 ■ . • . ■ • , • ' utatod tirao which day they may appoint in their respective districts ; nor at any and place, other place than that specially mentioned in the warrant or summons ; which place shall be as near central as convenience will admit, which ^"rha0n^*» warrant or summons shall be served by any Constable of the dis-*ndhoW trict in which the defendant may reside, duly appointed and sworneerved* to the faithful execution of his office, either by giving a copy to the defendant in person, or by leaving a copy thereof at his, her, or their usual and notorious place of abode, at least ten^ days before the day •Explained as to Clerk of Common Pleas of Savannah. See "City Courts/' '• Sa¬ vannah," see. 67. fMay appeal without paying cost; see " Judiciary," sec. 150. JRe-enacted in 1842, sec. 49. (Nine days, by Act of 1841. 640 JUSTICES OF THE PEACE—1811. Co-obligors—Attachments—-Garnishment—Judgment vs. Garnishee. of trial; and it shall be the duty of the Constable serving the sum¬ mons or warrant, to make an entry of service thereon in writing, and sign such return. ^a"r3COo~r ^EC> Where a suit shall be instituted in any Justice's satetn°dife Court on any bond, note, or other written obligation, subscribed by rent coun- several persons living in different Counties or districts, the plaintiff ntcts.1 dls shall have his option to institute his suit in cither of the Counties or districts, and a copy of the original process being served on either or each of said obligors or promisors by an officer duly authorized, who shall make a return thereof under his hand to the person applying for such service, or the Court from which the original issued ; and on such return being made, the Justice or Justices shall be authorized to enter up judgment against the several obligors or promisors, or either of them, who shall be summoned as aforesaid. attichm'ts. 8- Sec. IY. It shall and may be lawful for any Justice of the Peace, upon complaint made on oath by any person, that his or her in what cas- debtor resides out of the State, or is actually removing without the w 10 lssue' limits of the same or any County thereof, or absconds or conceals himself, or stands in defiance of a peace officer, so that the ordinary Hojv issued process of law cannot be served upon him, to grant an attachment against the estate of such debtor, or so much thereof as shall be of sufficient value to satisfy the plaintiff's demand and cost,* which |>^v.ed and attachment shall be directed to, and levied by any lawful Consta¬ ble of the County where the property may be found, upon the estate of such debtor wherever to be found, either in the hands of any per- Giumshee. son indebted or having effects of such debtor in their possession, and summon such person or persons to appear at the Court to be held in and for the said district to which said attachment may be made Gwnishoe's returnable, there to answer upon oath what he she, or they are in- aiuwer. debted to, or what effects of such debtor he, she, or they hath or have in their hands, or had at the time of levying such attachment; which being returned executed, the Court may by order compel such person or persons to appear and answer as aforesaid.-)* And where Traverse of any person in whose hands such attachment may be levied, shall deny 8hef"an- on oath owing any money to, or having in his, her, or their hands swar. any effects of such debtor, it shall and may be lawful for the plain¬ tiff, or his attorney or agent, to traverse such denial, and thereupon an Trfai thereof issue shall be made up, and the same shall be tried at the next term, by a Jury of five persons, drawn,. impanneled and sworn, in like manner as in appeals ; but on good cause being shown on oath, the trial may be put off one term, at the instance of either party, Continuance an(^ no fonger - and if found against such garnishee, he, she, or they shall be subject to pay the plaintiff such sum as shall be so Judgment found, and cost; and the Court shall order judgment to be en- garnlshee? tered thereupon against such garnishee as against the original debtor: Attachment Provided, that such Justice of the Peace shall, before granting such attachment, take bond and security of the party to whom the same may be granted, in double the sum sworn to by the attaching credit- *As to making parties, see " Attachment and Garnishment," sec. 9. f Garnishment may issue in all cases. See Act > of 1822, 1823, 1830, 1831 and 1841, '■ Attachment and Garnishment," sees. 22, 23, 38, 13, 58. JUSTICES OF THE PEACEi—1811. 641 Proceedings on Attachment. • or, payable to the defendant, for satisfying and paying all costs and t^^tf.ion damages which may be incurred by, or happen to the defendant, in case the plaintiff suing out such attachment should discontinue or be cast in his, her, or their suit; which bond shall be returned to the Court to which such attachment may be returnable; and such at¬ tachment shall be tried at or before the second Justices' Court after Auachmus, the one to which it maybe made returnable ; and the party entitled tried, to such costs and damages, may bring suit and recover thereon : > and Attachment every attachment issued without such bond being tkken, or where no erabdie.rec°v" bond shall be returned to the Court with the attachment, the said at- irregular at¬ tachment is hereby declared to be illegal, and shall be dismissed with voCid.ments costs Provided always, that every attachment which may be issued as aforesaid, shall be attested by the Justice issuing the same, and How attest- shall be by the officer levying the same, publicly advertised at the. How adrer- place of holding the Courts in said distrrct, and at one or more public tlsed" places in the County, at least fifteen days previous to the Court to which said attachment may be made returnable ; and if any attach¬ ment shall be issued within fifteen days of the next Court, such at¬ tachment shall be returnable to the succeeding Court, and shall be tried as heretofore directed. And all goods and chattels, lands and tenements, attached, shall be repleviable by the defendant's giving RePlevy- bond, with good and sufficient security, to the officer levying the same, which bond he 'is hereby empowered to take, compelling the ^°en^°dn of defendant to appear at the Court to which such attachment may be * made returnable, and to abide by and perform the order of such Court: Provided nevertheless, that all goods and effects attached and Perishable not replevied, agraeable to the provisions of this Act, where the be'soid.may" same shall be of a perishable nature, the said Justice or Justices of the Peace shall, on. motion of the plaintiff, his, her or their attorney or agent, order a sale of the same; and the proceeds of such sale shall be paid into said Court, and by them applied to the discharge of the plaintiff's demand, if established, and costs; and the balance, if any, returned to the defendant or his attorney: Provided never the- How soId- less, that all sales of perishable property under attachment, shall un¬ dergo the same formalities of other Constable's sales under execu¬ tions ; and whenever any attachment shall be returned served in the Judgment on i i r i-i * , iii i n i i • i the answer hands of a third person,-it shall be lawful, on his or her appearance ofagam- and examination, in the manner hereinafter directed, to enter up's 10t"' judgment as against the original debtor, and award execution for the money due by him or her to the absent debtor, and against such uon,execu" property or effects as may be in his or her hands or keeping, belong¬ ing to such absent debtor, or so much thereof as will be of value sufficient to satisfy the judgment or judgments and costs. And all on'tL'g^da such goods and chattels, levied on as aforesaid, and not replevied, attacheh shall, after the plaintiff lips established his demands, be by order of the Court sold and disposed of, for and towards satisfying the plain- tilf's judgment, in like manner as if the same had been taken under cient, or the execution; and where the property so attached and sold as afore- Sedmuy said, should prove insufficient to satisfy the debt and cost, or where tb°t*®al es" the same shall be of the nature of real estate, then and in that case, 042 JUSTICES OF THE PEACE.—1811. Parties' oath—Set-off—Claims—llail—"Witnesses. rhe amount shall be the duty of said Justice to issue execution or executions, imsatisticd. » • i • i t for the amount ot said judgment and cost, or so much thereof as re- Md^yga''- mains unsatisfied. And when any person, as garnishee, returns Issued for debts due to the absent debtor, the Court shall order the same to bo ™ nmcourt sue(l f°r> and when recovered, subject to the order of the Court, evidence. 9- Sec. Y. In all cases brought before any Justice's Court, the best evidence the nature of the case will admit of, shall be required j oath of the nor shall any person, plaintiff or defendant, be permitted to prove paIties* his or her account, by his or her own oath, without first making oath in writing, that he or she hath no other evidence whereby to establish the same that is in his or her power to procure,* and in all Set-off. cases of mutual debts and sets-off, the said Justice or Justices may enter up judgment for the defendant, where it shall satisfactorily Continuance appear that there is a balance due him or her ; and oil good cautse be- c causes. sh0Wn on oath by either party, the said Justices may postpone ctaims of the trial three terms, and no longer; and where an execution is lev- prepety. on property^ claimed by any person not a party to said execution, it shall be the duty of the Constable to postpone the sale of such .\Tdavit of property, and make return thereof to the first Court in said district: 1 aim- Provided, the person putting in such claim shall [first make oath in Bond. writing, that said property is not liable to said execution,! and shall also] give bond and security in double the amount of such execu¬ tion, which bond the Constable is hereby authorized to take, paya¬ ble to the plaintiff in execution, with condition to pay all costs and damages which lie or she may. sustain, in case it should appear such claim was frivolous and intended for delay only, recoverable in any Salm0fthe Court having cognizance thereof; audit shall be the duty of the said Court to cause the right of property to be tried at the next term . by five Jurors, to he drawn and impauneled in like manner as ap- onecontin P621^1 ail(^ 011 g°°d cause being shown on oath, the Court may post* »>ance. pone the trial for one term, and no longer. bail. 10. Sec. VI. The said Justices shall have power and authority to hold to bail for debts within their jurisdiction, under such re- strictions and regulations as prevail in the Superior and Inferior Courts. witnesses. H. gEC. YH. Any Justice of the Peace may issue summonses for wituesses resident within the County in any case to be tried before him, which shall be served five days before the day of trial ; and such w'itn"W2hiesses shall bo subject to a fine not exceeding $10 for default, at the discretion of said Justice, and moreover be liable to the party grieved by action in any Court having jurisdiction of the same, for any damages he may sustain by such default, who may issue execu¬ tion for the amount of said fine : Provided, sufficient excuse shall wit- not ',G ma^e or before the next Court day : Provided also, that nesses. a]l witnesses duly summoned, and# attending said Court, who may reside out of the district where such Court may be held, shall re- *Sec sec. 52, as to proof of sot-off. As to affidavit of non-resident p.laintiff, see Act of 1827, sec. 39. fOath changed and may be made by agent, sec. 30. As to claims to property at¬ tached, see "Attachment," &c. sec. 5. A3 to land and negroes attached, sec. 31. (1 ) If Jury arc sworn to special Jury oath in Superior Courts, no error. 8 Ga. 49. JUSTICES OF THE PEACE.—1811. 643 Interrogatories—Jury. ceive seventy-five cents per day for their attendance ;* and provided also, that there shall not be taxed in the bill of cost the expense of Jrnore than two witnesses to prove the same fact; and it shall be the duty of all persons summoned as aforesaid, to attend from time to point, time until the cause shall be determined, or they be otherwise dis¬ charged by the Court; and all fines shall be paid into the hands of Fines, the Inferior Court for the use of the County ; and when any wit¬ ness resides out of the County, whose evidence may be material for i'e^Tow^i. either party in any cause pending in the said Justice's Court, it shallken "oat- -and may be lawful for the party wishing to obtain such testimony to obtain a commission from the Justice issuing the summons, first giv¬ ing the adverse party, his agent or attorney, five days' notice, accom¬ panied with a copy ot the interrogatories intended to be exhibited, which commission shall be directed to any two or more freeholders, one of whom shall be a Justice of the Peace, to examine on oath, all and every such witness or witnesses; and such examination, How return- when so taken, shall be sealed up by the commissioners, and direct-ed- ed to the Magistrate by whom it was issued, and on returning the same shall swearf that it has undergone no alteration from the time of his receiving it of the commissioners ; and the commission and interrogatories so issued, executed and returned, shall be read on the trial at the instance of either party. 12. Sec. VIII. The method of drawing Jurors for the trial of ap-jUriwi. how peals and all other cases in Justices' Courts in each district, shalltobe vn' be as follows : The Justice or Justices residing in each Captain's district, in conjunction with commanding officers of said dis¬ trict, shall, once in every two years, procure or make out a list of all persons liable to serve as Jurors in the Superior Courts, who may be residents in their respective districts, and shall write the name of every person so ' liable on a separate piece of paper, which shall be deposited in a box in an apartment marked No. 1., and shall draw therefrom not less than five nor more than seven of the names, so before deposited, from time to time, to try the causes so depending before them, which names so drawn shall be entered in a book by the Justice presiding at the drawing thereof, and shall be deposited in an apartment of said box, marked No. 2 ; and after all the names are drawn from No. 1, they shall commence drawing from No. 2, and so on alternately : Provided, that no Justice shall presume to draw rrovteo. any Jury, but on a Court day, and in public, and by a person not in¬ terested in any suit to be tried by said Jury; and any person so Defaulting drawn and summoned by a Constable five days before Court, ncg- j"nre'^to ^ lecting to appear, shall be fined by the Justice or Justices in a sum not exceeding three dollars, unless such Juror shall show sufficient cause of excuse ou oath at the next term ; and in all cases of defi¬ ciency of Jurors, the Constable, by the direction of the Justices, shall fill and complete such Jury from the bystanders: Provided there shall not be less than three of the original pannel on such Jury ; and they Talesm- trial of appeals, also for the trial of the right 'of property, and on a traverse trial in Justices' Courts, shall be as follows: "You shall well and truly try the cause now pending between A B, plaintiff, and C D, defendant, and a true verdict give according to equity, ' and the opinion you entertain of the evidence produced to you, to the best of your skill and knowledge, without favor or affection to either party, provided the case is not withdrawn; so help you God." justice'sdia- 14. Sec. X. Where any person or persons, charged with any cretion us to costs in crim- offence, and brought before a Justice or Justices of the Peace, shall mai cases. ke discharged for want of sufficient cause of commitment, the Justice or Justices may, in his or their discretion, discharge the party with cost, or direct the cost to be paid by the prosecutor. Bonds,notes, 15. Sec. XI. No person shall be permitted, in any trial in said Justices' Court, to deny his bond, note, or bill, for money or other on oath in thing, unless such person shall first make oath in writing to the truth' wrmnD. ^ denial. Persons re- I®- ^ec. XII. In case any person or persons, after being sum- fo^'0nrg be~ mone{l t0 answer any complaint for debt, before any Justice of the Peace, shall, before the sitting of such Court, remove out of the dis¬ trict, such Justice may nevertheless give judgment against him, her, after judg- or them ; and if any person shall after judgment of such Court remove mcr.t. out ^ ct Qr QJun y before satisfaction made, such Justice may, in either case, issue execution against such person or per¬ sons, which execution being backed by any Justice of the County where such person or persons, or his, her, 'or their property may he found, may be levied by amy lawful Constable of said County. Ten days re- 17. Sec. XIII. If any person or persons shall live or reside with- jurfsdlcuun.3 in any County or district for the space of ten days, the same shall constitute a sufficient residence so as to authorize the Justices of said County or district to proceed against him, her, or them, before any company district Cojurt, as hereinbefore pointed out for all debts within their jurisdiction.* where there lg. Sec. X1Y. In case there be no Justice of the Peace res- any°adjoin-'ident in any Captain's district, then it shall and may be lawful for mayJ^ct!ce a Justice, in any adjoining district, to proceed in like manner as if the .Tusttceisa defendant was an inhabitant of his district ; and all cases in which a party, the Justice of the Peace may be a party, shall be tried in the nearest Jus- cause snail -- l j > be tried in tices' Court to the residence of the defendant in said County, and nwept to not within, the district in which he may reside. 19- Sec. XV. The Justices of the Peace of the respective Coun- fm rnalpral ^es shall be, and they are hereby declared to be liable to prosecution !ic« in office. and trial, by indictment, for mal-practice in office ; and- it shall be the duty of the Attorney or Solicitor General, 011 complaint made to them, or either of them, on oath, by any person or persons, to frame and prefer a bill of indictment to the Grand Jury of the County in whicii the Justice or Justices complained of may reside, containing ♦But see Act of 1818, sec. 32, as to itinerant persons. JUSTICES OF THE PEACE—1811. Surety—Sale?—Real estate and negroes—Judgment—Sale—Duty of Constables. 645 thfe merits of the complaint specially set forth; which indictment, if found hy the Grand Jury, after hearing the evidence and the parties, shall be tried by a Petit Jury ; and if convicted on such indictment, the judgment of the Court may extend to fine and removal from of¬ fice, or either, at discretion. [See Penal Laws, sec. 192.] 20. Ssc. XVI. When it shall appear by the return of a Constable* The surety on any execution or executions, that the same has been paid by a executionaa security or securities, it shall be the duty of the Justice or Justices to control make an entry thereof in their docket book, and such security or se- of u- curities shall have the use and control of said execution or executions for the purpose of remunerating him, her, or themselves out of their principal, although'such execution may have been levied and proper¬ ty sold to satisfy the same. 21. Sec. XVII. It shall be the duty of Constables to advertise constables'1 all intended sales at two or more of the most public places in their be'advem^0 proper district, and at one or more of the most public places in the ed- County,f at le ist fifteen days before any sale, and shall give a full and clear description of the property to be sold ; and all Constables' Andwhere sales shall be at the place of holding Justices' Courts in the several held, company districts, and on a Court day, and that between the hours Hours of sale of ten and three o'clock. J 22. Sec. XVIII. No Constable shall be authorized to levy on Real estate any negro or negroes, or real estate, unless there is no other person-^"ot t"0e|reoes' al estate to be found sufficient to satisfy the debt, V and then and inleyiedon , ' f where 3. suf- that case, they are hereby authorized to levy on the same wherever ficiency of i < 1 i -1 1 • " . i • • , ,i other person- to be found, and deliver over the execution or executions to the aity can be Sheriff of the County, with a return of the property levied on, who fou"d" shall proceed to sell the same, with such formalities as are prescribed for the sale of real estates.2 23. Sec. XIX. All judgments which may be obtained in, and Judgments, executions issued from any Justices' Court after the passing of this the property, Act, shall bear erpial dignity with judgments obtained in and execu¬ tions issued from the Superior or Inferior Courts, and shall bind all the property of the defendant from the date of the said judgment; and also all the property of his, her', or their securities from the time fendant." of their entering themselves as .such until the same shall be satisfied. 4rety.s 24. Sec, XX. A reasonable compensation shall be allowed to constables Constables, for carrying property levied on to the place of sale, when penysated°for there appears an absolute necessity for so doing, to be adjudged of by p°operVtynto the Justice or Justices resident in said district. saieflace of 25. Sec. XXI. It shall be the duty of the Constables of the butyofcon- J stables in *Or on trial, see. 31. See farther, as to rights of sureties, title "Judiciary," Article vicesf&cf* XXI. '• Sureties and Indorsers," sec. 430. f Altered by Act of 1S-12, sec. 48. JFour o'clock, see '■ Judiciary," Art. III. " Action," sec. 177. {Defendant may point them out; see Act of 1842, sec. 47 As to levies on bank stock, ece Judiciary," sec. 180. (1.) Such entry must be on the fi-fa. (or that defendant pointed out the property) to make a sale valid. 3 Kelly, 222. The entry may be made by the officer at any time, nunc pro tunc, 3 Kelly, 222. It will be presumed, where the paper is lost and a levy on land and sale under it has been made. 6 Ga. 188. (2.) The Sheriff is lawfully seized of such land and negroes. 7 Ga. 264. 616 JUSTICES OF THE PEACE.—1811. Liabilities—Fees. several districts to levy all executions put into their hands agreeably to the tenor thereof, and to make due returns of the same' together' with all summonses or warrants, to the Court to which they may TheirliainH- ])G made returnable ; and if any Constable shall fail to execute and conduct." make returns, or pay to or account with any person for whom he may have received money on any execution, within ten days after By appiica-^ the reception thereof, the person so injured as aforesaid, may tic" of the upon application to any Justice within the district where said Con- Peace" stable may reside (and in case there should be no Justice in said dis¬ trict, then an application to a Justice in any adjacent district) whose duty it shall be to grant a warrant to such applicant against such Constable, and such Justice shall, upon preof thereof, award judg¬ ment and execution for the same and all cost against such Constable, and also fine him for such abuse in a sum not exceeding ten percent, on the amount so withheld ; and in case of neglect or refusal to servo and return any warrant or summons as aforesaid, may fine the Con¬ stable so offending, in a sum not exceeding the amount of the debt Byprosecu- due by the defendant; and all Constables shall moreover be subject sup.court, to be prorecuted and tried for mal-practice in office, in like manner as herein pointed out for Justices of the Peace, and liable to like pains and penalties. fees. 26. Sec. XXII. From and after the passing of this Act, Justi¬ ces of the Peace and Constables throughout this State, shall receive the following fees for the services hereinafter mentioned, and no more. justices' of the peace fees in criminal cases.* For affidavit to obtain a warrant, 25 cents ; for making out a war¬ rant, 25 cents ; for making out a commitment, 25 cents ; for making out recognizance and returning the same to Court, 25 cents; for each subpoena for witnesses, 12 1-2 cents. in civil cases.f For a warrant or summons, 25 cents ; for each cause tried by said Justice, 25 cents ; for affidavit to obtain an attachment or to hold to bail and taking the bond, 50 cents ; for each execution, ca. sa. or at¬ tachment, 25 cents; for taking interrogatories and certifying the same, one dollar ; for drawing Jury and making out venire, 2£cents; for each cause tried by said Jury, 25 cents ; for each affidavit where there is no cause pending, 25 cents. constables' fees in civil cases.J of a consta- p0r serving a warrant, summons, or subpoena, 25 cents ; for each carets. additional copy, 25 cents ; for attending each trial in a Justices' Court 25 cents ; for summoning a Jury, 50 cents ; for each cause tried by said Jury, 25 cents ; for levying and advertising an attachment, 25 * All to be increased 25 per cent, by Act of 1819; see " Fees," sec. 35. fOn possessory warrants, see *• Fees," sec. 39. iSee farther as to Constables fees, title " Fees," sec. 21. Of a Justice in criminal cases. kn civil cases. JUSTICES OF THE PEACE.—1811-' 14. 64T Costs—When J. P. or Constable is a party—Contempt—Claims. cents; for levying a ca. sa. or execution and advertising, 25 cents ; carrying a prisoner to jail, per mile 4 cents ; for carrying a negro to and from jail when under execution, per mile 4 cents ; for keeping a horse, mare, mule, ass, or ox, per day, 12 1-2 cents ; for each head of neat cattle, per day 3 cents ; for each head of sheep, goats, or hogs per day 2 cents ; and shall moreover be entitled to five per centum on the amount of sales made by him under execution. 27. Sec. XXIII. In future any person or persons who may in- pyfes J . r ii settle cases stitute any suit or suits in any Justice's Court, shall be at liberty to on the pay. settle or withdraw the same at any time, on payment of the cost me ° CCi> which may have already accrued. And in all cases where execution if the defen- or executions may issue and being returned with an entry of service vem/thS*01" thereon, no property to be found whereon to levy, the plaintiff is "hereby liable and bound for the -eost, and that on refusal to pay the costs- same, execution may issue for the .said amount against the said plaintiff.* Sec. XXIV. [Repealed. See Roads, Ferries, and Bridges, sec. 1'7, 29.] 28. Sec. XXV. It shall be lawful for any Constable of the where J Justices or County to serve any warrant or summons "Wherein any Justice of constables the Peace or Constable may be a party, and to summon any witness-aiepaitie or out of their property, he, she, or they shall have the con- benefit of it trol and benefit of said execution, for the purpose of remunerating principal) on him, her, or themselves, out of their principal in the same manner as thereof1 if they had been security on the stay of execution—Provided, judg¬ ment and execution shall be against the principal also. - An Act to extend the powers of Sheriffs and Constables in certain cases. Approved Dec. 19, 1818. Yol. III. 168. Sec. I. [" Judiciary," sec. 87.] 32. Sec. II. It shall be lawful for any Constable, and he is hereby required, in all cases where a bail or criminal process is plac¬ ed in his hands, and the person against whom the same may be, is moving about from one district to another, to serve the said process in any district within the County in which he may be Constable. Sec. III. ["County Officers," sec. 28.] Act to amend the Judiciary Act of this Slate, so far as respects Jus¬ tices of the Peace.—Approved Dec. 9, 1819. Vol. III. 386. 33. From and after the passage of this Act, it shall and may be resident11011'" lawful for all and every Justice of the Peace in this State, on appli- piaintiffsto cation of any non-resident of the County or State, for any civil pro¬ cure^uiecost. cess, to require said non-residents to deposit the cost, or give suffi¬ cient security for the same, any law. usage, or custom to the contra¬ ry notwithstanding. An Act to regulate and establish an uniform practice in Justices' Courts.—Approved Dec. 9, 1819. Yol. III. 386. the practice 34. Sec. I. From and after the first day of January next, thepro- coun^eha'ii ceedings in the Justices' Courts shall be uniform throughout the be uniform. State. firsttcrm. 35. Sec. II. The first term shall be deemed and considered as th§ appearance term, when the case shall be docketed on what shall be called the appearance docket, and on the defendant failing to appear, Constable may arrest itinerants in any dis¬ trict in the County. JUSTICES OF THE PEACE.—1819-'27. 649 Iiulcs vs. J. P. and Constable—Open accounts. judgment shall be entered by default as in the Superior Court, and at the second term, unless there is a sufficient showing, judgmentSccondtc,m- shall be entered up: Provided nevertheless, the party or parties shall Proviso, be entitled to an appeal agreeably to the Judiciary law now in force in this State. 36. Sec. III. All Justices of the Peace shall have power, in all May give " cases of debt or liquidated demand, to give judgment for any sum $3ogexc"u-°r not exceeding $30, exclusive of interest and cost. terest.fin~ An Act more effectually to compel Justices oj the Peace and Consta¬ bles to pay over moneys received or collected by them in their offi¬ cial capacities.—Approved Dec. 22, 1820. Yol. IV. 203. 37. Justices of the Peace shall be so far considered officers of May be mi- the Superior Court, as' to be subject to be ruled under similar regu-|^je^®rttbe lations as are customarily pursued in relation to any other officer of said Court, when they shall refuse or neglect to pay over any mon¬ eys which they may have received or collected in their official ca¬ pacity.*1 38. Sec. II. Constables shall be subject to be ruled by their re- t-i^n i iit • n t ■ Constables spective Justices' Courts, and compelled to give an account of their may be rui>d actings and doings, or pay over moneys which they may have re- tiL?6 Jus~ ceived or collected in their official capacity, under the same regula¬ tions as are pursued in the Superior Court, in relation to officers of said Court. An Act to provide a more easy and convenient mode of proving open accounts, so as to make them evidence in Justices'' Courts.—Ap¬ proved 26th Dec. 1827. Yol. IY. 221. 39. Whereas, the practice now pursued by the different Justices' Courts in this State, of requiring open accounts to be proven in open Preamble. Court in order to make them evidence, is found in many instances to be highly inconvenient; for remedy whereof, Be it enacted, That from and immediately after the passage of this Act, in any suit which may be instituted in a Justice's Court °Pen a°- • 1 • t • o a • i counts m within this State, upon an open account against any party who may Justice's have removed without the jurisdictional limits of the County in thTcountyf which such account was contracted, or who may reside without the County in which the account was contracted, the said account may davit- be proven by a written affidavit before any officer authorized to ad¬ minister an oath ; and when so proven, shall be received in evidence upon the trial of said suit, as though the same had been proven in open Court; Provided however, that if the defendant will make an affida- Proviso. ♦Amended. See Act of 1,139, sec. 43. 20 per cent, damages for refusal to pay over, " Judiciary," Art. XVIL " Officers of Court," sees. 380, 384. (1.) May be ruled for money paid on notes in his hands before judgment. 5 Ga. Hep, 384. 82 JUSTICES OF THE PEACE.—1829-'39. Constables' receipt—Certiorari. vit in writing, denying the justice and fairness of the whole or any part of the said account, the said Court shall not give judgment for so much thereof as may be so traversed or controverted, unless sup¬ ported by other proof. Sec. II. All laws and parts of laws militating against this Act, arc hereby repealed. An Act to make Constables elective by the people, and the mode of taking their bonds, and to point out their duty in certain cases,— Approved December 22, 1829. Yol. IY. 40T. Sues. I. II and III. [See County Officers, sec. 55.] receipt Sec. IV. VYIietievcr notes for collection shall be placed in the tor ru>t's nn»l . r acrtHint r»r hands of the Constable, it shall be bis duty to grant receipts tor the same, and pay over the amount when collected to the plaintiff, or his, her, or their agent or attorney, unless there should be conflicting claims, it shall then be the duty of the Constable to report the same to the next Justice's Court of said district, subject to the order of said Court. Sec. Y. All laws and parts of laws militating against this Act are hereby repealed. An Act for the recovery of costs in Justices' Courts in certain cases, Approved Dec. 26, 1831. Pam. 140. 41. Sec. I. From and after the passage of this Act, in all cases carried up by writ of certiorari* from a Justice's Court, to the Supe¬ rior Court, and the said certiorari shall be sustained by the said Court, and the proceedings in the Court below set aside, without further order; and in all cases carried up in like manner from a Justice's certiorari— Court to the Superior Court as aforesaid, and the writ of certiorari erable if cer- shall be sustained, and a new trial ordered, the plaintiff in certiorari, SLI3SUS"Provided he finally succeeds in his cause, shall recover of the defend¬ ant all cost that he or she may have been compelled to pay and lay out before a certiorari could be granted. JE.veelvtion to 42.' Sec. II. It shall be the duty of the Justices of the Peace in ££ f<,r all such cases, as are mentioned in the foregoing section, to issue ex¬ ecution in the name of the prevailing party, for all costs that may have accrued in the said case. Sec. III. All laws and parts of laws militating against this Act, are hereby repealed. An Act to amend an Act more effectually to compel Justices of the Peace and Constables to pay over moneys received or collected by them, in their offci.nl capacity, passed, 22d Dec. 1S20.—Assented to 21st December, 1839. Pam. 140. 43. Sec. I. Be it enacted, That the Justices of the Peace shall * As to mode of carrying up a case by certiorari, see "Judiciary," Art. V. " Certiorari, &c." sec. 238. JUSTICES OF THE PEACE.—18 40-'41. 651 Rules vs. Co-obligors, how served—Service 9 days before Court—Principal & Indorser. be so far considered officers of the Superior Court as to be subject to be ruled under similar regulations as are customarily pursued in rela- er ciko™, tion to any other officer of said Court, when they shall refuse or neglect to pay over any moneys whicli they may have received or collected, in their official capacity ; Provided, that in case the rule cannot be served upon the Justice or Justices during the term of the Superior Court at which the rule is granted, that it may be lawful to sterve the same during the vacation, and be held and considered re¬ turnable to the next term of said Court, any law to the contrary not¬ withstanding. An Act to authorize Constables of this Slate to serve processes, and to perform other acts pertaining to their office, in any district. in cer¬ tain cases therein specified.—Assented to 22d December, 1840. Puna. 54. . 44. Sec. I. Be it enacted, That from and after the first day of i n C88" of January next, in all cases where suit or suits are commenced in any ctn-uadT of the Justices'Courts of this State, against any joint obligors promisors, it shall be lawful for the Constable of the district in which such suit or suits are commenced, to serve all processes on all of the parties, and do all other legal acts which may be required of them, in the progress of such suit or suits in any district or districts in the County in which such suit or suits may be commenced. 'Sec. II. And he it further enacted, That all laws and parts of laws to the contrary be, and the same are hereby repealed. An Act to authorize Constables to serve summons nine days before the sitting of the Court to which they are made returnable.—As- sented*to Nov. 24, 1841. Pam. 144. 45. Sec. I. Be it enacted, That from and after the passage this Act, it shall be lawful for the Constables in this State to serve ed o days se¬ al 1 summons to them directed, nine days before the sitting of the °*eGou"' Cour! to which they are made returnable: Provided, the. same shall have been issued and bear date ten days previous to the sitting of the Court to which they are made returnable; any law, usage or custom to the: contrary notwithstanding. An Act to require all endorsers [endorsees] to sue the principal in his. her or their district.—Assented to Dec. 10, 1841. Pam. 129. 46. Sec. I. Be it enacted. That from and after the passage of£rincipa! 1 • » t ♦ 11 i * SUCM1 Of this met, that 111 all cases where any person or persons shall endorse else'ndoweir a note or notes, it shall not be lawful for the endorsee to sue the endor- nwker.uh ser, where the principal and endorser live in the same County, with¬ out first sueing the principal in his, her or their district: Provided alwaus. that nothing in this Act shall prevent the endorser benm 052 JUSTICES OF THE PEACE.—1812. Land and negroes—Constable's sale. sued in the same action and the same district with the maker ; and provided, that this Act shall only apply to Justices' Courts. An Act to authorize defendants in Execution to point out any prop¬ erty belonging to them in their possession.—Assented to Dec. 27, 1842. Parn. 85. Defendant 47. Sec. I. Be it enacted, That from and after the passage of wuand or this Act, the defendants in executions arising in Justices' Courts, shall negroes, have the right to point out to the levying officer, either land or ne¬ groes, in the possession of the defendant: Provided, however, noth« ing shall so be construed in this Act, to restrain the officer from levy¬ ing such execution on a sufficient amount of property to satisfy the same. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to alter, repeal and. amend so much of the 21 st section of an Act entitled an Act to alter and a,mend the several Judiciary Acts now in force in this State, so far as relates to Justices' Courts, approv¬ ed December 14th, 1811, which requires Constables to advertise all intended sales, at one or more of the most public places in the County. Assented to Dec. 27, 1842. Pam. 55. mentof36" ^ec. I- Be ^ enacted, That from and after the passage of constables' tliis Act, so much of the above recited Act as requires Constables to 1 ' advertise all intended sales at one or more of the most public places in the County, be and the same is hereby repealed; and in lieu thereof, that hereafter it shall be the duty of the Constables of this State, to advertise all intended sales, by them to be made, at three or more of the most public places in their proper districts.'* Sec. II. All laws and parts of laws militating against *this Act, be and the same are hereby repealed. An Act to declare and make certain the Law of this Stale in relation to the jurisdiction oj Justicos: Courts, in certain cases.—Assented to Dec. 26, 1842. Pam. 113. Whereas, it has been of late, held and considered in some parts of this State, that the Act of 1811, relating to Justices' Courts, and authorizing Justices of the Peace in certain cases, to give judgment in several cases on the same day between the same parties, and in favor of the same plaintiff; and when the aggregate amount of such judgments exceeds the sum of thirty dollars, &c.; is contrary to the Constitution of the State as it then existed, and is therefore of no authority; and whereas, it is right and proper, that the law in this particular should be made certain according to its long construction and understanding, *For Acts authorizing Constables in certain cases to levy on property of Sheriff, see "Judiciary," sec. 205. JUSTICES OF THE PEACE—1842. 653 Suit on several notes—Set-off. 49. Sec. I. Be it therefore enacted, That in all cases when any several / • J T_ A \ "otes oac,i bond, note, account or other agreement, (gaming debts excepted,) under $30 which in its original exceeded the sum of thirty dollars, but has been sued to sama reduced by bond or bonds, note or notes, although of equal dates, Court- and payable at the same time, to a sum or sums, uncter or of thirty dollars each, that then, and in every such case, it shall and may be law¬ ful for any person or persons, who has or have in his, her or their hands, any such note or notes, bond or bonds, or accounts as afore¬ said, to bring suit thereon in the Justices' Court, as in other cases ; and in such case the Justice or Justices are hereby authorized to give judgment as in other cases, any opinion, usage, or construction to the contrary notwithstanding. An Act to regulate Justices' Courts in cases of set-offs.—Assented to Dec. 27, 1842. Pam. 160,. 50. Sec. I. Be it enacted, That from and after the passage of this set-offai- Act, in all cases in the Justices' Courts of this State, where the demand or claims of the defendant is greater in amount, and exceed the plaintiff's demand, it shall be the duty of the Justices to allow a set-off, as is now by law allowed and pointed out, and give judg- for'lSd- ment against the plaintiff, in favor of the defendant: Provided, that ovmIp?.1 the balance in favor of said defendant, does not exceed the sum of thirty dollars, including both principal and interest. 51. Sec. II. In all cases where the defendant's demands or claim if over $30 exceeds the sum of thirty dollars in balance, then it shall be the credlt' duty of the Justices to enter a credit in favor of the plaintiff, for the amount of his debt on the defendant's claim. 52. Sec. III. When the claim of the defendant is an open ac-Op™ ac¬ count, the Justices may allow such open account to be proven in Court: Provided, that neither of the parties shall be allowed to prove Proviso, their accounts, by their own oath, in any sum over thirty dollars. Sec. IV. All laws and parts of laws militating against this Act, be and the same are hereby repealed. [Statutes omitted as obsolete, repealed or superseded. Provin¬ cial Act of 1760, Watk. 63; Act of 1789, Watk. 413; of 1797, Vol. I. 287; of 1801, Vol. II. 17; 1842, (four months sessions.) Pam. 68; 1813, Pam. 119.] LAND.—Ancient Grants.—1765. South Carolina grants. 655 LAND.* ART. I. ANCIENT GRANTS. » II. ERRORS IN GRANTS. «' in. HEAD RIGHTS, LAND COURTS, &c. " IV. LOTTERIES—SALE OF RESERVES, &c. REVERTED LOTS, &c. « V. PROCESSIONING. ART. I. ANCIENT GRANTS. An Act for establishing and confirming the titles oj the several inhabitants of this Province to their respective Lands and Tenements.—Approv¬ ed Nov. 24, 1759. Yol. I. 309. [Grants since 9th June 1732, made good against all previous to that time.—Prince, 512.] An Act for the better strengthening and settling this Province, by compelling the several persons who claim to hold Lands within the same, under any Grant or Gra?its from his Majesty, witness- ed by the Governor of South Carolina,f to bring or send into this Province a. number of white persons, or negroes, in proportion to the Lands they claim to hold, agreeably to his Majesty's royal instructions for granting Lands and to cultivate and improve the same; and for better ascertaining the said several tracts of Land, by regulating the surveys and marking the lines thereof, and record¬ ing the several Plats in the Surveyor General's office ; Also, for registering and docketing such grants hi the other proper offices in this Province.—Approved March 25, 1765. Yol. 1. 310. Prince, 513. Sees. I. and II. [Requires South Carolina grantees in six months *The vast number of Acts under this prolific head has, rendered it necessary to omit the body of such as appeared of no practical value. If it becomes necessary, it will be eaSy to hud them. t'fhis may refer to grants issue:], by" Governor Boon in 1763. It is known to most of the citizens of this State, though perhaps not to all, that Georgia was taken out of the larger colony of Carolina. This was done by royal letters patent of the 9th of dune, 17312, to Cen. Oglethorpe and the other trustees appointed to establish a settlement. Granting to tiiein, for the purpose of the trust, the lands between the Savannah and the Altamaha rivers ; and westward ircm the heads of these rivers (as was afterwards settled by thepc-arc of Pair's, in 1763) to the Mississippi. In the same year (of 1763) a royal proclamation annexed to Georgia " all the lands lying between the rivers Alta¬ maha and St. Mary's." This gave rise to one of the territorial disputes (as to the lands westward of the sources oi these rivers) which was settled by the convention at Beaufort [Vol. I. 662.] It is South Carolina grants, previous to this proclamation, for land's between those rivers, and below a line from the head of St. Mary's to the conflu¬ ence of the Oconee and Oeinulgee, to which this Statute must relate.—Prince. LAND—Errors in Grants.—1827. Frauds—Governor and Secretary may correct—Errors in spelling. to make known their grants to the Governor, and make proof of the same. Sec. III. [Provides for record of these grants, and declares all failing to comply with this Act, void.] Sec. IY. [Lands improperly surveyed to be rc-surveycd, or else, Sec. Y. Grants are void.] An Act to prevent jrauds and abuses in the Admeasuring and laying ovt his Majestifs Lands in this Province.—Approved March 5, 1765. Yol. I. 313. [Obsolete.] ART. II. ERRORS IN GRANTS. Sec. 2. Errors prior to 1827. " 3. Errors in spelling, See. " 4. Errors in Lottery, 1821. " 5. Correction where grant is lost. " 6. Advertisement. " 7. Record. Sec. 8. Grants to two persons. " 9. Refunding fees. " 10. Cf old and land lots—errors. " 11. Omission by Secretary. " 12. Grants not recorded. An Act to authorize the Governor and Secretary of State to correct any errors that may have taken place, or may hereafter take place, in issuing any grant or grants in any of the Land Lotteries of this State.—Approved Dec. 22, 1827. Yol. "IY. 264. Error.? to be 2. From and after the passing of this Act, the Governor and Sec- irtsiiln^ inretary of State shall be authorized and required to have any error or grants. errors that may have taken place, or may hereafter take place, in is¬ suing any.grant or grants for any lot or lots of land in any of the aforesaid land lotteries of this State, when the same may be present¬ ed at the proper offices for correction ; any law to the contrary not¬ withstanding.* An Actfor the relief of certain drawers in the recent Land Lottery. Approved Dec. 22, 1827. Yol. IY. 340. Whereas, many mistakes from bad spelling and transcribing the names of persons entitled to a draw or draws in the said lottery doc3 exist, to wit, in the Counties of Lee, Muscogee, Coweta, Troup and Carroll; for remedy whereof, 3. Be it enacted, That whenever it shall satisfactorily apjjcar to hi-rcctin-' that a mistake has been committed, either by the commissioners, their clerks, or the person originally registering their names n the different Counties, it shall be the duty of his Excellency the Gov¬ ernor, and he is hereby required to order such alteration made as will secure to the bona fide drawer his right, his heirs or devisees, accord- * A menu, d m 1837. fiec. 5. LAND—Errors in Grants.—1828-'37. All mistakes corrected—Original need not be produced. — . : * Ing to the justice of the case and the truth of the matter; and all grants which may issue in consequence of such mistake thereby shall be null and void: Provided however, the holder of such grant Proviaa or grants issued through mistake do return the same to the Execu¬ tive, his Excellency the Governor is authorized and required to re¬ fund to such grant holder the sum of money paid as office fees, and he shall then cause the true name to be inserted therein, in the rec¬ ords of the different offices, which grants when so altered shall be good and valid in law ; any thing to the contrary notwithstanding : And provided also, that nothing herein contained shall deprive the Provisa» State of its proper fees on the grant or grants that may be so cor¬ rected and issued, from the proper grantee. An Act for the relief of certain drawers in the Latid Lottery of 1821, in all cases.—Approved Dec. 20, 1828. Yol. IY. 270. 4. Whereas, many mistakes from bad spelling, and transcribing the names of persons entitled to draw or draws in the land lottery of 1821 do exist, to wit: in the Counties of Dooly, Houston, Monroe, Henry and Fayette; for remedy whereof, Beit enacted, That whenever it shall satisfactorily appear, that a™Govcr- mistake has been committed either by the commissioners, their clerks, ^mistake? or the person originally registering their name "n the different Conn-^fied. ties, it shall be the duty of His Excellency the Governor, and he is hereby required to order such alteration made, as will secure to the bona fide drawer his or her right, his or their heirs or devisees, ac¬ cording to the justice of the case and the truth of the matter, and all grants which may issue in consequence of such mistakes to be null and void ; Provided, however, the holder of such grant or grants is- Proviso sued through mistake, do return the same to the Executive, and His Excellency the Governor is authorized and required to refund to such grant holder, the sum of money paid as office fees, and-he shall then cause the true name to be inserted therein in the records of the different offices, which grants when so altered, shall be good and valid in law ; any thing to the contrary notwithstanding : Provided also, rrov:3a, * that nothing herein contained shall deprive the 8tate of its pro] er fees, on tho grant or grants that may be so corrected and issued, from the proper grantee. An Act to amend an Act entitled an Act to authorize the Governor and Secretary of Slate, Surveyor General and Compirollv Gen¬ eral, to correct any errors that may have taken place in issuing any grant or grants. in any of the Land Lotteries of this State, puss- cd Dec. 22, 1S27.—Assented to 25th, Dec. 1837. Pam. 121. Whereas, under the above recited Act, the practice has been to cor¬ rect errors in such grants only, as when the original grant was pro¬ duced, and cases have arisen, wherein the original grant was lest or destroyed, or not in the possession of the fortunate drawer, or his, 83 658 LAND.—Errors in Grants—1837-'43. Alius grant—N lire—( r mts to two pcrcons. her, or their representative, so that the same could not he produced for correction under the above recited Act. For remedy whereof, gov?™*, 5. Sec. I. Be it enacted, That from and after the passing of this state, &L° Act, the Governor, Secretary of State, Surveyor General and Comp- errors.correct troiler General, shall be, and they are hereby required to correct any error or errors in their respective offices, that may have taken place .in the transcribing the name or names of the fortunate, drawer or drawers, or in any other matter or thing connected with the issuing of any grant or grants, and also to correct any error or errors which may hereafter take place in t he issuing of any grant or grants, for any lot or lots of land, in any of the aforesaid Land Lotteries of this Statfy Mias grant, where a 11>lication shall be made by the fortunate drawer or drawers at their respective offices, for the purpose aforesaid ; and that upon the correction of any such error or errors being made,in cases where the ori- • ginal grant is not produced, his Excellency the Governor, shall cause an alias grant to issue, conforming to the corrections hereby author¬ ized and required to be made, and such alias grant, shall inure and take effect from the date of the issuing of the original grant, and shall be held, deemed and taken in the several Courts of Law and Equity in this State, in lieu of, and as a substitute for, such original grant.1 fdPvPertiscdn 6- Sec. II. Where there is an application for an alias grant, under for c mos. the provisions of this Act, his Excellency the Governor, shall cause the same to be adve'rtised in one of the public gazettes of this State, ^i^eoff°r six months previous to the issuing of the same, and that the ex¬ pense of said notice shall be paid by the applicant when taking out said alias grant. kept ofthese ^' ®EC' r^'le officers herein named, shall keep on file in proceedings, their respective offices, a record of their several proceedings under the provisions of this Act. Sec. IV. [Repeals all conflicting laws.] An Act to authorize his Excellency the Governor to correct any error which may accrue by the issuing two grants for the same lot or number of land to two different persons, and for other purposes.— Assented to Dec. 28, 1843. Pam. 73. Governor 8. Sec. I. Be it enacted, That his Excellency the Governor be, may correct , . - . . , . . , . : . . . errors in and he is hereby authorized,'when it is manifestly shown, that pro^rijifc- through the oversight of any of the officers of the Executive De- 8Ued' ' partment, where two grants shall have been issued, or may hereafter be issued to two persons for the same number or lot of land, to have the error corrected, and set aside the grant thus improperly issued, and to correct such other errors as he may deem expedient, when grants have been improperly issued, ami rchinrj 9. Sec. II. It shall be the duty of his Excellency, and he is v so have ne re by authorized to draw his warrant on the contingent fund, in fa- paid improp¬ erly. (1.) This Act is unconstitutional, as far a3 third persons are concerned. 7 Ga. 172- band.—Errors in Grants.—1845-47, 659 Land lot for Gold lot, &c.—Omissions to Record. vor of the persons to which said grant improperly issued, for the amount paid for the same.* An Act for the correction of errors in plats and grants, and to au¬ thorize the Governor to issue copy plats and grants in certain cases. —Approved Dec. 26, 1845. Pam. 32. Whei'eas, it appears that errors have been made in the issuing of plats and grants from the Executive officers of the State, and for remedy whereof, 10. Sec. I. Be it enacted, That in all cases of error in which a Governor plat or grant has been or may hereafter be issued for a gold .lot instead Errors in0 of a land lot, or for a land lot when it should have been a gold lot, or g^nta!* where a mistake has occurred in the name of the drawer, the num¬ ber of the lot, the district, the section or the County, it shall and may be lawful for the Governor to alter and correct the same, by or¬ dering a proper plat or grant to be annexed; to sign or cause to be sign¬ ed, the names of the public officers, who were in office when the same issued, and to order such alteration in the public records in relation thereto as that they may conform to such corrected plat or grant. Pro- Noteofgugh vidcd, That upon the face of each corrected plat or grant, a note shall correction, be made of such correction, and the datepf the Executive order, au¬ thorizing the same. 'And provided further, That in any case the pro~ original plat and grant shall be produced before such alteration shall be ordered. 11. Sec. II. .In all cases when the name of the Governor has whereomis- not been signed to the records of the Secretary of State's office in by secretary the transcription thereof, and the like omission in the registry of some vernoremay" of tire lottery grants of more recent date, it is and shall be lawful for gr3*\®tscopy his Excellency the Governor to cause to be issued copy grants. to and in the names of the several - fortunate drawers, when it does satisfactorily appear from the proper entries in the other offices, that the original grants have been previously issued. An Act to authorize and. require the Secretary of State to record certain grants which have heretofore issued.—Approved Dec. 29, 1847. Pam. 108. Wh crras.it is represented that certain grants have been issued by the State of Georgia, which are marked as registered in the Secretary of State's office, and of which no record can be found. 12. Sec. I. Be it therefore enacted, That the Secretary of State Grant?not be and lie is hereby authorized and required to record in his office ^recorded any grant or grants for lands which have been issued and which have gyaj°c'y of been certified to be recorded by the Secretary of State, but the re¬ cord of which cannot be found: any law to the contrary notwith¬ standing. By ltesobiti'm, 1840, Pam. IDS, the Governor was authorized to appoint two per¬ sons to examine and correct the Record of Grant* from 1783 to 1792, who were requir¬ ed to k:cp a j jin'iial of all corrections made; they were also required to examine the Indexes of the Records of Grants from 1783 to the year 1840, and if incomplete, make them complete. •See " State Officers." see f>9. 650 LAND.—Head Rights, Land Courts, &c.—1777. Analysis—Land odiee opened—Head Rights. ART. III. HEAD RIGHTS, LAND COURTS, COUNTY SURVEYORS, &o. Sec. 13. Land office—licad-rights. II Residence—Precedence. 15. Residence before sale. 16. Survey—transfer of -warrant. 17. Grist or saw mill. 18. Iron works. 19. Forge, See. 20. Former grantees. 21. Grants on former allotment. 22. Record of Grants. 23. Head-rights. 24. Preference to settler3. 25. Forge, bloomery, &c. 26. Grants, when plat lost. 27. Void surveys. 28. Claims of Indian traders. 29. Public Act—bounty land. 30. Land office—head-rights. 81. Bounty warrants. 32. Settlement and cultivation. 33. Surveyors, General and County. 3 f. Caveat, trial. 35. Land Courts. 3 5. Aoplicant's oath—warrant, 37. Clerk of Land Court. 38. Duty of Surveyors. 39. Land Courts. 40. Only one in a County. 41. Head-rights in Franklin and Wash ington. 42. Citizens of other States. 43. County Surveyors. 44. Grants without settlement. , 45. In Franklin and Washington. 46. All other vacant lands. 47. Perjury—effect of. 48. Void surveys. 49 Running across lines. 50. Two grants—penalty. 51. Warrants—renewal. 52. County lines. 53. Record of grants. 54. Warrants—limitation. 55. Names of Surveyors, and C. C. 58. Form of grants. 57. Signature of Governor 58. Land Courts. 50. Beginning corner. 60. Stay of proceedings. 61. Transferred warrants. 62. Grantee dead or married. 63. lie-survey." 64. Surveyors duty. 65. Notice of re^survey. 66. Bounty warrants. 67. Fees, on head-rights. 68. Repealing Act. 69 Fees of Secretaries of Governor. 70. Caveat Courts. 71. Executive jurisdiction. 72. Trials of caveat—appeal. 73. Clerk of Inferior Court. 74. Time extended. 75. To Dec. 25, 1351. 78. Surveys under Act of '47. 77. Record of plats. An Act for opening a Land Office, and for the belter settling and strengthens g this State.—Approved June 7, 1777. Yd. I. 316. Whereas, there remains much vacant and uncultivated land in this State, the settlement of which is of the highest importance, wherefore it b comes necessary that all due encouragement should be given to persons to come and settle in this State, and by that means promote the increase of its inhabitants : Land cffice 13, Sec. I. Be it tinreforc :fiars' r®si- i in i i ■ i -i dcncc there¬ of five years, he or they shall not be allowed to assign tne said grants on. or allotments, and such assignments are hereby declared to be inval¬ id and of no effect; and such lands so assigned shall be deemed vacant, and may be re-granted to any person or persons who shall prove to the satisfaction of the Governor and Council, that the former possessors or occupiers of such lands have actually left the same, and this State. 16. Sec. V. No other charge or expense, except the rent of twotwoshii- shillings for each hundred acres of land as heretofore, shall be laitl hundred on the said lands, but the expense of surveying and granting the fees! same,]: for and during the space of one year. And the lands so to be granted shall be surveyed and laid out in the following manner, now to be viz : In either a square, or oblong figure, the length not to be moresurveyed* than double the breadth, as the nature of the lands may be, unless such as may lie between lands already granted, or that may hereaf¬ ter be granted, and be bounded by such lines as may be necessary, or where spch lands lie between the forks of riveis or creeks, then •Nine months, by Act of 1780, sec. 23. See also, sec. 30 and 32. Dispensed with in. 1784, sec. 44, and again required by Act of 1785, sec. 47. fSee further, as to pre-emptions, sees. 21 and 37. JPurch^se money required in 1783 and 1784, sees. 30, 33, 42. Grants fee in 1735, B®c. 45. 662 LAND—Head Rights, &c.—1777. Grist mill—Saw mill—Iron works—Forgo—Grants. Transferred to be bounded by the said rivers or creeks and all persons that warrants. }iavc lands ordered them, and have not taken out grants for the same, or sold their warrants or rights for the same, or are cither dead or left the State, such person or persons as have bought such warrants or rights and titles as aforesaid, and continued in this State, shall have such lands granted them, agreeable to such 'order or war¬ rant so purchased.f rorsons^ 17. Sec. VI. And in order to encourage the building of mills yri'dmiii o" in this State : Be it enacted, dye. That if any person or persons entitled to"1'shall build or cause to be built, a grist mill on any vacant land, acr«.uudrcd or tkay shall have one hundred acres of land reserved until the said mill be built and fit for use, and then shall have, and be en- Fora saw- titled to receive a grant for the same ; and every person or persons hundred6 building, or causing to be built, a saw-mill on vacant land, shall have acres. five hundred acres of land reserved until the said mill be built and fit for use, and then shall have, and be entitled to, and receive £ grant for the same, as an encouragement for building such saw-mill, he, she, or they, paying the usual fees for surveying and granting the said lands. two th™ks' 18. Sec. VII. Any person or persons willing to build a furnace sand acres, or bloomery for working iron, and that will give security , for com¬ pleting the same, and shall actually continue making iron for the term of five years or upwards, shall be entitled to a reserve of two thousand acres of land, in one tract, and at the expiration of said term to have a grant for the same.X Forge for 19. Sec. VIII. Every person or persons who shall build a forge iron, two for making of bar iron, and give security for completing the said acres.and work, and shall actually continue the business of making bar iron, for the term of five years, shall be entitled to a reserve of two thou¬ sand acres of land in one tract, at the expiration of the said term, and shall have a grant for the same.J Former 20. Sec. IX. No person or persons who have had lands already entitled! "° granted for their family, shall be entitled to land under this Act. Continua- Sec. X. This Act shall continue and be in force until the first ' n* day of January, in the year of our Lord 1778, and from thence till the end of the next session of the Assembly. An Act to amend and repeal part of the foregoing.—Approved Sept. 16, 1777. Vol. I. 318. Sec. I. [Repeals the third section of the foregoing.] 21. Sec. II. If any person or persons have heretofore had allot¬ ments of lands within this State, on any special contract heretofore made, and have paid the deposit money required, such person or per¬ sons shall have a grant or grants for the same. And whereas, the Constitution of this State directs, that each County shall keep the public records belonging to the same ; and as Holders of fornjer allot¬ ments, &c. to have grants for the same. *As to marks and stations, see sec. 43. See also, 'sees. 55, 59. +But see sec. 51. JSee also, sec. 25. LAND. —Head Eights, &c.—1780. 663 Head rights—Families. A change of Government may have rendered it unnecessary that the grants of land should be audited as formerly: 22. Sec. III. Be it enacted., £fc. That all surveys which are le-Grants to ba gaily made and returned into the Surveyor General's office, shall be Survey" recorded, and a certified .copy thereof delivered to the Attorney for offijfeMdm the State, so that fiats may be by him prepared and delivered with- lhe oounty Surveyor's out delay to the Secretary's office, that grants may be made out and office, signed for the said lands agreeable to the Constitution, which said grants shall be registered in the County where such land lieth;* which record shall be, and is hereby declared to be good and valid in law, any thing hereinbefore to the contrary in any wise notwith¬ standing. Sec. IV. This Act shall be and continue in force until the first continaa- day of January next, and from thence to the end of the next ses¬ sion of Assembly. An Act for the more speedy ayid effectual settling and strengthening this State.—Approved Jan. 23, '1780.+ Vol. I. 319. Sec. I. to XI. [Local.] And whereas, the rich and healthy lands in Wilkes County and elsewhere, in this State, remain unsettled to the great detriment of the commerce and strength of the same, while many of the citi¬ zens of this State are suffering by their lands being in the hands of the enemy ; and others being willing to settle and defend the same, as heretofore mentioned. 23. Sec. XII. Be it therefore enacted, Spc. That every citizen Head-rights of this State, as well as any citizens of any other State, shall be entitled to a grant of land, in the following manner, viz : two hun¬ dred acres of laud for the he£d of a family, and fifty acres for each member of the same, whether white or black ; to-be laid out any where in this State, not in the possession of the Indians. Provided, Proviso, that every such person, before he shall obtain such grant, shall bring mu^bring the whole of his family into this State, and himself take and subscribe the oaths'of government. And provided also, that he shall give se- ^g^fe ov curity to his honor the Governor and Council (or settling the same ernment, within nine months next thereafter. months. 24. Sec. XIII. Where it shall appear that the commissioners preference under the former government sold and made allotments to any per- ^ sons, who have settled, and still possess the same, such persons shall *°m- have grants in preference to any other persons whatever. Sec. XIV. [Exempts Wilkes settlers from militia service for two years—obsolete. Sec. XV. Directs 100 acres of land to be laid off for the town of Washington, to be sold and granted as directed in this Act respecting the lots in Augusta. See Vol. I. 319-20. Lo¬ cal. Sec. XVI. Directs all holders of surveys, who are out of the State, to come in and settle their lands, within three months from •Dispensed with sec. 53. fProbably 1783. See note of Mr. Prince, page 519, of his work. 664 I,AND.—Head Rights, &c.—1780-'81. Bloomery, &c.—Plats lost—Yoid grants—Indian traders. the proclamation which the Governor is empowered to issue, or their lands shd1 be deemed vacant. Time extended, see sec. 46.] Sec. XVII. [Form of grants superseded. See sec. 56, and note.] And whereas, it will tend greatly to the interest and strength of the State to establish manufactories ot iron: to the end therefore of en¬ couraging able and proper persons to undertake the same, goooacres 25. Sec. XVIII. Be it enacted, tyc. That any person or persons persons giv- who will give approved security to his honor, the Governor and toSbunaUaty C°uncil> fur erecting proper and effectual works for that purpose, forgo,bioom- shall be entitled to. a grant of two thousand acres for a forge, and Back two thousand acres for a bloomery, and two thousand acres for a fur¬ nace. And whereas, it may so be that a number of warrants and returns of plats may be lost in our late confused state : for remedy whereof, Grants to is- 26. Sec. XIX. Be it enacted, fyc. That where it shall appear the plat"0 UP011 oath that any such paper or description of laud may have been &c. are lest lost, that grants shall pass for the same notwithstanding, free of new expense.f surveys on 27. 8ec. XX. No warrant, survey, or plat, made or laid out in iand*deciar- the lands yet within the lines of the Indians, shall be held valid, and ed^uiiand the same is hereby declared null and void, to all intents and purpos¬ es whatever, nor shall any grant which may hereafter be surreptitious¬ ly obtained, be deemed legal, or of any effect. Sec. XXI. [Temporary.] Sec. XXII. [Empowers the Governor to issue a proclamation and send agents to invite settlers—obsolete.] Whereas, certain persons, citizens of this and the State of South Carolina, and friends to the independency of the same, claim, that the lands in the County of Wilkes were originally given up and ceded to the government of Great Britain by the Creek and Cherokee In¬ dians, in satisfaction and discharge of certain debts and arrears due by the said Indians to the said certain persons commonly called In¬ dian traders, claims of in- 28. Sec. XXIII. Be it therefore enacted, That.any person hav- tolamuin*3in§ or pretending to have any such claim, do lay their claims and ac- wjikes co. counts before this or some future house of Assembly, to be examined; ined and ad and whatever claims shall be found just and proper, and due to the Assembly.116 friends of America, shall be paid by treasury ceit'ficabes for the amount, payable within two, three and four years, and carrying six per cent, interest. Sec. XXIV. [Appoints commissioners for Augusta and Wash¬ ington—-Local and temporary.] a public Act. 29. Sec. XXV. This shall be deemed a public Act, and shall be given at any time specially in evidence. An Act to amend the several Acts for the better regulation of the Milir tia oft his State.—Approved Aug. 20, 1781. Watk, 238. [Bounty ot two hundred and fifty acres of land, exempt from tax¬ ation ten years.] tSee sec. 62. LAND.—Head Rights, &c.—1783. * : : Land office—Settlement—Surveyor General. 66 S An Act for opening the Land Office, and for other purposes therein mentioned.—Approved Feb. 17, 1783. Yol. I. 323. Whereas, it will tend much to the benefit and advantage of this State, that the imlocated lands within, the sahie be granted out, and that all due encouragement be given to the immediate settlement thereof, 3i). Sec. I. Be it. therefore enacted, Sfc. ^That from and imme- Land-office diately after the passing of this Act, the land office shall and theopeHe<1, same is hereby declared to be opened, and all and every person and persons applying for land agreeable to the terms hereinafter mention¬ ed, shall be entitled to a grant of the same, that is to say, each mas-i-iead rights, ter or head of a family shall be allowed as his own head right, and without any other or farther charges than the office and surveying fees, t\yo hundred acres; and such person shall also be permitted to purchase* at the rate of fifty acres for each and every head right in his family,, on the following terms, that is to say, one shilling per Rates 0f acre for the first hundred acres, and one shilling and sixpence perpurchase* acre for the second hundred acres, two shillings per acre for the third hundred acres, and two stuffings and sixpence for the fourth hundred acres, and so on in the same progression, according to the number of head rights in such family : Provided the quantity of land granted lwiso. and sold to any one person shall not exceed one thousand acres,f and no one per- that such person do live on and cultivate a part of the said land,-twelve ceive mere months before he or she shall be entitled to a grant for the same; Awe? acres.1'009 also farther prodded, that such person hath not heretofore received the head right for which he or she then applies, either under the tle,1T!ent.and P . . . n n ' cultivation present ortormer government ol this State. necessary. And whereas, this State hath made engagements to the soldiery and other troops, which injustice they ought to fulfil; 31. Sec. II. Be it therefore enacted. That in case any officer or The gover- . , . , , . . r n«r shall is- soldier, or other person, claiming under such engagements as afore- sue warrants said, shall produce a certificate from his honor the Governor, for the Lndithers', time being, that a tract or tracts of land is or are due to him, that the^'certifi- thea such officer, soldier, or other person, shall be entitled to a war-C!Ltes- rant and grant for any unlocated lands (agreeable to the quantity contained in his certificate) within this St&te. 32. Sec. III. Every person applying by head rights, as aforesaid, shall previous to his obtaining a grant for his land, orhavingit in his tion necessa- power to dispose of the same, (otherwise^ than by will,) settle and [ng'a grant?" improve a part of such tract or tracts, as he may obtain a warrant and survey of, for the space of twelve months as aforesaid, and ac¬ tually cultivate and clear at three acres at least for every hundred acres of the said land. 33. Sec. IV. There shall be a Surveyor General for the State, to be a sur- and also a Surveyor for each County, annually chosen by the Legis- erai7omh« lature and such County Surveyors, so elected, shall have power to fu^ve'yomo? each County. . *See sees. 45 and 46. tSee sees. 45, 46 and 47. jCountv Surveyors now elected by the people; see " County Officers," sec. 3. 84 666 LAND.—HEAD RIGHTS, &c.—1783. County Surveyor—Cave&ts. Dmy<.f appoint one or more assistants if necessary, and the aforesaid County vey"rZ Sui Surveyor or his assistant or assistants are hereby authorized to lay out and survey, to any person or persons who shall apply, all such lands as. he, she, or they may have obtained a warrant for, and the said County Surveyor is hereby required to keep an office in that part of the County where the Superior Court is holden, in which Shall record said office shall be recorded all such plats or surveys belonging to months, "&c. such County, as shall be made within two months from the date of ""dpy'there1 the warrant; and the said County Surveyor shall also transmit to monthsuf t'ie Surveyor General a fair copy of the same, tegether with the or°Gene~ai'swarran^' t^ree months from the date of the latter; and the office. Surveyor General shall record such plat in his office, and when and as soon as the full consideration money for the said land, (if granted on purchase as aforesaid,) together with office fees shall be paid, Duty of the the said Surveyor General shall record such plat in his office, and pass Surveyor A 1 General. the original into the Secretary's office for a grant thereof, to be made ecutlng ex~ out and signed by the Governor, or in his absence by the President grants. p01. ^me pejng? w}ien the party shall be entitled thereto, under the terms aforesaid; and the said grant, when signed as aforesaid, shall be returned into the Secretary's office, to be there sealed with the great seal, and registered; and thereafter the same shall be trans¬ mitted to its proper County, and lodged in the office of the County Surveyor, to be there recorded,* and there delivered out to the teVipsfd tffgrantee- Provided always, that in case the consideration money the purchase for any lands granted on purchase shall not be paid into the treasu- officefee" ry, and a certificate thereof lodged with the Surveyor General, mos!'d (which shall be the proper mode of paying all purchase moneys for lands granted under this Act,) and also all office fees paid within twelve months from the date of the warrant, then and in such case the land mentioned and contained therein shall be deemed lapsed,' and liable to be granted out to any other person who shall apply for Grants not and prove rights agreeable to this law for the same. And also pro- caveat is'f vided, in case any caveat shall he entered against the passing of any fiied. grant, that then the signing and sealing of the same shall be stayed until the determination of such caveat. ehalTb^en- ^4. Sec. Y. All caveats against the passing of grants, shall be teredinthe entered in the' office of the County Surveyor where the land liesi County Sur * i n • • i /• 1 i • • i it veyor's of- who shall give notice thereof by advertisement m the most public Vertised thir- place in the said County, at least thirty days before a final determi- ModoYof nation is had on such caveat. And the manner of trying such caveat ttial- shall be as follows; The Justices of the County, or any three or more of them, shall on the day succeeding the day on which they meet for the purpose of granting warrants for lands, cause to be drawn and summoned out of the bystanders (being freeholders with¬ in this State) a jury of twelve men, who being duly sworn to try the matter according to Law and Equity, shall immediately proceed to try and give their verdict thereon, which shall be final and con¬ clusive.! And the said County Surveyors shall once in every month, ♦Dispensed with; see sec. 53. tAppeals allowed; see sees. 57, 72. LAND.—Head Rights, &c.—1783. Land Court—Form of oath—of warrant. when they respectively transmit to the Surveyor General fair copies The county of plats, together with warrants as before directed, also transmit and send to the said Surveyor General a regular- account of all caveats afn depending or determined in their respective Counties, in order that the caveat's d<*- . pending to same may from time to time be laid before his honor the Governor the surveyor and Executive Council, as a guide in respect to the signing of grants. Generd1- 35. Sec. YI. A majority of the Justices belonging to each Coun- Warrants ty# shall be empowered, and they are hereby required, on the first ^d>on°thean" Monday in each month, f and for as many days immediately follow- eV^r°ynday ing as they shall find it necessary, to hold a Court (at the place month, where the Superior Courts of such County are usually held) for the purpose of receiving applications for, lands, according to justice and the true intent and meaning of this Act; they the said Justices, or a majority of them, shall order warrants to issue, and the same shall be signed by the senior Justice then .present, and attested by the Clerk, commanding and requiring the County Surveyor to lay out and ad¬ measure such tract or tracts of land, within their respective Counties, as they shall think fit to grant under the terms and directions con¬ tained in this law. 36. Sec. YII. All and every person and persons, before he, she ^r?°nsf£P- or they, shall obtain a warrant or warrants for any land within this warrants* to State, shall on oath declare, before the said Justices holding a Court fore^the"!^ as aforesaid, that he, she, or they, hath or have not taken up or ob-tlces' tained land in this State for the head rights, or any of them, at that time applied for ; and also that he, she or they, doth or do not hold, nor have had granted, under the present or former government, to him, her, or them, on head rights as aforesaid, any quantity of land exceeding one thousand acres, nor more land than, together with what is at that time applied for, will make a quantity exceeding one thousand acres; and such person or persons shall also at the same time produce a certificate, signed by two or more Justices of the County, he, she, or they last resided in, or such other credentials as their hones- will satisfy the Court ot the honesty and integrity of the person or dty.nd intuaty shall be a part,) shall constitute a board, and be competent to do and transact all and singular the business pomted out and required by the said Act to be done by a board of Justices. Sec. III. [Directs that audited certificates (if brought in within one year,) shall be received as specie in the purchase of lands—tem¬ porary.] Sec. IV. [Proclamation for non-resident holders of warrants, to 'come in and locate in 12 months, or else the surveys void.] Sec. V. [Grants 'to issue to widows and minors gratis, when fees have been paid by husband or father.] 40. Sec. VI. Nothing in this Act contained shall extend, or be Not more construed to extend to authorize and empower the Justices, (in num- LanYcourt ber before mentioned.) who shall be met and convened for the pur- pose of granting lands, to hold more than one Court, at one and the p"aeCgiineani same place and time : And the assistant Justice then present, who shall be the senior, either by an older commission or by being first named in the same commission with others, shall preside in the said Court, and shall be invested with all and singular the powers given to, and be under the directions pointed out for the president of the board of Justices in and by the " Act for opening the Land Office," before mentioned. ; An. Act. f>r laying out. two or more Counties to the westward, and point- in (r out. the mode of granting the same.—Approved Feb. 25, 1784. Vol. I. 330. Sec. I. [Temporary—-Indian line.] Sec. II. [Boundaries of Franklin and Washington Counties.] • 41. Sec. HI. Any person or persons desirous of making appliea- lion for lauds in the aforesaid Counties, shall prove his, her, or the If must provo their n^*lit3 rights, either before the Governor and Council for the time being, heir re mo or one assistant Judge and two justices of the County where such a,id council, person or persons reside, and a certificate thereof under the hands of such Justices, or proof before the Governor and Council as aforesaid, Justices in 1 , . n , • tf)e County shall entitle tnc person or persons so applying, to a warrant tor his. whorotiiey her or their rights, proved as aforesaid, so as the same shall not ex- No'person ceed one thousand acres to any one person whatsoever. And the foreman Governor and Council are hereby requested and empowered to pro- ^^rantst® ceed in the manner hereinafter directed for granting the same, and to be preferred according to keep a book of entry, and enter therein the names of such persons number." as may apply for warrants, and also the date and number of each warrant by them granted, winch shall be located in some particular ♦2d Monday in January, see «• Executors, &c." sec. 20. 670 LAND.—Head Rights, &c.—1784. Surveyor—Lines—Settlements dispensed with. County. And when it shall so happen that two or more persons ap¬ ply to a Surveyor, to survey one and the same tract of land; then and in that case the said Surveyor shall decide and give the prefer¬ ence to the person whose warrant is first numbered, citizens of 42. Sec. IV. Every citizen of this State, or of any other of the states°seter United States, that shall come with an intent to settle, and form An tiing hers, actual residence in this State, shall be entitled to a warrant of survey warrants^ot for any quantity of imlocated lands within the aforesaid Counties in acres, manner aforementioned, so as the same shall not exceed one thousand Provided acres to any one person whatsoever. Provided, that such person or they have persons have not already taken up his, her, or thdir head rights, agree- taicen up able to an Act for opening the land office, passed the seventeenth day rights.0ad of February, 1783 ; and shall pay the fees of office at the time of ap- beffipcaei^est0 plying for such warrant or warrants. Sec. V. [Grant fees, 3 shillings per acre.] * _ ' ■ . Sec. VL [Cultivation of three acres in the hundred, in the first year, exempts the lands from taxes for three years thereafter.—Ob¬ solete.] county sur- 43. Sec. VII. A County Surveyor shall be appointed for each appo?nt°jfor Uouuty,* w;ho shall have the power of appointing assistant Survey- each coun- ors, not exceeding six in number, in each County. And the said poi'n'tbix de- County Surveyors are hereby required to lay out and appoint a dis- putie3. tl^ct for each anq every such assistant Surveyor, who.shall be au¬ thorized to survey within such district only,' and shall make his re¬ turns to the County Surveyor, who shall keep a record thereof and' Lines shall transmit the same to the Surveyor General , as the law directs. And marked with t':iG sa^d Surveyors are required distinctly to mark the lines round' each3'ex"j eac'1 aii(^ every tract which shall he by them surveyed,.and make at cept'natural least two stations on each line, except such lines as are marked by boundaries. , , ' natural boundaries. Sec. VIII. [Warrants to Virginia petitioners.] Sec. IX. [Appeals in caveats, superseded.] Sec. X. [Reserves land between North and South Forks of Oco¬ nee for twelve months, for seamen and soldiers.] Secs. XI. and-XII. [Land reserved for University. See. title "University and Colleges/'] Sec. XIII. [Reserve warrants for non-residents, for twelve months.] Sec. XIV. [Fifteen acres per hundred added to soldiers' bounty, in lieu of exemption from taxation.] Sec. XV. [Temporary.] The Govern 44. Sec. XVI. That his honor the Governor be requested to grant/on°n sign grants for all surveys of lands that are or may lie legally made gauy ma^e, within the late temporary litie. any requisition to cultivate the same, ^ttieme«t.ut or ^aw or custom to the contrary notwithstanding: Provided only, that such person or persons, as may apply for the same, actually re¬ side within this State. Sec. XVII. [Bounty warrants may be located in these Counties.] Sec. XVIII. [Repealing clause.] ♦Elected by the people; see " Countv Officers," sec. 3. LAND.—-Head. "Rights, &>c.—1785. 671 . Purchase money dispensed with—Perjury. An Act to amend and alter some parts, am^ repeal other parts ofjthe , several Land Acts in this State.—Approved February 22; 1785: Yol. I. 334. ' * Whereas, it hath become necessary to make some alterations in the several land Acts of this State: 45. Sec. I. Beit therefore enacted, Spc. That from and after& the passing of this Act, all such lands as remain unsurveyed, or not washingt'n, taken up by some- personjor persons, under a lawful warrant for that granted!16 purpose, in the Counties of. Washington and Franklin,.shall be, and the same, are hereby declared to be put upon the following footing, that is to say: the said lands shall be granted out to any person or persons applying for the same, in. the like manner, by the like rights, and under the like restrictions, as are pointed out for disposing of lands, under the Land Act, passed the 17th day of February, 1783, and the supplemental Act thereto, passed on the 1st day of August, in the year of. our Lord 1783, except only,-that the person or per- 'y®g_ase sons applying forand obtaining such lands, as far as the quantity of one thousand acres, shall not be liable or obliged to pay any purchase nudsiiere- money or consideration for the same, office fees only excepted: Pro- veyed.sur~ vidcd notwithstanding, That for all lands heretofore surveyed by virtue of an Act, entitled, "'An Act for opeiiing the land office, and for other purposes therein mentioned," the owner thereof shall pay the valuation of said lands, agreeable to said Acts. 4(3.. seg; II. All other vacant'lands, in.the Counties of Chatham, ah otherva- Effingham, Burke, Richmond, Wilkes, Liberty, Glynn, and Camden, grant'd shall be, and the. same are hereby directed to be granted out, in the same manner as before mentioned, in respect to the said Counties of Washington and Franklin, that is to say : on head rights gratuitous¬ ly, as far as the quantity fixed by law, and without any purchase money or consideration for the same: Provided also, that such per- Applicants sons, so applying, shall take the following oath or affirmation: "I, A o"ltlpkep"rm B, do solemnly and sincerely swear,1 (or affirm, as the case may be.) thereof, that tlie head rights delivered in by me are just and true, and that I have not, nor hath any person for me, or in my name, taken up or located the head right, or head rights of my family, now applied for, either in this, or any othhr County within this State ; nor have I, or any other person for me, disposed of, or sold the same, so as the head rights of my family may be illegally obtained." 47. Sec. III. Any time hereafter, if any person or persons, con-Persons con¬ victed of having acted contrary to the above oath, after having tak-perjuryfhaii en the same, exclusive of the pains and penalties annexed to perju- 'otjupVnish- ry, shall forfeit the land so fraudulently obtained, and the same shall ™®"1 ®(f P®r- bc from thence considered as invested in the State ; and that no per- ««iW , ■ » ii i • , \ , Lands must son or persons applying, snail obtain any warrant, survey, or grant, be settled unless for himself, or themselves, or for his, ner, or their own family, witbhlns or families ; a id that any person or persons, who shall obtain lands bieto °r under and by virtue of this Act., shall, in eighteen months thereafter, tax. settle on and cultivate three acres for every hundred acres of the same ; and m case of non-compliance, he, she, or they shall be sub¬ ject to treble tax for said lands. 672 LAND.—Head Rights, &c.—1785. Surveyor knowingly crossing lines—"Warrants—County lines. Sec. IV. [Land Courts in Franklin and Washington, as other Counties.] grains of ^EC' ^case alW sllrveys have been made, or grants ob- thellmitVi" taine(l f°r anY lands, lying or being without or beyond the lines of some coun- some one of the Counties of this State, already laid out; all and ev- offemk'rs ery such survey or grant shall be considered as fraudulent, and the. proleeuted. same is hereby declared null and void; and the person or persons mak- be°ing such surveys, or obtaining such grants, shall be prosecuted and tiu tiie sur- punished agreeable to the eleventh section of the Land Act. passed on vey is regis- ^ ' teredaua the, 17th day of Febrtiary, A. D. 1783. No grants shall be signed by the Ooun- till the survey has been advertised by the Surveyor of the County, tj surveyor. at }east three months after it has been recorded by the said County His fee. Surveyor;* and that the Surveyor be allowed one shilling and two pence for every such advertisement, to be paid by the grantee. ' knewmi°y 49. Sec. VI. Where it shall appear that any surveyor has know- ac"os"oSther ino)y rmi across another's line, or surveyed land before surveyed, the lines, or last mentioned survey shall be deemed null and void, and such land before Surveyor liable to a fine of fifty pounds for every offence, to be re- theVu7tsur- covered by action of debt in the Superior Court of the County vey void, & where the said lands shall lie, one half whereof shall go to the par- eurveyor to . or forieit 501. ty who shall inform and sue for the same, and the other half to bo eredVudV paid into the public treasury. [Balance, as to registry of grants, pUed' superseded.] youngest 50. Sec. VII. In case two grants shall be given for one and tho wetcfthe1 same tract of land, each of them obtained within the time allowed oldest in cer py puv tpat SUch case tpe eldest survey shall be deemed tain cases in ' , ' , J twice the valid in law, in so far as to entitle the party who made the first sur- land! ° vey to an action of damages against the ether, and the said land shall be subject to an execution founded on any judgment in such suit, in preference to any other incumbrance or claim whatsoever. Provided, the said suit be brought within five years after the date of the said survey ; and when it shall appear by sufficient evidence to a Court and Jury, that any person hath 'obtained a grant, the right of preference to which lands was at the time of obtaining the said grant, by law vested in any other person, then and in that case, such person so offending shall forfeit and' pay the injured party a sum equal to twica the value of the said lands, or relinquish the same. Warrtnn 5L. Szc. VHI. All warrants already granted shall be, and the Smthfsarn3 are hereby renewed for the term of six months,f instead of Bounty war- three as had been heretofore used, bounty warrants excepted ; which oatof date, shall net be out of date at any time before they are located.]; Sec. IX. [Persons claiming bounties to make claim within 12 months. ] Sec. X. [Line between whites and Indians to bo run.]* Sec. XI. [Local.] 52. Sec. XII. The County Surveyors of each County are here- County Pin'- • veyura shaii by authorized and required to ascertain and run their respective run their own County lines. "Unnecessary. See sec. 53. ti'wo years, see. 5A. JBut see sec. 06. LAND.—Head Rights, &c.—1786-'89. 673 Record and lim. of Warrants—Names of Surveyor and Chain-carriers—Form of Grants. County lines, according to the Constitution'and Laws of this State, except such as are already ascertained, the expense whereof shall be equally borne and discharged by the two Counties whose division line it is. An Act toprevent personsJrorn settling or surveying amy part of the late cession of Lands, between the Rivers Altamaha and St. Ma- ry's.—-Approved Feb. 13, 1786. Yol. I. 337. Prince, 534. Sec. I. [Prohibits surveys and settlement.] 53. Sec. II. So much of the late land law as requires all per-Unnec,sgai7 sons to register their grants in the office of the County Surveyor, rd within twelve months from the date thereof, shall be, and the same county sur- * , i_ , veyor's office is hereby repealed. 54. Sec. III. No warrant shall ever be out of date, if surveyed warrant not within two years from the date of said warrant. . datfin'two years. An Act for the appointment of Commissioners to run the Line designat¬ ing the Indian limiting Ground.—Approved Feb. 10, 1787. Yol. I. 258. - * - . 55. [Surveys within the Indian line void, and offenders punish¬ ed.] In all surveys that may or shall hereafter be made within the gmrES .temporary line of this State, the name or names of the Surveyor and veyors and chain carriers shall be annexed to each plat. riers to be annexed to each plat to be made within the A Supplement to the several Land Laws of this Slate.—Approved Dec.line- 23, 1789. Yol. I. 338. 56. Sec. I. That the Governor be, and he is hereby empowered to direct the form* and manner of passing grants for land through The Govern- the Secretary of the State's office, any law, custom or usage, to the reft tin' mrm contrary, notwithstanding. SfSaStag" 57. Sec. II. That the Governor be, and he is hereby vestedgrailts- with all the powers of Governor and Executive Council, under the ^®s]!i!nsign late Constitution, so far as the said powers extend to the hearing or and hear and •, , • • . r i determine determining on caveats and signing ol grants.f eaveats. 58. Sec. III. Any three or more Justices of the Peace in their respective Counties shall use and exercise the powers given to four Tfimc.in¬ justices, and an assistant Justice, by an Act, entitled "an Act to U,™»Land repeal and amend some part of an Act, entitled an Act for opening Cdurt' the Land Office: passed the first day of August, 1783." Provided, that the said three or more Justices shall each of them sign all war- and each of rants for land by them granted. sigruhcb'nd warrants. t Appeal to Superior Court, see. 72. Power as to hearing caveats repealed, see. 71. -On the llth of January, 1790, the Governor in pursuance of the authority here given, settled the form of grunts thereafter bv an Executive order. This is nearly the 85 674 LAND.—Head Rights, &c.—1794. Surveyor's Bond—Stay of Proceedings. ^gofrner ^9. Sec. IV. No plat of any survey shall hereafter be allowed to dnari^set Pass ^le °fflce °f t^le Surveyor General, or any County Surveyor, forth in the which does not clearly set forth the beginning corner of such survey, plat and no County Surveyor shall be allowed to proceed in the duties of his office without first giving bond, and approved security, in the county sur-sum tvvo thousand pounds,# payable to the Governor for the time veyors to being, and his successors in office, for the faithful discharge of the give bond m ,°7 7 © 2000/, duties required of such County Surveyor. An Act to vest certain Powers in his Excellency the Governor to pre¬ vent Abuses in Persons Surveying Lands already Granted, and Lands Surveyed not within the Limits of any County described by law, and for other purposes.—Approved Dec. 25, 1794. Vol. I. 339. form, and marks, as appear by a plat of the same | hereunto annexed ; together with all and singular the rights, members, and' appurte- ^ nances thereof whatsoever, to the said tract or parcel of land belonging or in any vise appertaining; and also all the estate, right, title, interest, claim, and demand of the State aforesaid, of, in, to, 5 or out of the same ; to have and to hold the said tract or | parcel of land, and all and singular the premises, as aforesaid, with their and every of | . C. D. ) | their rights, members, and appurtenances, unto the said , ) his heirs a.id a;, signs his ) to . ) and their own proper use and behoof for ever, in fee simple. ^ Given under my hand in Council and the great seal of the said State, at- 178 ) this day of in the year of our Lord ) and in the year jg w of American independence. I f *$1000, see deemed, held, and considered as valid and legal in law, as if the said grantee or grantees had been alive at the time of the issuing and signing of said grant or grants, and as such submitted to the Jury ; any law, usage or custom to the contrary notwithstanding. Sec. II. All grants which have been or may be issued by the or has inter- Governor of this State to females who have intermarried, or maymamed- hereafter intermarry previous to the issuing and signing of the same, shall be deemed, held, and considered as valid and legal in law, as if the said grantee or grantees had remained unmarried at the time of issuing and signing said grant or grants, and as such submitted to the Jury, any law to the contrary notwithstanding; Provided, nothing in this Act contained, shall be so construed as to authorize the admis- 676 LAND.—Head Rights,&c.—1815—23. Re-surveys. sion of any grant or grants in Courts issued for lands 011 the south side of the Oconee river prior to the late land lotteries. An Act to authorize persons having Grants to Lands without Plats thereof, to have those Lands re-surveyed, and the Plats thereof recorded in the County and Surveyer General's Ojjice.—Approv¬ ed Dec. 8, 1815. Yol. III. 414. [Prince, 537.] Provision Secs. I. and II. [Where plats are not recorded, holders may have areno piats6 them recorded in Surveyor General's office ; and where no plats, the to grants. County Surveyor may re-survey and send plat to Surveyor Gen¬ eral's office.]* An Act to limit the time for persons to take out their Grants in this State, so far as relates to land surveyed on Head Pightsand Bounty Warrants.—Approved Dec. 19, 1818. Yol. III. 426. Sec. I. [Gives two years to take out grants on former surveys.] Sec. II. [Three years on future surveys.] An Act to revive, amend and continue in force an Act, entitled an Act to extend the Time of taking out Grants on Surveys made on Head Rights and Bounty Warrants.—Approved Dec. 2, 1823. Yol. IV. 252. Sec. I. [Extends time for taking out grants to 24th October, 1824.] where no^ 63. Sec. II. Where any surveys have heretofore been made on fchnll not be head rights or bounty warrants, and grants thereon have not been ob- Siriey forG3 tained. such land shall not be subject to a re-survey until the expiration months, &c. 0f tlie time herein limited, and until three months from and after the person or persons claiming under the original survey shall have been notified that such re-survey is intended to be madef and that in all cases the person or persons claiming under the original survey shall be entitled to the preference of making such re-survey, until the expi¬ ration of three months from the time of such notification ; and in the event of there being no claimant residing 011 or near the land to be thus re-surveyed, such notice shall be perfected by giving three months' notice by public advertisement at the Court house of the County where such land may lie, and in one of the public gazettes of this State. The duty of 64. Sec. III. It shall be the duty of all Surveyors who shall rnakinr2fhor make any such re-survey, to certify on his return to the Surveyor Gen- re-iun-ey, erg^ tjiat cpue notice according to the provisions of this Act had been given ; and no grant obtained qii such re-survey shall be valid, unless Fwiso. accompanied with such certificate; Provided, that nothing in this Act shall affect the rights of orphans or persons under the age of twenty- *See see. 29. LAND.—HEAD RIGHTS, &C.—1823-'25. 677 Three months' notice—Bounty Warrants. one years, and that all such persons shall be allowed one year after they arrive at the age of twenty-one years to take out their grants. Sec. IV. .[Requiring publication—Temporary.] Sec. Y. [Repealing clause.] An Act authorizing all grants under the signature of Simon Whit- alcer, as Secretary of State, to be held, read, and received as evidence in any Court of Justice in this State ; and also the Acts of Thom¬ as H. Crawford, deputy Secretary, or for Abner Hammond, Secre¬ tary of State.—Approved 19th Dec. 1823. Yol. IV. 251. From and immediately after the passage of this Act, that all Grants sign- grants held by any person or persons, which grant was registered and whitaker, signed under the signature of Simon Whitaker, as Secretary of State, Crawford'U' and also all grants signed by Thomas H. Crawford, as deputy Secre- tary, or Thomas H. Crawford for Abner Hammond, Secretary ofdence- State, shall be received as evidence in any Court of Justice in this State ; any law to the contrary notwithstanding. An Act supplementary to and amendatory of the foregoing.—Approved ' Dec. 20,1823. Vol. IV. 251. 65. So much of the above-recited Act as requires notice to be Three mo#. > given three months before a re-survey can be made, shall not be so required« construed as to extend to any tract of land on which no claimant re-celtain casss sides, or which is unoccupied or unimproved ; any law to the contra¬ ry notwithstanding. Time extended in favor of any previous surveys on head rights or bounty warrants till the 1st Dec. 1825. [Act of Dec. 1824. Vol. IV. 253.] An Act to revise and amend the several Land Acts now in force in this State in relation to vacant Lands, and Land surveyed on Head Rights and Bounty Warrants.—Approved Dec. 17, 1825. Vol. IV. 257. 66. Any lands heretofore surveyed under the laws regulating sur- Bounty war. veys made on head rights and bounty warrants, may be granted to granted35 ** the person or persons for whom the same was surveyed, upon the^^J™* payment of the usual fees by the first day of December, 1826, or survey, within four years from the date of such surveys as may be hereafter made. Sec. II. [Repealing clause.] [This Act made perpetual by Act of the ensuing year. Vol. IV. 260.] 67S LAND.—Head Rights, &c.—1831—"35. Tees—Or.vcat Courts; An Act to reduce the fees on head right grants, and to repeal all laws militating' against the same.—Approved Dee. 2G, 1)31. Pam. 144. Fees on 67. Sec. I. The fees hereafter to be paid into the Treasury of grants"eht this State on head right grants, shall be as follows : On every tract of fifty acres and under, shall be two dollars and fifty cents ; on all tracts over fifty acres and under three hundred, shall be three dollars, and all other grants under one thousand acres and over three hundred, shall be four dollars. Sec. II. [Repeals all conflicting Acts.] An Act to amend that pari of the first section of the Appropriation Act oj 1795, which require a fee of twenty-five cents, on head right grants, of and under five hundred acres, and seventy-five cents, on all grants over five hundred acres, to the Secretaries of the Executive office.—Approved Dec. 26, 1832. Pam. 119. Repeats. 68. That part of the appropriation Act, which requires fees to be paid at the Executive office, to the Secretaries of his Excellency the Governor, be and the same is hereby repealed. Fees to the 69. Sec. 11.^ After the passage of this Act, that the fees on head Secretaries, right grants, to be paid to the Secretaries of the Executive Depart¬ ment, shall be the same that they now receive on lottery grants, and to be paid from the same source—any law, usage or custom to the contrary notwithstanding., Act of 1828 [Yol. IY. 241,] directs that " Land Courts may be held" in each County on the first Tuesday in each month. An Act to fix the time of holding the Courts for the trial of Caveats against the passing of grants of Land in the several Counties oj this State.—Approved Dec. 23, 1839. Pam. 60. caveat 70. From and after the passing of this Act, the Courts for the to°beheid.entrial of Caveats against the passing of grants for lands, shall be holden in the several Counties in this State, on the first Tuesday in each month, any law, usage or custom to the contrary notwithstand¬ ing.* An Act to he entitled an Act to authorize and empower the Surveyor General to record all plats of surveys made on head rights before granting the same.—Approved Dec. 23, 1835. Pam. 109. [Repealed by Act of 1850.] *3econd Monday in January. See "Executors," &c. sec. 20. LAND—Head Rights, &c.—1836-'45. 679 Appeals to Superior Court—Clerk of Land Court—Time of granting extended. An Act to repeal the ninth section, a,nd all other parts of laws now in force in this State, by which Caveats are directed to be tried where land is sought to be granted, before the Governor, and, di¬ recting such Caveats to be tried in the Superior Court of the County in which the land lies.—Approved Dec. 24, 1836. Pam. 78. 71. Sec. I. The ninth section of the Act of 25th .February, 1785, and all other laws, or parts of laws, allowing caveats entered iepeaicd. by parties claiming grants for lands, to be tried by the Governor of this State, be, and the same is, and are hereby repealed. 72. Sec. II. All caveats or appeals entered, against the granting caveats tote of any tract of land which has heretofore been directed to be tried Ihe'supe'rior by the Governor and Council, or the Governor, be, and the same county! th° shall be hereafter returned to the Superior Court of the County where the land may lie ; and the said Court shall submit the same to a'Jury, with the evidence, in the same manner, and under the same rules of law, as are usual in all cases for the trial of the titles to land., and the verdict of the Jury shall be final and conclusive, and the record of said trial and verdict being transmitted to the Governor, he shall issue a grant to the party in whose favor the same may be. [By Act of Dec. 10, 1841, grants were allowed to any one where the time was passed. That Act was repealed by Act of 1842, Pam. 119.] An Act to define the office of Clerk of the Land Cotirts.—Assented to Dec. 27, 1842. Pam. 119. 73. Sec. I. Be it, enacted, That from and after the passage of ^^'Cc°0furt this Act, that the Clerk of the Inferior Court of each County, is cu-ric of hereby declared to be the Clerk of the Land Court, in the Coimty in Land Court which he is Clerk, except the Counties of Bryan and Bulloch. Act of 28th D ec. 1842, to provide for taking out grants on head rights."* Pam. 119. 74. Sec. IX. When any person may have had lands surveyed time on head rights, and the time may have elapsed for taking out the extendod> grants, such persons shall be entitled to receive their grants upon the payment of the usual fees: Provided, the same has not been granted to some other person. An Act to amend the several Acts in relation to issuing of Grants on Head Rights in this State, so far as to extend the time for granting the same until the 25th day of December, 1846.—Approved Dec. 8, 1845. Pam. 34. •This Act repealed in 1843. See subdivision "Lotteries," &c. sec. 131, of this title. 680 LAND.—Head Rights, &c.—1847—50. Plats not recorded till grants issue. An Act to amend the several Acts in relation to issuing of Grants on Head Rights in this State, so Jar as to extend the time for Dec 25th granting the same until the 25th day of December, 18-19.—Ap- 18-19.' proved Dec. 28, 1847. Pam. 106. An Act to amend the several Acts in relation to issuing of Grants on Head Rights in this State, so far as to extend the time for grant¬ ing the same until the 24th of December, 1849.—Approved Dec. 7, 1847. Pam. 107. An Act to amend the several Acts in relation to issuing of Grants on Head Rights in this State, so far as to extend the time for Dec 25 i85i granting the same until the 25th of December, 1851.—Approved Dec. 14, 1849. Pam. 190. An Act to amend the several Acts in relation to issuing Grants on Head, Rights in th*'s State, so far as to extend the time for granting the same until the 25th of December, 1851.—Approved Feb. 8, 1850. Pam. 192. Taneexten- 75. sEC. J. Be it enacted, That any land heretofore surveyed 25, i85i. ' under the laws regulating surveys on head rights in this State, may be granted to the person or persons for whom the same may have been surveyed, upon the payment of the usual fees by the twenty- fifth day of December, eighteen hundred and fifty-one. virte°saimCt c' Nothing in this Act shall be so construed as to af- der the Act feet any surveys that have been made under the provisions of the ©fi847. ^ct ejghteen hundred and forty-seven. Sec. III. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to repeal an Act approved on the 23d December, 1835, enti¬ tled an Act to authorize and empower the Survcyot General to record all plats of Surveys made on Head Rights before granting the same.—Approved Feb. 11, 1850. Pam. 376. riats not to 77. Sec. I. Be it enacted, That the above recited Act, be, and Iicforo'graiits the same is hereby repealed, and that the Surveyor General shall not jssue. pjQ reqUirec[ to record any plats of surveys on head rights until the granting of the same. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. [Statutes omitted as obsolete, repealed or superseded. Provincial Act of 1758. Watk. 54; of 1759, lb. 57.J LAND.—Lotteries, Reverted Lots, &c. 681 Analysis—Lottery of 1803. ART. IY. LOTTERIES, SALE OF RESERVES, REVERTED LOTS, &c. Sec. 79. Creek cession of 1802. " 80. Lottery of 1818. " 81. Act amendatory o£ " 82. Void grants. " 83. Lottery of 1821. " 84. Fractions reserved. 85. Transcripts recorded. " 86. Grants " 87. Rights of creditor. " 88. Attaching creditor. " 89. Cession of 1825. '« 90. Districts—lots. " 91. Transcripts—record. " 92. Reserves. " 93. Rights of plaintiff in fi-fa. " 94. Certificates transfcrrable. " 95. Fraudulent draws. " 93, Sale by Sheriff. " 97. Payments. " 98. Reversion on default. " 99. Issue of grants. " 100. Sheriff's report. " 101. Land of illegitimates. " 102. Lottery of 1830. " 103. Sections—districts. " 104. Fractions of 100 acres. " 105. Surveyor's duty. " 106. Land classed. " 107. Navigation reserved. " 108. Prizes. " 109. Grant, fee, tax, &c. " 110. Fraudulent draws. " 111. Islands; Flint and Chattahoochee. " 112. Gold lottery. '• 113. Levy, before granted. " 114. Sale void. " 115. Money refunded. " 116. Sales and mortgages void. " 117. Islands in Chattahoochee. " 118. Notice—sale. " 119. Instalments. " 120. Certificates to purchasers. " 121. Grant—fee. " 122. Forfeiture on default. " 123. Oath of Commissioners. " 124. Interest on sales. i( 12o. Lots reverted in Early, &c. Sec. 126. Two applicants—decision. " 127. Applicant's oath. " 128. Sales before grant. " 129. Deeds and mortgages void. " 130. Refunding of fees. " 131. Repealing Acts of 1841, 1842. " 132. Time extended. 133. Forfeited lands to be granted. " 134. Decision by lot. " 135. Affidavit of applicant. " 136. Disposition of ungranted land. " 137. Decision by lot. " 138. Intention to settle. " 139. Decision by lot. " 141. Purchasers of fractions. " 142. Time extended—forfeiture. " 143. Sale by Sheriff. " 144. Governor's duty. " 145. Undrawn lots. " 146. Disposition of proceeds. " 147. Grants to purchasers. " 148, 149. Land in Ware, forfeited. " 150. Commissioner to sell. " 151. His bond. " 152. Terms of sale. " 153. Commissioner's compensation. " 154. Repealing clause. " 155. Original purchasers. " 156. Sale of ungranted lands. " 157. Lands in Ware ; Sale by Sheriff. " 158. Payments by Sheriff. " 159. Grants; " 160. Default—forfeiture. " 161. Duty of Surveyor General. " 162. Rule vs. Sheriff. " 163. Purchasers, under Act of 184-7. " 164. Under Act of 1843. " 165. Rights of settlers. " 166. Lands in Ware. " 167. Bona fide purchasers. " 168. Sale of islands. " 169. Grant fees refunded. " 170. Fractions in Talbot. " 171. Purchase money refunded. " 172. Intermediate Purchasers. " 173. Notice. " 174. Possession to purchaser. An Act to malce distribution of the late cession of lands, obtained f rom the Creek Nation by the United States' Commissioners, in a. treaty entered into at or near Fort Wilkinson, on the 16ih day of June, 1802.*—Approved May 11, 1803. Vol. II. 100. 78. Sec. I. [Designates the lines of two tracts of Territory—the one including.about half the lands from the Oconee to the Ocmulgee, as far down as to Palmetto Creek, in Laurens County: the other por¬ tion lying south of the Altamaha, a part of which now forms the County of Wayne.] ♦For the treaty, see Vol. II. 701, United States' Statutes at Large, VoL VII. page 68. 86 682 LAND.—Lotteries, Reverter Lands, &c.—1803. Districts—Lots—Map in Surveyor-General's office. hddoffinto Sec. II. The lands contained in the several districts shall traasof divided hy lines running parallel with the dividing lines of dis¬ tricts, and by others crossing them at right angles, so as to form tracts 2021-2acres, of forty-five chains square, containing 202| acres each, plainly and distinctly marked, in a manner different from the ordinary mode here¬ tofore pursued, for marking lines in this State, to be pointed out by the Surveyor General; except the County of Wayne, which shall be and of 490 laid off into tracts of seventy chains square, and to contain 490 acres each, unless where the line which is to form a temporary bound¬ ary between the said territory and Creek Indians, or the course of navigable rivers, may render it impracticable, and then this rule shall be departed from no further than such particular circumstances Fractions, may require ; and all fractional parts of surveys, which may be cre¬ ated by the courses of navigable rivers, by the temporary bound¬ ary line, or other unavoidable circumstances, and all islands within the limits of the said territory, and lying southwest of tho middle or main source of the Oconee or Altamaha rivers, shall be reserved and sold, and the fu ..as arising therefrom, be appropriated in such manner as a future Legislature may direct. [The residue of this section, giving to fortunate drawers a twelve months' pre-emption in the purchase of the fractions adjoining them, repealed. Yol. II. 255.] Sec. IY. [Respects the appointment and qualification of the Surveyors.] Sec. Y. [Provides how the lines shall be marked and the field books, and then enacts,]—transcripts of which field books after being examined with the originals, by the Surveyor General, and certified and signed on every page by the district Surveyors return¬ ing the same, shall be deposited in the Surveyor General's office, there to be preserved as a record ; to make a return to the Surveyor Map to be General, within ninety days after the running of the boundary line sifrwyor in as af°rcsaid, of a map of the district to which they may respective- ceneiai's ly be appointed, in which shall be correctly delineated, represented evidence, and numbered, in such order as the Surveyor General shall prescribe, all the surveys within such district/and also to return at the same time, a detached plat of every such survey of land certified and signed by them, which plats shall be filed among the other records in the Surveyor General's office, and from which copies shall be made, to be annexed to grants; and to conform to such instructions as they may receive from the Surveyor General, from time to time, during their continuance in office, and progress in the duties there¬ of, not militating with this Act. [The rest of the Act prescribes the oaths and pay of Surveyors; who shall be entitled to draws, and how ascertained and returned; how drawn and granted ; locates and names Milledgeville ; and in¬ cludes several miscellaneous particulars, all of which were either temporary, or have been re-enacted or repealed by subsequent Acts.] An Act to alter and amend the foregoing.—Approved Dec. 6, 1803. Yol. II. 120. [Obsolete.] LAND.—Lotteries, Reverted Lots, &c.-—18Q3-'18. 683 Lottery of 1818—How surveyed and divided. An Act supplementary to the two foregoing.—Approved Dec. 10, 1803. [Obsolete.] An Act to authorize certain Commissioners to sell and dispose of the frac¬ tional parts of surveys of Land in the Counties of Wilkinson, Baldwin and Wayne.—Approved Dec. 7, 18Q5. Vol. II. 233. [Obsolete.] An Act to dispose of, and distribute the late cession of Lands, obtained from the Creek Nation by the United States, in a Treaty concluded at the City of Washington, on the lAthday of November, in the year 1805.*—Approv¬ ed June 26, 1806. Vol. II. 290. Secs. I. and II. [Describe the territory, being the residue of the lands between the Oconee and Ocmulgee riYers, and how it shall be divided into districts by lines running south 45 deg. west. Sec. III. is copied from the second section of the Act of 1803. Sec. IY. ap¬ propriates the proceeds of the fractions to the discharge of the pub¬ lic debt. The residue of the Act relates to the surveyors, the right to draws, drawing the lottery, granting, &c.] An Act [Yol. II. 337,] to establish the fees on grants under the second lottery (that of 1806.) An Act to allow names subsequently to be given in for that lottery [ib. 337 ] An Act [ib. 339] allowing, in cases of mistake, grants to issue to the party really en¬ titled. An Ac# to sell the fractions in Old Wilkinson and Baldwin [ib. 341,] and an Act to amend it [ib. 6-51.] An Act prescribing the proceedings on fraudulent draws [ib. 452,] and its supplement [ib. 405.] And the various Acts enlarging the tisne for taking out grants under these lotteries [ib. 131, 339. 411, 479, 537, 584; Yol. III. 403, 407, 409, 413,] were all cither temporary in their nature, or have since become ob¬ solete. The grant fee of tracts in Old Wilkinson and Baldwin, (embracing the lands between the Oconee and Ocmulgee,) and of lands in Wayne County, has been $5 since 1826. See Act of that year, Yol. IY. 261, sec. 3. Ah Act to dispose of and distribute the late cession of Land obtained, from the Creek and Cherokee Nations of Indians by flic United States in the several Treaties, one concluded at Fort Jacksonf on the 9th day of August, in the year 1814, and one concluded at the Cherokee Agency% on the 8th day of July, in the year of our Lord 1817, and one concluded at the Creek Agency on Flint river,on the 22 d day of January, in the year of our Lord 1818.—Approv¬ ed Dec. 15, 1818. Yol. III. 416. 80. Sec. I. The territory lying south of and southwest of the The lower Ocmulgee and Altamaha rivers, and bounding on the Counties of Wayne, Camden, and the East Florida line, the Chattahoochee river, Counties, and the Creek temporary boundary line, do form three Counties, viz : [Boundaries of Early, Irwin and Appling.] The County of Early shall be laid off into districts of twelve miles and forty chains *For the Treaty, see Yol. II. 705,' United States Statutes at Large, Yol. YH. page 96. fFor the Treaty, sec United States Statutes at Large, Yol. YII. page 120. See also, pote to this Act in Prince's Digest, page 547. |For the Treaty, see United States Statutes at Large, Yol. YH. page 156. §For the Treaty, sec United States Statutes at Large, Yol. YII. page 171. 684 LAND.—Lotteries, Reverted Lots, &c.—1810. IIow surveyed and divided. !?owytobe square, as near as convenience will admit, by running lines parallel surveyed with the dividing line between said County and the County of Ir- and squares. win, and others crossing them at right angles, and numbered from one to twenty-three. The districts shall be divided into squares of fifty chains, containing 250 acres, by lines parallel with the district lines, and others crossing them at right angles, and the parts of tracts ah fractions bounding on Flint river, and on all other water-courses within tho under tins territory t0 pe diSp0Seci 0f by this Act, containing 160 acres and un- ™urseler der, shall be considered as fractions, and disposed of accordingly; wurTswat'r that fractions not lying on water-courses, containing less than a lull section or square, shall be considered fractions and be disposed of by the State as other fractions not drawn for. The Counties of Irwin irwin and and Appling shall be laid off into districts of twenty miles and ten counties, chains square, as near as can conveniently be, by lines running par- ®d mtorcUs-~ adel with the line dividing said Counties, and others crossing them squares.'1* at right angles ; and those of Irwin County, numbered from one to sixteen inclusive, and those in the County of Appling, from thirty- six to fifty inclusive, and divided into lots of seventy chains each surveyor way, containing 490 acres each. And the Surveyor General shall siveYnstruc- §0ve to each district Surveyor, the necessary instructions for survey- iions. ing? marking and numbering, in a clear and perspicuous manner, the squares and fractions in his district, in conformity with the spirit and meaning of this Act. Sec. II. [The Lower Territory to be divided into four Cqunties, Walton, Gwinnett, Hall and Habersham. To be surveyed in same manner as Early County.] [The balance of this Act refers to the business of drawing, &c. Lots numbered 10 and 100, reserved for education of the Poor.] * An Act amendatory and revisory of an Act, passed the 15th day of Dec. IS 18, (the last Lottery Act) and to dispose of the Territory lately ac¬ quired of the Cherokee Indians, by a Trea ty held by the Honoruhh John C. Calhoun, at the City of Washington, on the 27th day of Feb. in the year of our Lord 1819*.—Approved Dec. 16, 1819. Yol. III. 429.. Sec. I. [Adds part of the territory to Hall and Habersham and forms Rabun out of the balance.] certain dis- ^EC- ^ districts, numbers five and six, in the County of «rvev°d!n Habersham, and districts numbers one, three, four and five, in the tracts'of 490 County of Rabun, be laid off into tracts of seventy chains each acres" way, containing 490 acres each, by lines running north and xnd certain south, intersected by others at right angles. The districts numbers tracts*of 250ten' eleven and twelve, in the County of Hall, and the districts acres. numbers one, two, three and four in the County of Habersham, and district number two in the County of Rabun, be laid off into tracts of fifty chains each way, containing 250 acres, by lines running due Tor the Treaty, see United States Statutes at Large, Yol. VII. page 195. LAND.—Lotteries, Reverted Lots, &?c.—1820-'21. 685 Size of Lots—Disposition of Tractions—Void Grants, north and south, intersecting others at right angles; and that all Fract.ions,on ' o o D ? - certain water tracts or lots which shall contain less than one hundred and sixty courses, acres, and lying on the Chattahoochee, the Chestatee, the Chatauga, Qnd and Terrura rivers, shall be considered fractional tracts, and disposed " ry m of accordingly ; and that all other tracts or fractions lying on the dry lines, containing less than full squares, shall be consideied as fractions and shall be disposed of accordingly ; and all other fractions con- squares and taining above one hundred and sixty acres, except on the dry lines, g"*® shall be drawn for as squares, and all the squares and such fractions drawn for* shall be put into the wheel and drawn at the same time as the Squares and fractions in the Act to which this is a supplement. Whereas, it may so happen that persons have surveyed lands, in the territory now contemplated to be disposed of, contrary to law, and on which grants may have been issued : 82. Sec. XY. Be it therefore enacted, That all such surveys or Migrants grants are hereby declared to be null and void to all intents and pur- those under poses, as though the same had never been made or issued, nor shall this-ict- any survey or grant in the aforesaid cession be admitted to a Jury as qvidence of the title to the lands in this Act described, except those obtained by virtue and under the authority of this Act, any law to t|ie contrary notwithstanding. Sec. XVI. The territory before laid out and defined agreeably A referenc6 to the provisions of this Act, shall be disposed of in the same man- ^c[he lat0 ncr, and under the same restrictions as contemplated by the before recited Act. [The rest of the Act obsolete.] An Art to authorize certain Commissioners to sell and dispose of the frac¬ tional parts of surveys not drawn or authorized to he drawn for in the present Land Lottery, lying in the Counties of Appling, Irwin, Early, Telfair, Walton, Gwinnett, Hall, Habersham, and Rabun; and to rent out the lots number ten and one hundred, heretofore set apart as a fund for Free Schools.—Approved Dec. 22, 1829. Vol. IV. 244.—Prince, 559. [Executed.] An Art supplementary to the foregoing.—Vol. IV. 259. [Temporary.] An Art to dispose of and distribute the Lands lately acquired by the United States for the use of Georgia, of the Creelc Nation of Indians, by a Treaty made and concluded at the Indian Springs, on the 8th day of January, 1821; and to add the reserve at Fort Hawkins to the County of Jones A— Approved May 15, 1821. Vol. IV. 246. Sec. I.. [Lays oft the cession into five Counties, Dooly, Houston, Monroe, Fayette and, Henry.] 83. Sec. ILL H:i6h of the Counties hereinbefore laid out and de- Diarimo scribed shall bo divided into districts of nine miles square, as near as ,a,lto *<1U practicable, the district lines running parallel to the lines dividing "For tl«i» Tomtv. sec TTuited States Statutes at lArsre, Yol. YII. p:v*c 215, 686 LAND—Lotteries, Reverted Lands, &c.—1821. Lottery of 1821—Details—1 tight of Judgment creditor. Counties and crossed by other lines at right angles ; and said dis¬ tricts so laid out shall be again subdivided, by lines to be run in like Dots of two directions, into square tracts, containing each two hundred two and an£da haifW° a half acres, marked and numbered according to the plan hereto- acres. fore pursued under the instructions of the Surveyor General. Fractions ^EC- ^b® fractional parts of surveys which may be reserved, created by the divisions and subdivisions aforesaid, shall be re¬ served for public uses, to be disposed of as a future Legislature may direct. 85. Sec. YIII. [Duty of Surveyors, marking of lines, and Transcripts keeping field-books,]—transcript of which field-books, after being records.6 a compared with the originals by the Surveyor General, and certified and signed on every page by the Surveyor returning the same, shall be deposited in the Surveyor General's office, and become a record; and the district Surveyors shall make a return of their surveys and works within ninety days from the time they are notified to enter To return a upon the discharge of their duties, containing a map of their district, district the'r *n wbi®b shaU be correctly represented and numbered all kits and fractions of said district, and waters therein delineated, as the Survey- Detached or General may direct; and also return at the same time a detached plats oicach plat °f each lot and fraction which each district may contain, cer¬ tified and signed by such Surveyor, which plat shall be filed among the records of the Surveyor General's office, and from which copies shall be taken to be annexed to grants. 86. Sec. XX. All persons who may draw lands under this Act shall be entitled to receive grants for the same, conveying fee-simple titles. The reserve at Fort Hawkins, and a reserve of like extent on the opposite side of the Ocmulgee river, commencing on the Upper Fed¬ eral road, crossing at Fort Hawkins, and lying below the same, be set apart for the State, to be disposed of as a future Legislature may direct. Grants. Reserve at Fort Haw¬ kins. An Act. to indemnify the creditors of fortunate drawers in the several land lotteries oj this State, in taking oat Hhe grants jor the land which shall hare been, or may be drawn by such fortunate drawers. Approved May 16, 1821. Vol. IV. 301.' judgment 87. Sec. I. From and immediately after the passing of this Act, fortunate°f bi all cases where there shall be a subsisting judgment against any drawer* ^au-p0rson or persons who has drawn, or may draw, a lot or lots of land, and no other property can he found, it shall be lawful for the judg¬ ment creditor to take out the grant or giants for such tract or tracts of land, so that the same may be subject to such judgment; and the cost of taking out such grant or grants shall, be, by the officer levying on such land, charged on the bill of costs, which shall be paid next in order after the costs which may have already accrued.* 88. Sec. II. When any fortunate drawer in any of the land ♦Seefurther, sec. IV. Act of 1841. sec. 127. Also Act of 1826. rrc. 93. tliurizcd to take out grants. LAND.—Lotteries, Reverted Lots, &c. 687 Attaching creditors. lotteries of this State shall place himself in such situation that his Attaching property would be subject to attachment, and no other property can uwe'd'to do" be found, it shall and may be lawful for any creditor of such fortu- thesamc- nate drawer to take out the grant or grants of such fortunate drawer, so as to subject the land so drawn to the process of attachment; and the cost of takiug out such grant shall, after judgment, be by the proper officer taxed in the bill of costs, and shall be charged and payable in the manner pointed out in the first section of this Act: Provided, that the creditor shall in all cases produce to the proper of- Pr0V13°- ficer a receipt or certificate from the Treasurer of this State, specify¬ ing that such creditor has paid the grant fees. An Act to point out a more expeditious method of partitioning such Lots of Land as have or may be declared fraudulent draws by judgment of Court, pursuant to an Act passed the 15th oj Decem¬ ber, 1818 ; and to vest the titles to the same in the several County Academies in this State.—Approved Dec. 7, 1821. Vol. IV. 250. [Presumed to be executed and obsolete.] An Act to relieve certain fortunate drawers in the present Land Lot¬ tery now drawing.—Approved Dec. 22, 1821. Vol. IV. 304. [Authorizing the Governor on discovering that the name of any drawer has not been properly entered, to order the mistake to be cor¬ rected. This Act applies only to the Counties of Dooly, Houston, Monroe, Henry and Fayette. See 1st Ed. 290.] An Act to authorize any person or persons, citizens oj this State, who shall apply at the necessary offices, to take out and receive in his, her, or their own name or names, a Grant or Grants for any fractional Lot or Lots of Land in the County of Wayne, and fraction No. 333, in the 20th District of Baldwin County, that remain unsold, on the payment of the sum of ten dollars on each Grant.—Approved Dec. 19, 1822. Vol. IV. 124. An Act to establish the Fees of Public Officers of this State, on all Grants that may be issued for Lands lately obtained from the Creek and Cherokee Notions of Indians.—Approved Dec. 24, 1821. Vol. IV. 296. [Secretary of State, 60 cents. Surveyor General, 50. Executive Secy's, 8. Treasurer, 8, and Comp. Gen. S cents ; but see subsequent Acts.] An Act to appoint certain persons to rent out such Fractions and Islands as may be in a state jit for cultivation} lyingin the Conn- 088 LAND.—Lotteries, Reverted Lots, &c.—1821—25. Lottery of 1825—Details. ties of Dooly, Houston, Monroe, Henry, Fayette, Appling, Ear¬ ly, Telfair, and Irwin, and to prevent waste and trespass on the same.—Approved Dec. 25, 1821. Yol. IV. 251. An Act to legalize certain Draws of Fractions in the late Land Lottery of this State, and to vest the titles thereof in the persons drawing the same.—Approved Dec. 2, 1823. Yol. IY. 274. [Persons who by mistake had drawn fractions instead of full lots.] An Act to authorize any person or persons, citizens of this State, who shall apply at the necessary Offices, to take out and receive in his, her, or their own name or names, a Grant or Grants for any Fraction, Lot or Lots of Land in the County of Wilkinson that remain unsold, on the payment of ten dollars on each Grant.— Approved Dec. 18, 1823. Yol. IY. 252. An Act to sell and dispose of the Fractional Parts of surveys of Land which remain unsold in the Counties of Walton, Gwinnett, Hall, Habersham, and Rabun, and also of such parts of Lots of Land as have been forfeited to the State as having been fraudulently drawn. Approved Dec. 20,1823. Yol. IY. 274. [Obsolete.] An Act to sell and dispose of Lots numbers Ten and One Hundred, re¬ served by the Land Lottery Act, passed the 15th day of December, 1818, for the Education of Poor Children.— Approved Dec 22, 1823. Vol. IY. 274. An Act to make valid certain Grants to Lands lying within certain res¬ ervations taken and held under and by virtue of the late Treaties be¬ tween the United States and Cherokee Nation of Indians.—Ap¬ proved Nov. 25, 1824. Yol. IY. 252. [Legalizing grants within reservations that had been purchased by the United States.] An Act prescribing the mode of partitioning such Lots of Land, drawn in the Land Lottery authorized by an Act passed the 15th day of May, 1821, as have been or may have been declared by judgment of Court to beJrudulently drawn.—Approved Dec. 7, '1824. Vol. IY. 275. [Presumed to have been executed.] An Act to establish Fees for the Sheriffs, County Surveyors, and Par- tilioners for dividing ends fraudulcnily drawn, and returning the same.—Approved "Dec. 24, 1825. Yol. IY. 400. [Rendered obsolete by the sale of the State's interest in those !:u- ' • 1 L ANkb—Lott^EU^,&>c-—1825. 689 . Lottery, of 1&25—Retails.. 4.n Act to dispose of and distribute the Lands lately. acquired by the . United States, for the use of (Georgia, of,the Greek Ration of Indi- , ans, by a Treaty made and;_coneluded at the Indian, Springs, on . the 12th day of February, 1825.*—Approved June 9, 1825., Yol. - 1Y. 253, 89,- The territory acquired of the Creek Nation of Indians, hy Said territo, the United States for the use of Georgia, as described in the articles [L. nvT .of a treaty entered into and concluded between the CommissionerssectUjIlS- on the part of the United States, and the Chiefs, headmen, and war¬ riors of the Creek Nation of Indians, at the Indian Springs, on the 12th day of-February, 1825, shall form and be divided into five sections, as. follows, to-wit: All that part of said territory which lies south of a line commencing on Flint river, opposite where the line dividing fined, the Counties of Houston and Dooly strikes, said river, and running due west to the Chattahoochee, shall form what shall be called sec-, tion the first; and the criminal jurisdiction thereof shall be attach¬ ed to the County of Dooly. All that part of said territory which The secona lies north of the line aforesaid, and south of the line commencing defined, on Flint river, opposite where the original line, dividing, the Counties of Monroe and Houston, and running due west to the Chattahoochee river., shall form the second section," and the criminal jurisdiction thereof fie, and the same is hereby attached to ,the County of Hous¬ ton. And all that part of .said territory which lies north of the line last The third . aforesaid, and south of a line commencing on Flint river, where the fined!" de" original line dividing the Counties of Henry and Monroe strikes said river, and running due west until it strikes the Chattahoochee river, shall be, and the same,is hereby called the third section; and the Qriminal jurisdiction thereof attached to the County' of Pike. And The fourth all that part of said territory which lies north of said line, and east s^ed?1 de~ of the Chattahoochee river, shall form the fourth section; and the criminal jurisdiction thereof shall be attached to the Cpunty of Fay¬ ette.- And all that part of said territory lying west of the Chatta- hoochee river, and east of the dividing line between this State and fined the State of Alabama, shall form the fifth section; and -the criminal ■jurisdiction thereof shall be attached to the County of Pike. 90. Sec. II. Each of the sections herein laid out and# described ^sections shall be divided into districts nine miles square, as near as practica- i s>to district ble ; the district lines running parallel to the lines dividing sections, square.'68 and crossed by other lines at right angles: and said districts so laid out shall be again subdivided by lines, to be run in like directions into square tracts, containing each two hundred two and one-half ™®sdiftrict3 acres, marked and numbered according-to the plan heretofore pursu- ed.under the instructions of the Surveyor General. CiLCt>' The fractional parts of surveys, which may be created by the di- ^rJierved9 visions and subdivisions aforesaid, shall be reserved for public uses, and bo disposed of as a future Legislature may direct. * l-:.va.y,!v-V ill-; Pa.l-y- R1.U Yc> Y. Vol TIT. 230. This cc^icn cm- brac-M all the Oo.i irivJ weal of Cio i'Tint liver, ii;o:a Luily aiul Laker, up to Ifauloiu» and Cobb Couutiea. ; 87 690 LAND.—Lotteries, Reverted Lots, &c.—1825—'26. Reserves—Judgment creditor. 91. Sec. VII. [Duties of Surveyors as to lines, field boolw, Transcripts &c.] transcripts of which field btfoks, after being compared with w new books the originals by the Surveyor General, and certified and signed on every page by the Surveyor returning the same, shall be deposit¬ ed in the Surveyor General's office, and become a record; and. the district Surveyors shall make a return of their surveys and works, within ninety days from the time they are notified to enter upon the discharge of their duties, containing a map of their district, in which shall be correctly represented and numbered all lots and fractions of said district, and waters therein delineated, as the Surveyor General may direct; and also return at the same time a detached plat of each lot and fraction which said district may contain, certified and signed lots. ° by such Surveyor; which plat shall be filed among the records of the Surveyor General's office, and from which copies shall be taken to be annexed to grants. Sec. XXI. [Grant fees $18. Forfeit, if not granted in two years. Taxed whether granted or not.] reserves for 92. Sec. XXIV. A quantity of land on Flint river, opposite the puWicpur- Agency, and equal in size to the reserve on the east side of the same, one mile square at Marshall's Ferry, on Flint river, includ¬ ing the ferry, one mile square at Mcintosh's on the Chattahoochee, including the ferry, and a reserve of five miles square on the Chat¬ tahoochee river at the Coweta Falls, and including the same; the northern boundary to cross the river at a point one mile above the lower shoal, be, and the same is hereby set apart for public pur¬ poses. An Act passed 14th December, 1S26, amendatory of the foregoing, Vol. IV. 259. Grants for 93. Sec. X. In every instance where the land shall be drawn ^"defend" by a defendant in execution, and the grant shall be taken out by Mtfon"inly e plaintiff in execution, his agent, or attorney, the amount of the be taken out grant fees shall be refunded and paid to such plaintiff, his agent, or t^the plain attorney^ out 0f money raised by the sale of such land, in pref¬ erence to any other lien whatever ; and in all such cases, the certifi¬ cate or receipt of the treasurer shall be taken and considered as suf¬ ficient evidence of the fact of said fees having been paid by such plaintiff, agent, or attorney. An Act to sell and dispose of the States' interest in Lots of Land which hast been, or may hereafter be condemned as fraudulently drawn in the Countia of Bibb, Houston, Crawford, Monroe, Upson, Pike, Henry, Fayette, De> Kalb, and Newton.—Approved December 24, 1825. Vol. IV. 258. [On full payment, grant to issue.] An Act passed December 26, 1826, amendatory of the foregoing.—Vol. IV. 261. [Executed,] LAND—Lotteries, Reverted Lots, &c.—1826-'27. 691 Certificates transferable—Fraudulent draws. An Art to extend .the time for fortunate drawers in the Land Lotteries of 181.8, 1819, and 1821, to take out their Grants, and to reduce the present > price on Lottery Grants.—Approved Nov. 30, 1826. Vol. IV. 261! An Art to sell and dispose of the Land lying in the Twelfth and Thirteenth Di strict,s in the County of Ware, formerly Appling County.—Approved Dec. 26, 1826. Vol. IV. 262. An Art. to. sell and dispose of the unsold Lots in the Town of Macon, and the Public Lands on the east and west side of the Ocmulgee River, near and adjoining the said Town, and also the Bridge across the Ocmulgee River at Macon.—Approved Dec. 22,1827. Vol. IV. 262. [Executed.] An Act to dispose of the Mcintosh Reserves in the County of Butts.—Ap¬ proved Dec. 32, 1827.* Vol. IV. 263. [Executed.] An Act to dispose of the residue of Lands heretofore rescrvedfor the use of the State.—^Approved Dec. 22, 1827. Vol. IV. 266. 94. Sec. XI. The certificates granted under this Act shall be certificates transferable, and any legal holder of any certificate for any fraction AnyVoider or fractions, lot or lots, island or islands, shall be authorized, on pay- grant on pay¬ ing into the treasury of this State-the full amount of the purchase money, to have the interest of the amount unpaid deducted from thethe pu^haas original amount, and on producing the Treasurer's receipt, he or shem°ney' , shall be entitled to receive a grant or grants for the same, on the payment of the office fees provided for by this Act. Sec. XIL [Excepts the Milledgeville, the Macon, the Coweta and McX ntosh reserves. The rest of the Act temporary. An Act amendatory of this, Vol. IV. 271. See also as to such lands in Ma¬ rion and Crawford. Vol. IV. 270.] An Act to sell and dispose of the State's interest in Lots of Land in the late Purchase, which have been or may hereafter be relinquish¬ ed to the State, and such as have been or hereafter may be con¬ demned as fraudulently drawn in the aforesaid Purchase.—Ap¬ proved Dec. -24, 1827. Vol. IV. 265. 95. The Sheriffs in the several Counties of the late acquired ter- The Sheril& ritory bo, and they are hereby authorized and required to advertise and expose for sale to the highest bidder, agreeable to the provisions terest in of this Act, all the State's interest in the lots of land which have and relitt- been or hereafter may be relinquished to the State, and also all the3"]^°d State's .interest in the lots of land which have been or may hereafter be condemned as fraudulently drawn in the said purchase, at such times as his Excellency the Governor may prescribe. 96. Sec. II. Whenever the said Sheriffs shall receive instructions Duty of ^ from the Surveyor to sell any lands or lots of land as aforesaid, it shtill be their duty to advertise in two of the public gazettes of this said sales. State, and also at the Court house in the County where the land lies, •Printed J SCO; but this is the true date. See Senate Journal, 1827, 128, 9 ; House Journal, .'123. ' 692 LAND.—Lotteries, Reverted Lots, &c.—1827 -'28. Payments. at least thirty days before the day on which said lots are to be sold, setting forth the number anil parts of such number, together with the district and County in which each lot may lie, together with the number of acres; also, the hours on which the sale will open and close. •mepurcha- 97. Sec. III. The highest bidder for any of the aforesaid lots to one-fourth in which the State of Georgia has a right, shall pay to the Sheriff afore- cash. said one-fourth of the purchase-money in cash or current bank bills proceeds of this State ; on the payment of which the said Sheriff shall give to Acaacm" efsuch purchaser a certificate stating the amount paid and the amount Fund. of such purchase -money then due and to be paid in three equal an¬ nual instalments, to be paid to the Treasurer of this State, and to be attached to and form apart of the academy fund of this State. Failing to 9S. Sec. IV. If any purchaser shall fail to pay the Treasurer of vcrtsw'uiT*his State any instalment at the time the same may become due, or state. within sixty days thereafter, he shall forfeit the sum so paid, and the land shall revert to and become the property of this State, and be subject to be again sold, as hereinbefore directed. a grant to is- 99. Sec. V. When the last instalment shall have been paid, mentn..f k3t agreeable to the said certificate given by the Sheriff aforesaid, it instalment shall be the duty of the Governor to cause a grant to be filled up in the name of the holder of said certificate, on his or their paying the GrantfeeSS. sum of six dollars. The sheriffs ^EC- ^1. With in sixty day s after the sales of said lots the to make re- Sheriffs aforesaid shall make a report of their proceedings to the Trca- port' surer of this State, and pay over to him the money received, and de¬ posit a schedule of the lots sold, the amount of sales, cash received, balance due for each lot, and from whom due ; and the Sheriff shall receive as compensation for his services five per cent, on the amount received, to be drawn for by warrant from the Governor on the Trea¬ surer of this State. An Act to make valid the Title to all Lots of Land, in the first Dis- . trici of 'Muscogee County, for which Grants issued previous to the re-survey of said District; and to make valid all Grants which have issued for Fractions, and all draws of Fractions which were put into the wheel arid drawn as whole Lots ; and to provide jor the re-survey of such parts of said District as have not been sur¬ veyed, and to compel the Fraction-selling Commissioners to coin- pare their advertisements for the sale of Fractions in said District with the List of fortunate Drawers in the Executive Office, and strike from the advertisement all such numbers of Fractions or Lots as may have been drawn by any individual, and proceed to sell the balance of the Fractions in the order of their advertisement. Approved Nov. 21, 1828. Vol. IV. 268. [The title is a summary of the Act.] -'-••i Aci for the relief of certain fortunate drawers in the Land Lot¬ tery authorized by the Acts of June 9 th, 1825, and December LAND.—Lotteries, Reverted Lots, &c.—1828. 693 Land of Illegitimates. 1825; and to point out the manner in which land drawn by ille¬ gitimate children shall descend.—Approved Dec. 22, 1829. Yol. 1Y. 346. 101. Where any person or persons shall have been fortunate Lands drawers in the land lottery authorized by the Acts of June 9th, 1825, females1" and December 24th, 1825, and who may have been returned as an™^^ orphan or orphans by the person who may have given in their names edasor- n i n % • n i i phans not lor a draw or draws, when in tact said person or persons may have considered been an illegitimate child or children, shall not be held, deemed, or femfbut'iha considered as a fraudulent draw, under any of the provisions of said vest Acts ; but the same shall be as fully and entirely vested in him, her, or them as if no such misrepresentation as aforesaid had been made by the person who gave in the name or names of said person or per¬ sons for a draw or draws; any law to the contrary notwithstanding. Whenever any illegitimate child having drawn a lot of land in the Lands oni- said l ottery, and who has or may die intestate, without child or chil-wiio die in- dreo or the representatives of children, and without brothers or sisters without i£ on the maternal side, then and in that case the said land shall de- ®rehsteJsew scend to and vest in the mother.* ' vest in the mother. An Act to sell and dispose of the Stale's interest in Lots of Land which have been or may hereafter be condemned, as fraudulently drawn in the Counties of Lee, Muscogee, Marion, Harris, Talbot, Troup, Merriwether, Coweta, and Carroll.—Approved Dec. 20, 1828. Yol. IY. 267. [To be sold by the Sheriffs of the respective Counties. See Act of 1831, amending and extending this to the Cherokee Counties.] An Act to sell and dispose of the fractional parts of surveys of Land which remain unsold in the Counties of Walton, Gwinnett, Hall, Habersham, and Rabhn ; and also such parts of Lots of Land as have been forfeited to the State, as having beeWfraudulently drawn. —Approved Dec. 20, 1828. Yol. 1Y. 271. [To be sold by the Sheriffs.] An Act to be entitled an Act to survey and dispose of all the unsold Islands -in the Ocmulgee river, adjoining the Counties of Monroe and Jones.—Approved Dec. 22, 1828. Vol. IV. 268. [To be sold by the Sheriff of Jones County.] An Act for the relief of James D. Lester, and to authorize the Gover- *Scc as to inheritance among illegitimates generally, "Executors and Administra¬ tors.' Art. II. " Distribution," sees. 27 - 694 LA.ND.—Lotteries, Reverted Lands, &c.—1830. Time to drawers extended—Lottery of 1830. nor to issue grants to purchasers of Public Lands, where the cer¬ tificates have been lost and (he full amount of (hepurchase money paid.—Approved Dec. 22, 1829. Vol. IV. 347. [Grants to be issued where certificates are lost.] An Act to extend the time to fortunate drawers in the Land Lottery of 1827 to take out their grants, and reduce the fees on grants.—Ap¬ proved Nov. 10, 1830. Pam. 148. [Time extended to 25th December, 1837.] An Act to authorize the Governor to take possession of the Gold, Silver atid other Mines, ly ing and being in that section of the chartered limits of Georgia, commonly called the Cherokee coun¬ try, and those upon all other unappropriated lands of the State, and lor punishing any person or persons, who may hereafter be found trespassing upon said Mines.—Approved Dec. 2, 1830. Pam. 154. [Superseded by the Gold Lottery.] An Act to authorize the survey and disposition of lands within the lim¬ its of Georgia, in the occupancy of the Cherokee tribe of Indians, and all other unlo"atcd lands within the limits of said State, claimed at Creek land, and to authorize the Governor to call out a military force, to protect Surveyors, in the discharge of their duties, and to provide for the punishment of persons who may prevent, or attempt to prevent amy Surveyor from performing his duties, as pointed out by this Act, or who shall wilfully cut down and deface any marked trees, or remove any land mark, which may be made in pursuance of this Act; and to protect the Indians. in the peaceable possession of their improve¬ ments, and of the lots on which the same may be situate.—Approved Dec. 21, 1830. Pam. 127. Territory di- 102. All the territory within the limits of Georgia, and now in •ided. 0CCUpanCy 0f the Cherokee tribe of Indians ; and all other unlo- cated lands within the limits of this State, claimed as Creek land, Firstsoction. shall form and be divided .into four sections as follows, to wit: all that part of said territory, which lies east of a line, commencing on the line which divides North Carolina and Georgia, 36 miles due west, from the north-west corner of the first district in Rabun Coun¬ ty, running thence south to the Chattahoochie, shall form what shall second be called section first. All that part which lies west of the line aforesaid, and east of a line commencing 27 miles due west, from the first named corner, running thence south to the Carroll line, or to the boundary line dividing the organized and unorganized parts of the State, shall form the second section. All that part of said territory) LAND.—Lotteries, Reverted Lots, &c.—1830. 695 Details—Land classed. which lies west of the line last aforesaid, and east of a line commenc- Th|fd ' section. ing 27 miles due west, from the last mentioned corner, and running thence south until it strikes the Carroll line or Alabama line, shall be called the third section. All the remaining part of said territory Fourth shall form what shall be called section fourth. section. 103. Sec. II. Each of the sections, hereinbefore laid out and Districts9 described, shall be divided into districts of nine miles square, as near milet'squ'1,' as practicable, the district lines running parallel to the lines dividing sections, and crossed by other lines at right angles, and said districts so laid out, shall be again sub-divided by lines to be run in like di¬ rections into square tracts, containing 160 acres, marked and number-Tracts of ed according to the plan heretofore pursued under the instructions of160 acres- the Surveyor General. 104. Sec. III. All fractional parts of surveys which may be crea- Fractions of ted, containing 100 acres or upwards, shall .be held and deemed priz- more drawn es, and all fractions under 100 acres, shall be reserved for public use, !£rved!~ro~ and be disposed of as a future Legislature may direct. 105. Sec. YII. It shall be the duty of the Surveyors appointed how the in pursuance of this Act, to make the surveys of the sections and b^measuro^ districts to which they may be appointed, in their own proper per- mdl^d'r^ sons, to mark or cause to be marked, plainly and distinctly, uponturnod- trees, if practicable, otherwise on posts, all stations and all lines which may be required to be run, for the purpose of making the surveys of their respective sections and districts immediately, upon being re¬ quired so to do by the Governor ; to cause all such lines to be meas¬ ured with all possible exactness, with a half chain containing 33 feet, divided into fifty equal links, which shall be adjusted by the Sur¬ veyor General, according to the standard in his office ; to take as ac¬ curately as possible the meanders of all water courses, which shall form natural boundaries to any of the surveys ; to note in field books to be kept by them respectively, the name of the corner and station trees, which shall be also marked and numbered under the direction of the Surveyor General, also all rivers, creeks and other water cours¬ es, which may be touched upon or crossed in running any of the lines aforesaid, transcripts of which said field books, after being compared with the originals, by the Surveyor General, and certified and sign¬ ed on every page, by the Surveyor returning the same, shall be de¬ posited in the Surveyor General's office, and become a record, and the district Surveyors shall, unless prevented by unavoidable cause, make a return of their surveys and works, within 120 days from the time they are notified to enter upon the discharge of their du¬ ties, containing a map of their district, in which shall be correctly represented and numbered, all lots and fractions of said district, and all waters therein delineated, as the Surveyor General may direct, and also representing the extent of improvements on each lot or frac¬ tion, as nearly as they can estimate the same, and also return at the same time a detached plat of each lot and fraction, which said dis¬ trict may contain, certified and signed by such Surveyor, which plat shall be filed among the records of the Surveyor General's office, and /rom which copies shall be taken to annex to grants. 106. Sec. XII. The land to be surveyed under the provisions of land Limitation. 696 LAND—Lotteries, Islands, &c.-—1830. Navigation—Fraudulent. draws—Islands in Flint and ('hattaliooclno. this Act. shall be classed under the following heads, viz : First quality river land, second quality river land, first quality oak and hickory upland, second quality oak and hickory upland, third quality oak and hickory upland, first quality pine land, and pine land ; and it shall be the duty of Surveyors, charged with the business of dividing the districts into lots, to note upon the separate plat of each lot which he is required to file in the Surveyor General's office, the quality of each1 lot according to the foregoing classes, the number of the same; the enumeration to commence in all square districts in the north-west corner and to run east. navigation 107. Sec. XYII. The right of navigating the streams in said' reserved, territory be, and the same is hereby reserved to the State. prizes. 108. Sec. XXII. which prizes shall consist of all square' lots, and tracts of 100 acres, and upwards, in said territory, not here¬ in reserved. Grants. 109. Sec. XXIII. All persons who may draw lands under this Act, shall be entitled to receive grants for the same, conveying fee- Fee- simple titles, on paying into the Treasury of this State, the sum of $18 ; and any person drawing, and failing to take out his grant with¬ in five years from the date of said draw,* shall forfeit his or her right to receive a grant to the land so drawn, and the same shall revert to orphans,&c. the State; orphans, and deaf and dumb, and blind persons, idiots, Taxed and lunatics excepted; and all persons who shall draw lands in this grant®"or lottery, except orphans, idiots, and lunatics, shall, whether the same1 not. be granted or not, pay taxes thereon at the same rates, as for other lands of similar qualities, until they shall sell or relinquish the same to the use of the State by writing to be filed in the office of the Sec¬ retary of State. rrauduient HO- Sec. XXVII. [Prescribes the proceedings by scire facias to draws. the final trial]—And the land when condemned, shall belong, one half to the State, and the other half to the informer, and subjeet to be laid off, between the informer and the State, by writ of partition to be issued under the direction of the Superior Court of the County in which the land lies, and to the proceedings of said writ of parti¬ tion, on behalf of the State, it shall be the duty of the Solicitors General, in the respective Circuits to attend, and when the saidlands are so laid off, the informer shall be entitled to a plat and grant for his share, upon the payment of the legal office fees. An Act to provide for Surveying and disposing of the unappropria¬ ted Islands in the Flint and Chattahoochee fivers,' and for grant¬ ing the same.—Approved Dec. 22, 1830. Pam. 150. [Islands in the Flint to be sold by the several Sheriffs.] islands in 111. Sec. VI. The several Islands lying in the rivers Flint and Chattahoo- Chattahoochee, and not included in any of the Counties of this State, te neearesetx'd be annexed to, and form part of the County nearest to which' county. tbe larger portion of any of such islands may be. *Time extended by various Acts, to 1843. LAND.-—Lotteries, Reverted Lots, &c.—1830-'31. 697 Gold Lottery. An Act to sell and dispose of certain fractions in the fifth district of j Early County.—Approved Dec. 22, 1830. Pam. 143. [By the Sheriff of that County.] An Act to extencl the time for fortunate drawers in the Land Lotte- ■ ries of 1818, 1819 and 1821, to take out their grants.—Approved ' Nov. 19, 1831. Pam. 149. [Extended till 25th December, 1837. Grant fees in lottery of 1821, $5.] An Act to lay out the Gold region in the lands at present in the oc¬ cupancy of the Cherokee Indians, into small lots, and dispose of the same by separate Lottery.—Approved Dec. 24, 1831. ' Pam. 164. 112. Sec. I. Districts number one, two, three, four, five, eleven, Goia Lottery twelve, thirteen, fourteen, and fifteen, in the first section; districts number one, two, three, fifteen, sixteen, seventeen, eighteen, nine¬ teen, and twenty-one, in the second section; districts number one, two, three, four, seventeen, eighteen, nineteen, twenty, and twenty- one, in the third section; and districts number one, two, three, six¬ teen, and seventeen, in the fourth section ; shall, by the Surveyors heretofore pointed out by law, be subdivided into lots of forty acres 40acre iota, each, by lines running parallel with the district lines, at the distance of twenty chains apart, and crossed by other lines, at right angles, and ot the like distance from each other, marked and numbered ac¬ cording to the plan prescribed by the Surveyor General. Sec. V. [Directs that this lottery be drawn with, and under the same regulations as the other, and that]—all persons who may draw land by authority of this Act, shall in like manner receive a grant for Grants, the same, on payment of the ten dollars. An Act to alter and amend the sixth section of an Act entitled 11 an Act to sell and dispose of the State's interest in Lots of Land which have been or may hereafter be condemned us fraudulently drawn, in the Counties of Lee, Muscogee, Marion, Harris, Talbot, Troup, Meriwether, Coweta, and Carroll f passed the 2()th day of Dec. 1828.—Approved Dec. 27, 1831. Pam. 147. [Extending the former Act (as respects the Sheriff's pay, and du¬ ty of making returns) to all the other Counties west of the Flint.] An Act to sell Lots No. ten and one hundred, in the several districts 88 698 LAND.—Lotteries, Reverted Lots, &c.—1832—'33. Levies. in the County of Lowndes, reserved for Academical purposes.— Approved Dec. 22, 1832. Pam. 118. [By the Sheriff.] An Act to dispose of and distribute by Lotteries, all the fractional parts of Surveys in the Counties oj Union, Lumpkin, Forsyth, Cobb, Paulding, Cherokee, Floyd, Cass, Gilmer, and Murray.— Approved Nov. 29, 1833. Pam. 126.—[Prince, 564.] [To be drawn for and granted in the same manner as the lots.] An Act to reduce the Fees on Grants to fortunate draivers in the late Land and Gold Lotteries of the Lands of this State in the Cher' okee country.—Approved Dec. 13, 1833. Pam. 99. [$10 on land lots and $5 on gold lots.] An Act to prescribe the mode of selling Land at Sheriff's sale in the Counties of Lumpkin, Paulding, Cobb, Gilmer, Union, Cass, Murray, Cherokee, Floyd, Forsyth and other Counties that may hereafter be made of a part or parts of said Counties, and to make valid certain sales of Land in said Counties.—Approved Dec. 23, 1833.—Pam. 121. Lots not to 113. From and after the passage of this Act, the Sheriffs, dep- tin gwnted" uty Sheriffs, Constables and other levying officers, in and for the Counties aforesaid, shall not be required, nor shall it be their duty, to levy on any lot or lots, parcel or parcels of land in said Counties, un¬ til the grant from the State for the same, or a certificate from the Ex¬ ecutive office that the same has been duly granted, shall be exhibit¬ ed to him or them.* bothow, 114. Sec. II. No lot or lots, parcel or parcels of land situate or being in said Counties, which have been heretofore levied on, shall by the pfficers aforesaid be sold or exposed to sale, until the grant for the same, or an Executive certificate that the same has been granted, shall be exhibited to the officers whose duty it shall be to sell, or expose to sale the said lot or lots, parcel or parcels of land.* tob^rcfu"cu H®- ^EC- HI- Any Sheriff.,deputy Sheriff, or other ministerial officer, who shall hereafter sell any lot or lots, parcel or parcels of land situated in said Counties, until the evidences aforesaid, that the same has been granted, shall be exhibited to him. shall be compelled by rule, (of or from the Superior Court of his County) to refund to the purchaser at said sale, the money that he may have paid by reason of, or in consequence of said sale. •See Act of 1841, sees. 128, 129. LAND.—Lotteries, Reverted Lots, &c.—1833-34. 699 Sales and mortgages before granted—Fraudulent draws—Sales, &c. 116. Sec. IV. Prom and after the passage of this Act, sales mortgages of land, situated in said Counties, that may be hereafter void- made, either by Sheriffs, or other person or persons, before the grant for the same shall have issued, shall be void and of no effect, either in Law or Equity.* Sec. Y. [Temporary.] Sec. VI. [Repeals all repugnant laws.] An Act to place purchasers of the States' interest in Lots oj Land, condemned and sold as fraudulent, on the same footing with pur¬ chasers oj fractions, in certain cases.—Approved Dec. 23. 1833. Pam. 123.—[Prince, 565.] [Where instalments are not paid, allowed on same terms.] An Act to sell, with the consent oj the ivjormer, all Lots of Land drawn in the Gold Lottery in •the Cherokee Territory, returned and con¬ demned as fraudulently drawn.f—Passed Dec. 19, 1834. Pam. 160. [To be sold by order of Superior Court, and proceeds divided. Sheriff's deed, full title. For Act in full, see Prince, 566.] An Act to regulate the Fees on Grants jor Lots 10 and 100, hereto¬ fore set apart for Academic purposes.—Passed Dec. 20, 1834. Pam. 120. From and after the passage of this Act, the fees for grants on lots 10 and 100, heretofore reserved by the State for academic purposes, shall be two dollars, any law to the Contrary notwithstanding. lots- An Act to authorize and permit such persons as may have drawn lots in the late Land and Gold Lotteries in this State, which may he in the occupancy of Cherokee Indians, or other persons claiming in right oj Indian families, to test the same for gold and operate thereon, under certain restrictions, either by themselves or per¬ sons legally authorized thereto by said drawers.—Approved Dec. 22, 1834. Pam. 159. * [This Act may be considered as abrogated by the Act of 1835. See Indians.] •See Act of 1841, sees. 128, 129. tSame provisions as to Gold Lottery, Dec. 21, 1835. Pam. 144, 700 LAND.—Lotteries, Reverted Lots, &e.—1835-30. Sales, &c. An Act for the relief of purchasers of hots of hand numbers left and one hundred, heretofore reserved by the State for the education of poor children.—Approved Dec. 24, 1835. Pam. 244. ' [Defaulters re-invested with right, on paying instalments, with interest.] An Act to vest in persons who paid for the same, the title to hots of hand andFractions, which were advertised in May an I Jan% in the year 1834, as forfeited.—Approved Dec. 24, 1836. Pam. 226. [Certain purchasers to receive grants.] An Act to rent for the year 1828, the reserves and improvements in Lee, Troup and Muscogee. Vol. IV". 265. Act giving to the plaintiff who may take out the grant, a prefer¬ ence before other plaintiffs in scire facias, lb. 266. Giving indulgence to purchasers of fractions on certain term^t. Ib. 272. To put purchasers of public lands into peaceable possession. Ib, 270. Prescribing the mode of perfecting service on defendants in scire facias. Ib. 271. Limiting the time for return of fraudulent draws. Ib. 273. To appoint an agent to rent out all public reserves, improvements, &c. Pam. of 1830, 145. Act amendatory of the foregoing. Pam. of 1831, 144. An Act for the relief of purchasers of fractions, town lots and islands at the late land sales, made at Milledgeville, in the years 1828 and 1829, and at the sales of town lots in the Towns of Mar con and Columbus.—Approved Dec. 22, 1830. Pam. 175. [Re- stores all forfeited lands to the purchaser.]—Provided, he shall pay all or any instalment due and unpaid, with the interest due thereon, on or before the first day of July next. Further time given to all purchasers of the State's half of fraud¬ ulent draws, on depositing their notes in the Central Bank. Act of 1836, Pam. 138. An Act to extend the time forfortunate drawers in the several Land Lotteries, from the year 1818. to the present time : and in the Lot' LAND.-t-Lotteries, Reverted Lots, <5&c.—1837-'38. 701 Islands in Chattahoochee. , , tery for the Gold Districts, in the Cherolcee country, to take out iheip Grants.—Assented to Dec. 11, 1837. Pam. 122. [Extends the time to 25th Dec. 1840, except in Early, Irwin and Appling, to 1st Nov. 1840.] An Act to authorize Grants to issue, in the name of informants and purchasers, for parts of certain Lots of Land in the County of Cher¬ okee, which have been condemned as fradulently drawn, and which have been partitioned and sold under an order of (he Superior Court of said County.—Assented to Dec. 25, 1837. Pam. 119. [The title gives the substance of this Act.] An Act to sell certain Lands therein mentioned, and dispose of the proceeds arising from the sale thereof—Assented to Dec. 31, 1838. Pam. 149. [Provides for the sale of No. 122, 14th district, 2d section, Cher¬ okee, and 114, same district, by the-Sheriff, and he to make titles thereto.] An Act to authorize the Governor to appoint a Commissioner to sur¬ vey and sell the Islands in the Chattahoochee river, in any wise * belonging to the State, and to sell lot number three hundred and eighty-three, in the 20th District of Early.—Assented to Dec. 29, 1838. Pani. 143. 117. Sec. I. Be it enacted, That from and after the passage of islands in this Act, it shall be the duty of his Excellency the Governor to appoint cheetob«" some fit and proper person to act as a Commissioner, to survey and hidfuiL sell the Islands in the Chattahoochee river, such as have not been sold heretofore, reverted or in any manner belonging to the State of Georgia. 118. Sec. II. The said Commissioner shall proceed forthwith to Publication, make an accurate survey of the Islands, and after ninety days' pub¬ lication in the gazettes of Milledgeville and Columbus, giving the number and quantity of acres in each, shall proceed to sell at public sale, outcry, in the«City of Columbus, said Islands. 119. Sec. III. The terms of sale shall be one-fourth cash, and one fourth the balance in three equal annual instalments. ance in three 120. Sec. IV. The said Commissioner is hereby authorized to issue to purchasers of said Islands, certificates, with the conditions of*°Purclias" the third section, stating the number of the Island purchased, the quantity of acres, and the price agreed to he paid: Provided, said Proviso, purchaser shall have paid to said Commissioner, one-fourth part of the purchase money in cash. 702 LAND—Lotteries, &c.—183S-39. Time extended. Oram. 121. Sec. V. Upon the payment in full of the purchase money, agreeable to the provisions of this Act, the purchaser, or his assigns, shall be entitled to receive a grant from the State, in the usual form, for each [of] said Islands; Provided, the purchaser or his assigns, shall f<*». pay into the Treasury of this State, the sum of five dollars. Payments 122. Sec. YI. Upon the failure to pay the instalments, the pay- ments which have been made shall be forfeited, and the Island shall ar» not paid, be sold again : Provided, that any purchaser may at any time before said sale, put his note, with good and sufficient indorsers, into the Central Bank, for the balance due, and be entitled to take out the grant for the same ; and if any person shall pay up any of said in¬ stalments before the same shall become due, or make his note aa aforesaid, he shall be entitled to a deduction of six per centum from the amount of said instalment. •a:b or 123. Sec. VII. The Commissioner shall, previous to the enter¬ ed 88,0 * ing upon the discharge of his duty, take and subscribe the following oath : " I do solemnly swear, that I will faithfully and honestly dis¬ charge my duty, as Commissioner under this Act, and will immedi¬ ately after the sale, make a true return of my actings and doings to his Excellency the Governor, and pay into the Treasury the cash payments received from said sales." And said Commissioner shall be entitled to receive for his services five dollars ] erday. and his ex¬ penses in surveying, to be paid by the Governor out of any money in the Treasury. taieiest. 124. Sec. VIII. Said instalments and notes, shall bear interest from the day of sale. Sec. IX. [Local.] Sec. X. All laws and parts of laws militating against the pro¬ visions of this Act, be, and the same are hereby repealed. An Ait to authorize the Commissioners of the Indian Springs Risirve to sell and dispose of such of the streets and public passways of Ik' Indian Springs Reserve, in the County of Butts, as are not necessary for the pub¬ lic use, and to appropriate the money arising from such sale.—Assent¬ ed to '29th Dec. 1838. Pain. 142. [Streets to be sold at public outcry, and commissioners to make titles. The proceeds to be applied to the improvement of the re¬ serve.] An Act to extend the time to fortunate drawers, the time of* tclirg out their grants in the Counties of originally Appling, Parly, Irwin, Hall, Haber¬ sham, Walton, Gwinnett and Rabun, and for other purposes.—Assented to Dec. 21, 1839. Pam. 7. [Extended to 15th December, 1840.] An Act to authorize the Sheriffs of the Counties of Decatur, Thomas, Lowndes, Ware and Wayne, to sell the fractions in said Counties, and for other purposes.—Assented to 23d Dec. 1839. Pam 40. LAND.—Lotteries, &c.—1839—1840. 703 Reverted lots in Early, &c. [Fractions on Florida line, to be sold at public outcry, one-half cash, one-half twelve months. Grants to issue. No sale under $1.25 per acre.] An Act to authorize Henry Dillon to erect or build a Circular Rail- . way on the Indian Spring Reserve, in the County oj Butts.—As¬ sented to Dec. 23, 1839. Pam. 190. An Act to extend the time for taking out Grants jor Lands in the Counties of originally Early, Irwin, Appling, Hall, Habersham and Rabun, and to provide for the disposition oj the same if not granted within the time extended.—Assented to 19th Dec. 1840. • Pam. 121. Sec. I. [Extends the time to 1st Sept. 1841.] 125. Sec. II. From and after the said first day of September, afterwards eighteen hundred and forty-one, all the said lands in said Counties fny"™! on of originally Early, Irwin, Appling, Hall, Habersham and Rabun, ®1000* which shall then remain ungranted, shall be considered as reverted to the State: and any person, a citizen of this State, by paying in¬ to the Treasury the sum of one thousand dollars, shall be entitled to and receive from the Surveyor General a grant to any ungranted lot of land in the Counties aforesaid ; from and after the first day of Alter Oct i, October next, by paying into the Treasury the sum of four hundred !$oo!yin8 dollars; from and after the first day of November next, by paying After Nov, i, into the Treasury the sum of three hundred dollars; from and after ^m the first day of December next, by paying iuto the Treasury the After Dec. i, sum of two hundred dollars; from and after the first day of Janua-Jan. 1( ry, eighteen hundred and forty-two, by paying into the Treasury 1842> $100- the sum of one hundred dollars ; from and after the first day of February, eighteen hundred and forty-two, by paying into the After Peb. lt Treasury the sum of fifty dollars ; from and after the first day of®50- March, eighteen hundred and forty-two, by paying into the Treasu- ry the sum of twenty-five dollars; and from and after the first day of April, eighteen hundred and forty-two,-any person, a citizen of^c|jAprU the aforesaid State, by paying into the Treasury the sum of five dollars, shall be entitled to, and receive from the Surveyor General a grant to any ungranted lot of land lying in the Counties aforesaid. 126. Sec. III. Should two or more of such persons apply for airtwoappu- grant to the same lot of land at the same time, the Surveyor Gener- edby'iot^4" al shall put the names of all the persons so applying into a hat, and draw one out, which shall be entitled to the grant, upon the pay¬ ment of the above prices required, unless one of the applicants shall unless one & be the original drawer—then and in that case the said 'drawer shall drawer!1'^ be entitled to the grant for said land: Provided, that no one individ- Proviso, ual, who shall have received a grant under this Act, shall be privi¬ leged to draw with others for any other lot, nor any individual who may have been fortunate in having his or her name drawn from the hat as above stated. 127. Sec. IV. From and immediately after the passage of this 704 LAND.—Lotteries, &c.-—1840-r'4I. In Hall, &c.—Sales, deeds and mortgages before grant issues. Personap- Act, any- person applying under the first section of this Act, to.take uiakihnnL out any grant in the above described Counties, shall take an oath owner or°is that lie is the proper owner of said lot, or the lawful agent of the agent, owner thereof, and shall produce a power of attorney from the own- ? er of said lot, properly attested : Provided, that any judgment cred¬ itor may take out such grant, upon making and filing his or her af- cr judirraent fidavit, that lie or she is a judgment creditor of the drawer, and ap- creduor. p} ;(>s for the grant for the purpose of selling said lot under his or her execution. Sec. Y. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to extend the time for fortunate drawers in all the Land, 'Lot¬ teries, and in the Gold Lottery, to take out their Grants, except the Counties herein excepted.—Assented to 23d Dec. 1840. Pam. .122. [Time extended to ,1st Oct. 1842.] An Act to authorize the Sheriff of Mer no ether County to sell the State's in terest in all lots or fractions of Land lying in said Coun¬ ty.—Assented to Dec. 10, 1841. Pam. 91. [By Act passed 10th Dec. 1841, Pam. 96, time was extended to fortunate drawers in all the land and gold lotteries, until the 1st Dec. 1843. This Act was repealed by Act passed 28th Dec. 1842, Pam. 119, and the time limited to 1st of July, 1843, and both Acts were repealed by Act of 21st Dec. 1843. See sec. 131,] sin Act to amend the fourth section of an Act entitled an Act to pre¬ scribe the mode of selling Land at Sheriff's sale, in the Counties of Lumpkin, Paulding, Cobb, Gilmer, Union, Murray, Cherokee, Floyd, Forsyth, Walker, and other Counties, that maybe made of>a part or parts of said Counties, and to make valid'certain sales of land, in said Counties, approved December 23d, 1833, and to make valid certain deeds, mortgages and other conveyances of land made since the passage of the above recited Act, within the Counties above recited1.—Assented to Dec. 13, 1841. Pam. 101. Eaie=i i>y 128. Sue. I. Be it enacted, That the fourth sectioh of the above coroners" rocked Act, shall bein the words following : from and after the pas- sage of this Act, sales of land situated in said Counties that may be volJ' hereafter made by Sheriffs' or Coroners, before the grant for the same shall have issued, shall be void and of 110 effect, either in Law or Equity. Dosruan.-i 139. Sec. II. All deeds, mortgages.and other conveyances ,of u-rorce'o lands situate in any of the Counties mentioned in the abo» e recited {•"out U)jj' and which have been made since the passage of the same, or which shall hereafter be made, and before the grant was or is taken out LAND.—Reverted Lots, &c.—1841—'42. 705 llefunding grant fees. for the same, other than those made by Sheriffs or Coroners, shall be held and considered valid and binding in Law and Equity when the grant is taken out for the same ; any law, usage or custom to the contrary notwithstanding. Sec. III. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act. for the relief of the Drawers or Owners of certain Lands, in the first District of Muscogee County.—Assented to Dec 10, 1841. Pam. 182. [The preamble recites that a re-survey having taken place, the numbers of fortunate drawers fell on lots already granted. Enacted that they should have the lots corresponding in number in the new survey.] An Act to alter and amend an Act entitled an Act to authorize the Sheriffs of the Counties of Decatur, Thomas. Lowndes, 'Ware and Wayne, to sell the Fractions in said Counties, and for other pur¬ poses ; to provide for carrying the same into effect, so far as relates to the County of Decatur ; and to declare certain notes void.—As¬ sented to 11th Dec. 1841. Pam. 97. [Relieves purchasers in Decatur County, who had given their notes to the Sheriff, who had resigned and left the State, carrying the notes ; and provides for grants to issue to them. The notes declar¬ ed void.] An Act to refund to persons who have paid the fees on grants of re¬ verted lots, the amount paid, by them, in all cases in which a. grant has been previously issued to the drawer or other person, for the same number or numbers.—Assented to 19th Dec. 1842. Pam. 90. Whereas, in several instances, grants have been issued to appli¬ cants under the Act of eighteen hundred and forty, reverting and disposing of the lands in the Counties of originally Early, Irwin, Appling, Hall, Habersham and Rabun, for lots of land previously granted to the drawers of the same; said lots appearing to have been ungranted on the books of the Executive office, but which, on examination of the records in the Secretary of State's office, were already granted ; in consequence of which, two or more grants have been issued for the same lots. 130. Sec. I. Be it enacted, That in all cases in which a grant has been issued to an applicant under said Act of eighteen hundred whereto and forty, and the fees paid by such applicant, where the number so been previ- granted has been previously granted by the State to the drawer there- °£sly 8fanS" 89 706 LAND.—Reverted Lots, &e.—1842*—43. Time extended. of, or other person, and the same being shown, to his Excellency the Governor, to have been twice granted, that his Excellency the Gov¬ ernor shall upon the presentation of such last grant, order the same to be cancelled on the books of the several offices, and to draw his warrant on the Treasury payable out of any money not otherwise appropriated, for the amount so paid by such applicant or person to whom said lot or lots have been granted, to refund the fees so paid by him or her for said last mentioned grant or grants. An Act to authorize the Sheriff of Harris County, to sell, the Stated interest hi all lots or fractions of land, lying in said County.—As¬ sented to 28th Dec. 1842. Path. 88. [All fraudulent draws.] An Act to repeal an Act entitled an Act to extend the time for fortu¬ nate drawers in all the land and Gold Lotteries, to take out their Grants, assented to in December, 1841, and to limit the time for fortunate drawers in said lotteries to take out their grants ; and to provide for the disposition of the same, if not granted within tk limitation; and to provide for taking out the grants on lt,ead rights, assented the 28 th December, 1842, and to extend the time for grunt¬ ing the same.—Assented to 21st Dec. 1843. Pam. 67. ammcfo} Sec. I. Be it enacted, That an Act entitled an Act. to ex- i&!2ropoui'd tend the time for the fortunate drawers in all the land and gold lot¬ teries, to take out their grants, excepting the Counties hereinafter excepted, assented to the tenth December, 1841, and the Act above recited and assented to the twenty-eighth day of December, eigh¬ teen hundred and forty-two, be and the same is hereby repealed. time cxiPTi- 132. Sec. II. The fortunate drawers in the land lottery of nate dr.uv-'1 eighteen hundred and twenty-one, embracing the Counties of orig- uYs-n.001' bad 1 y Dooly, Houston, Monroe, 'Henry and Fayette ; and the fortu¬ nate drawers in the land lottery of eighteen hundred and twenty- ' seven, embracing the Counties of Lee, Muscogee, Troup, Coweta and Carroll; and the fortunate drawers in the land and gold lottery of eighteen hundred and thirty-two, embracing the County of originally Cherokee, but now Cherokee, Forsyth, Cobb, Cass, Lumpkin, Gil¬ mer, Murray, Walker, Paulding, Dade, Chattooga, Union and Floyd, shall take out their grants on or before the first day of October, eighteen hundred and forty-four, or the same shall be forfeited and favwdr considered as reverted to the State : Provided, always, that the op- othef and era4i°n of this Act shall not apply to orphan or orphans, until twenty- one years shall have expired after the drawing of such orphan or or¬ phans, nor to illegitimate person or persons, lunatic, deaf and dumb, or blind persons. ukd3u^an1 1^3. Sec. XII. From and after the said first day of October, eigb- aftor dfYneteen inrndred and forty-four, any person, a citizen of this State, by JS44, $souo. paying into the Treasury the sum of two thousand dollars, shall be LAND.—Reverted Lots, &c.—1843-45. 707 Grant fees to purchasers—Decision between applicants. entitled to receive from this State, [a grant,]1 in his, her or their name, to any ungranted lot of land, in the Counties aforesaid ; from and after the first day of November thereafter, by paying into the After Nov. i Treasury the sum of fifteen hundred dollars; from and after the $1530- first day of December thereafter, by paying into the Treasury the After d0C. i, sum of one thousand dollars*; from and after the first day of Janu- After ban. i, ary, eighteen hundred and forty-five, the sum of five hundred dol- 1845' $50°- lars ; from and after the first day of May thereafter, by paying into After May i, the Treasury the sum of two hundred and fifty dollars ; from and $~50' after the first day of July thereafter, by paying into the Treasury After July 1, one hundred dollars; from and after the first day of September, by After sePt.i, paying into the Treasury the sum of twenty-five dollars f [from and $25' after the first day of January thereafter, by paying the sum of five pug]$5.*' dollars*.] 134. Sec. IV. Should two or more persons apply for the same decided by lot at the same time, the Surveyor General shall place each name more'than of all the applicants, in a hat, and the first name drawn out shall be c£nt,apph~ entitled to the gl'ant on paying into the Treasury the sum before re¬ cited, unless one of them should be the drawer or tenant in posses- Drawer has prcfcriiitcc sion; then, in that case, the original drawer should have the prefer¬ ence, the tenant in possession next: Provided, that no one individual t'rjviso. who shall have received a grant under this Act. shall be privileged to draw with others, for any other lot; nor any individual who shall have been fortunate in having his or her name drawn as before stated. 135. Sec. V. After the passage of this Act, any person making ap- affidavit plication for grants, shall make affidavit that the application is made of apphCint' as the friend of the drawer, in good faith, and for the benefit of such drawer, as creditor or friend of a creditor of the drawer, and for the purpose of selling the same under fi. fa. against the drawer ; or that he is bona fide the owner of the land for which the grant is sought. Sec. VI. All laws and parts of laws militating against this law, be and the same are hereby repealed. An Act to grant to Henry Dillon the right of building a Bath House upon the Reserve at the Indian Springs, in the County of Butts. Assented to 27th Dec. 1843. Pam. 71. An. Act to authorize the issuing of grants to such lots of land and fractions, as are embraced in the several Counties of this State, in the Land Lotteries of eighteen hundred and twenty-one and eigh¬ teen hundred and twenty-seven, and the Land and Gold Lotteries of eighteen hundred and thirty-two, and no provisions heretofore made for granting—and to such other lots (embraced in the aforesaid Land and Gold Lotteries) as the granting of which has been ar- * Altered by Act of 1815, sec. 110. (1.) Tbis word supplied. 2 Kelly, 113. (2 ) Tlus Actheld to be constitutional, 2 Kelly, 113, 708 LAND.—Reverted Lots, &c.—1845. Grant Fees to purchasers. rested by an Executive order on account of forgeries, a Iterations and erasures upon the Books of the Executive Department.—Ap¬ proved Dec. 27, 1845. Pam. 31. Whereas, there are yet remaining, tender the various surveys hereto¬ fore had, public lands, consisting of whole numbers and fractions, that were never deposited in the wheel at the drawing of the land lot¬ teries of eighteen hundred and twenty-one and eighteen hundred and twenty-seven, and the land and gold lotteries of eighteen hun¬ dred and thirty-two : And ivhereas, by fraudulent entries, alterations and erasures upon the Books of the Executive Department, grants have been refused to issue in pursuance of an Act of eighteen hun¬ dred and forty-three ; ungranted 136. Sec. I. Be it therefore enacted,"That from and immediate- bTgranted ty after the passage of this Act, any person, a citizen of this State, by paying into the Treasury the sum of two thousand dollars, shall be entitled to receive from this State, in his or her name, a grant1 or grants to any lot or lots, fraction or fractions of land, for the granting of which no provisions have heretofore been made, and to such lots for which the grants have been prevented to issue in pur¬ suance of an Act of eighteen hundred and forty-three, by an Execu¬ tive order, embraced in any County of this State, in the several land and gold lotteries aforesaid; and from and after the first day of March, eighteen hundred and forty-six, by paying into the Treasury the sum of fifteen hundred dollars; from and after the first day of Apriii,$1000 April thereafter, by paying into the Treasury one thousand dollars; May i, $7£io. from and after the first day of May thereafter, by paying into the Treasury seven hundred and fifty dollars; from and after the first June i, $5oo. day of June thereafter, by paying into the Treasury five hundred July i, $300. dollars ; from and after the first day of July thereafter, by paving into the Treasury three hundred dollars ; from and after the first day Aug. i, $2oo. of August thereafter, by paying into the Treasury two hundred dol- Sept.i, $150 lars; from and after the first day of September thereafter, by paying into the Treasury one hundred and fifty dollars ; from and after the Oct. i,$ioo.first day of October thereafter, one hundred dollars; from and after Nov. i, $75. the first day of November thereafter, by paying into the Treasury Dec. l, $50. seventy-five dollars ; from and after the first day of December there- Ja«. 1,1817, after, fifty dollars ; from and after the first day of January thereof- $25' ter, twenty-five dollars; from and after the first day of February Feb. i, $5. thereafter, five dollars. decided by 137. Sec. II. Should two or more persons apply for the same more than lot or fraction, the Surveyor General shall place the names of all the canbPpU" applicants in a hat, and the first name drawn out shall be entitled to receive the grant, on paying into the Treasury the sum before recited. Provided, that nothing in this Act contained, shall be so construed as to authorize the grant to issue to any fractional lots in any of the lotteries embraced in the Act of eighteen hundred and forty-three. ('0 Sec 8 Ga. Rep. 515. LAND.—Reverted Lots, &c.—1845-'47. 709 Preference to settlers. An Act to allow arty- person or persons applying for a. grant or grants to any reverted lot or lots under the Act of eighteen hundred and for¬ ty-three, tofile an affidavit of their intention to settle the lot applied for, and to give preference to such applicant, and to alter the price of grants as herein provided, and to extend the time for granting at the present price.—Approved Dec. 27, 1845. Pam. 33. 138. Sec. I. Beit enacted, That from and after the first day of4PPri?.ant. , A 7 . . r , ■ n i • intending to January next, any person or persons, citizens ot this State, applying settle shall for a grant or grants to any of the reverted lands, under the various ence.prefer~ lotteries of this State, shall, upon his or her filing in the office of the Surveyor General, his or her affidavit of his or her intention to set¬ tle said lot so applied for, have a preference to the grant over all other applicants who have not, or do not file such affidavit. Pro¬ vided, the original drawer shall have the preference in all cases. 139. Sec. II. When two or more persons apply tor a grant to ®®cis the same lot, and make affidavit of intention to settle the same, the than one ap- Surveyor General shall settle by lot, which of the applicants shallpllCdnt* have the lot, any law to the contrary notwithstanding. 140. Sec. III. So much of the Act assented to the twenty-first Time for December, eighteen hundred and forty-three, entitled an Act to re- §S™Ttend- peal an Act to extend the time for fortunate drawers in all the land Feb- and gold lotteries, to take out their grants, assented to in December, eighteen hundred and forty-one, and to limit the time for fortunate drawers in said lotteries to take out their grants, and to provide for the disposition of the same, if not granted within the limitation, and to provide for taking out the grants on head rights, assented to the twenty-eighth December, eighteen hundred and forty-two, and to extend the time for granting the same, so far as relates to the granting of lands from and after the first day of January, eighteen hundred and forty-six, at and for the sum of five dollars, be and .the same is hereby repealed—and that the time of granting reverted lands at twenty-five dollars, be extended to the first of February, eighteen hundred and forty-six, and that from and after the first of Afte* Feb. i, February, eighteen hundred and forty-six, any person, a citizen of ®10' this State, by paying into the Treasury the sum of ten dollars, shall be entitled to receive from the State in his own name, a grant to any ungrantedlot of land, as contemplated in the above recited Act, and that from and after the first of May next, thereafter, the sum of five ^ dollars. An Act to authorize the Governor to appoint Jit. and proper persons to sell and dispose of the undrawn lots in the Land Lotteries heretofore had in this State, and to limit the time for fraction purchasers to pay for and to take out grants for fractions.*—Approved Dec. 30, 1847. Pam. 109. 141. Sec. I. Be it enacted, That all persons who have purchased ♦Act amended 18-50, sec. 167. 710 s LAND—Reverted Lots, &c.—1817. Purchasers of Fractions—Sales of ungranted Fractions—Grants—Grant fees. Time exten-fractional lots in this State, under the law requiring them to take chasers'of out the grants for said fractions, shall have until the first day of No- tractions. yember next to take out his, her or their grants. Revert 142. Sec. II. All grants for said fractions which shall not be after that taken out as required by the first section of this Act, the said frac- tlHae' tional lots of land shall revert to and become the property of the State. sheriffs to 143. Sec. III. It shall be the duty of the Governor to furnish ed'fractions! the several Sheriffs in the Counties where such fractional lots of land may be, with a list of all such ungranted fractional lots, and the said Sheriffs shall be authorized and required to proceed to ad¬ vertise and sell the said ungranted fractions by giving the notice as now required by law for the regulation of Sheriff sales, who shall receive the same compensation as allowed by law in other cases of Sheriff sales. Governor to 144. Sec. IY. His Excellency the Governor be authorized and Oi^concfi- required to prescribe the conditions and terms of sale to be complied tions. with before a grant shall issue to any purchaser of such fraction¬ al lots. undrawn 145. Sec. 5. All undrawn lots of land shall be disposed of under lots also, same regulations as prescribed in this Act for the sale of frac¬ tions. proceeds to 146. Sec. 6. The said Sheriff shall be required to pay over to be paid over. ^ Treasurer 0f tLis State all moneys they may receive under the provisions of this Act, and on failure to do so they shall be liable on their bonds and to be ruled as in other cases of default, purchasers 1-47. Sec. 7. The owner of any fraction, lot, or island, original¬ ly sold by the State, may obtain a grant therefor, in the name of the original purchaser, upon producing satisfactory evidence of own¬ ership to the Governor, although such person may not be able to produce the State's certificate for such fraction, lot, or island, provid¬ ed the purchase money for the same be paid, with all interest due Grnnt thereon. And the fees for grants to all such fractions, lots, or islands, tmns'andac be graded according to the quantity of land contained in the islands. same as follows : For a grant to any island, lot or fraction, contain¬ ing less than fifty acres, one dollar—for a grant for any island, lot or fraction, containing over fifty and under one hundred acres, one dol¬ lar and fifty cents—over one hundred and less than one hundred and fifty acres, two dollars—over one hundred and fifty acres, three dol¬ lars. An Act to authorize improvements to he made on the Reserve at the Indian Spring, in the County of Butts, and to protect the same from trespass, and for other purposes therein mentioned.—Approv¬ ed Dec. 30, 1847. Pam. 193. [Authorizes John G. Park to make various improvements, and grants him the privilege of using the grounds for 30 years.] An Act to declare certain lands in the County of Ware forfeited lo LAND. —-Reverted Lots, &c.—1847—50. 711 Sale by Commissioner—Lands in Ware. the State, and to provide for disposing of the same.—Approved Deb. 30, 1847. Pam. 103. Whereas, certain lands situated in the twelfth and thirteenth dis¬ tricts of the County of Ware were sold in the year eighteen hundred and thirty-four, by virtue of an Act of the General Assembly of this State, passed on the twenty-third day of December, eighteen hun¬ dred and'thirty-three ; and whereas the terms and conditions of sale by said Act prescribed have riot been complied with by a great nam- ber of the purchasers of said lands, and the said lands are therefore of right'the property of this Ste!te— 148. Sec. I. Be it enacted*, That frofe and after the passage of lands in this Act, all the lands in the said County of Ware, sold by virtue ed!**8 fcr'clS" and authority of the above recited Act, which have not been paid for and duly granted according to the said Act-, shall be held, deem¬ ed and considered as forfeited to the State, and all the right, thUeand interest of the purchaser or purchasers there'of in and to the same, are hereby extinguished and forever destroyed. [Remainder of this Act repealed by next Act. See also sec.. 157.} -An Act. to declare certain lands in the County of Ware forfeited to> the State, and to provide for disposing Of the same ; also, to repeal the second, third, fourth, fifth, sixth, seventh and eighth sections of an Act approved December 30th, 1847, to declare certain lands in the County of Ware, forfeited to the Stale, and to 'provide for dis¬ posing of the same, and to fix the price of certain grants A—Approved Feb. 23, 1850. Pam. 298. 149. Be it enacted, That from and after the passage of this Act, all the lands in the 12th and 13th districts of originally Appling, now ted- Ware County that was sold under and by virtue of an Adt'approved 22d December, 1827, that are not granted by the first day of October next, be and the same are hereby forfeited to the State'. 150. Sec. IL It shall be the duty of his Excellency the Gover- nor to appoint a suitable person to act as agent or coriimissioner, to sen. sell at public sale, before the Court house door in the County of Ware, all the lands forfeited to the State by virtue and authority of this Act, first giving notice thereof thirty days in one of the public Notice; ■gazettes of this State, and at the Court house in said County" said sales to continue from day to day until all ate sold or offered for Sale. sale. 15 h Sec. IIL Said Commksioner, before entering upon the i ■ 1 j n U boim duties of isaid commission or agency, shall give borid and security to his Excellency the Governor, in the sum. of twenty thousand dollars, for the faithful performance of his duties as Commissioner aforesaid. 152. Sec. IV", The terms of sale shall fiA.one-fourth .cash, and^yscit one-fourth annually, until the three remaining instalments are paid, for which the said Commissioner shall talis approved se¬ curity, payable to his Excellency thp £f°f trij Iris successors iri *Bdt se'c Act, see. 157', pass'ed hid 'approved on JJjg s&r,e (lay. Also &ec. 1^1 712 LAND.—Reverted Lots, &c.—1850. His duty and compensation—Lands which cannot be granted. office: and it shall be the duty of the Commissioner to give to each purchaser a certificate of purchase for each lot by him so purchased, and upon the presentation of said certificate, on the payment of the Crant fee. jast instalment, and first paying into the Treasury two dollars and fifty cents, shall be entitled. to receive a grant in his or their own name. compensa- 153. Sec. V. Said Commiseioner shall be allowed to retain five niincioner. pS r cent, out of all moneys by him collected, and two and a half per cent, on all notes by him taken, as a compensation for his services as Commissioner aforesaid ; and it shall be the duty of said Commis- £fto"thets si°ner to pay into the Treasury of the State, within two months Treasury, from the date of sale, all monies by him collected, first deducting the cost of advertising, and his own fees. Repealing 154. Sec. YI. The second, third, fourth, fifth, sixth, seventh dause' and eighth sections of an Act approved December 30th, 1847, de¬ claring certain lands in the County of Ware forfeited to the State, and to provide for the disposing of the same, are hereby repealed, and the second, third, fourth and fifth sections of this Act are hereby adopted in lieu of the said second, third, fourth, fifth, sixth, seventh and eighth sections of the above recited Act of 1847. wifinai* 155. Sec. YII. Original purchasers shall have grants at the same purchasers, price that is to be paid under this Act; and that all other purchasers of public lands, whether fractions, lots or islands, be allowed grants on the same terms, where the entire purchase money, with interest, has been paid, or is on deposite with the proper officer, or may be paid in the time limited by this Act. Sec. YIII. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to authorize the sale of all lands that cannot be granted un- der existing laws.—Approved Feb. 23, 1850. Pam. 299. 156. Sec. I. Be it enacted, That all lots of land in this State, which cannot be granted under the existing laws, shall be sold under the direction of the Governor, at public outcry, at the Court house of the County in which the same lies, after being publicly advertised three months in said County and in one of the public gazettes of this State. An Act to provide for the disposing of certain lands in the twelfth and thirteenth districts of the County of Ware, which weie sold under an Act passed the 23 d day of December, 1S33, and which* have not been paid for and granted by the purchasers under said Act.—Approved Feb. 23, 1850. Pam. 300. Whereas, an Act was passed on the 13th day of December, 1847, declaring certain lands in the 12th and 13th districts of Ware Coun¬ ty, therein described, forfeited to the State, and providing for the sale of the same, and said lands not having been sold according to the provisions of said Act: *But sec ante, sec. 149. Certain ungranted land* to be stdd. LAND.—Reverted Lots, &c.—1850. 713 Reverted lands in Ware—Sale by Sheriff. 157. Sec. I. B eit therefore enacted, That the Sheriff of the County siioriffauth- of Ware be and he is hereby authorized and required to offer for sale, certain0" at public auction, all of the above described lands, which may re-lunds' main unpaid for and ungranted on the first day of October next, Notice. first giving notice in two of the public gazettes in Milledgeville, and at the Court house in the County of Ware, at least one month prior to the day of sale, of the number of lots in each district, and the terms of sale, which shall be on the first Tuesday in the month, and be- sale, tween the usual hours of sale ; and the said Sheriff shall give to each purchaser a certificate of purchase, free of ch arge, on the payment Certificate, (by) said purchaser, of one-third the purchase money, the balance to be paid in equal instalments of one and two years. 158. Sec. II. Said Sheriff shall be required to pay into the Trea- payments sury of the State, within three months from the day of sale, all by Shcnffi moneys by him collected as aforesaid, after deducting five per cent. for his commissions and the actual cost of advertising. 159. Sec. III. On the payment of the last instalment, and on Grants, the purchaser presenting a certificate to the Surveyor General, attest¬ ing that the same has been paid, he shall be entitled to receive a grant for the land purchased by him, first paying into the Treasury the sum of two dollars and fifty cents. 160. Sec. IV. If the purchaser shall fail to pay all and every °-> mure to part of the purchase money, within six months after the last instalment bo forfeited.' becomes due, then his Excellency the Governor shall forthwith de¬ clare the lot or lots for which the same is due or owing, to be for¬ feited to the State, and shall cause the same to be sold in the manner prescribed in the first section of this Act. 161. Sec. Y. The Surveyor General be and he is hereby re- Buty of quired to furnish the Sheriff of the said County of Ware, with a list General* of the lots of land in the said 12th and 13th districts of Ware, which was sold under the Act of the. 23d December, 1833, which may re¬ main ungranted on the first day of October next, and that the Sheriff be allowed to continue his sales from day to day until all of said lots are sold or offered for sale. 162. Sec. VI. The collection of any moneys coming into the^'^a- hands of the Sheriff by virtue of this Act, shall and may be enforced" by rule and attachment as in other cases. 163. Sec. YII. Nothing in this Act shall be so construed as to Purchasers prevent persons whose lands were declared forfeited by the above "sV^ "ict& recited Act of the 13th December, 1847, from paying up all sums due, including interest, and getting grants for the same, and for sums required by the third section of this Act. 164. Sec. VIII. The purchasers of lots in the County of Ware, uuder Act of under the Act of 1833, shall take out and pay for grants as well as 1833- the purchase money and interest for the whole number of lots purchased, and unless the said purchasers shall comply with this section, then all such shall be excluded from the benefit of this Act. 165. Sec. IX. In all cases where any person shall be living on a lot riehtsof of the above recited lands, said persons after the purchaser has failedse era" to take out a grant, shall be entitled to receive a grant to the same, by paying into the Treasury the grant fee. 714 LAND.—REVERTED LOTS, &C.—1850. Unsurvcyed Lmids in Ware—Purchasers under the Act of 181-7—Islands. Sec. X. All laws or parts of laws repugnant to this Act, be and the same are hereby repealed. An Act to authorize his Excellency the Governor to have surveyed all the unsurvcyed lands in th County of Ware, and have the said lands sold at the Court house in the County oj Ware, to the highest bidder, on such terms as he shall direct.—Approved Feb. 11, 1850. Pam. 297. 166. Be it enacted, That it shall be the duty of his Excellency the Gouernor to have all the unsurveyed lands in the Comity of Ware ran out in lots of 490 acres each, and cause said lands to be sold before the Court house door in the County of Ware, to the highest bidder, on such terms as he may direct. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to provide for the granting of those lots and fractions of land which id ere suspended from the sales contemplated by the Act as¬ sented to 30/A December, 1847, providing for the sale of undraivn lots and' un granted, fractions in the lotteries heretofore had in this State.—Approved Jan. 26, 1850. Pam. 188. crants to 167. Be it, enacted, That the Governor be and he is hereby au- bona fide thorized to direct that grants be issued to the bona fide owner of any fuandSun s(luare or fraction Avhich was suspended from the operation of the der Act of said Act of the 30th December, 1847, by depositing with the Treas¬ urer the grant fee therefor : Provided, The original certificate of purchase be exhibited to him, or other satisfactory proof of owner¬ ship, with evidence in each case of the full payment of the consid¬ eration money : Provided further, That the time for making the ap¬ plication herein provided shall not extend beyond the first clay of rroTieo. October, 1850: Provided further, Nothing in ' this Act shall be so construed as to authorize a grant to issue for any fraction, island cr square lot for which all the purchase money was not fully paid pre¬ vious to the passage of the Act approved 30th December, 1847. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to provide for the survey and sale of all unsurveyed and un¬ sold islands in the Chattahoochee, Ocmnlgee and Elint rivers, within this State.—Approved Feb. 22, 1S50. Pam. 269. islands in 168. Be it, enacted, That his Excellency the Governor be and he ciil'e, o'c°" is hereby required to hate run off into lots and fractions of such size Eihn to b"d as hG may deem best, all islands belonging to the State in the.rivers aiid boid Chattahoochee, Ocmulgee and Flint, that in His opinion will justify the expense: and have the same sold at public abction at the usual place of holding Sheriff's sales in each County where said isldnds may be located, and shall be advertised in three or more of the pith3 Unsurvcyed lands in Ware to be surveyed and sold. LAND.—Reverted Lots, &c.—18/50. 715 Refunded, grant fees—Lands in Talbot County. lie gazettes in different parts of this State thirty da]^s before such sale. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to authorize the Treasurer to refund the purchase money, with interest, to purchasers of fractions that had been previously drawn for and afterwards sold by mistake, and also the grant fee where paid.—Approved Feb. 13,1850. Pam. 190. Whereas, at the sale of fractions in the year eighteen hundred and twenty-eight, and eighteen hundred and twenty-nine, and eighteen hundred and thirty-four, certain fractions were sold that had been previously drawn for : 169. Sec. I. Be it therefore enacted, that in all cases where itp,irchas® r n i money for shall appear from the records and fraction books, that fractions had^ctmns been sold that had been previously drawn for, it shall be the duty of refunded.' the Treasurer of the State to refund the purchase money, with inter¬ est, and also the grant fees where grants had been issued to the drawer. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to authorize Grants to issue to the owners of certain Fractional lots of Land in the County of Talbot.—Approved Feb. 23, 1850. Pam. 191. 17,0. Sec. I. Be it enacted, That from and after the passage of owners of this Act, it shall and may be lawful for his Excellency the Governor lots in Tai- to cause grants to issue to the owners of such fractional lots of landbot County' situated in the County of Talbot, as were suspended from sale under an Executive order issued 23d day of December, 1848. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act for the relief of certain persons holding an interest in or title to fractional and whole, Lots of Land sold under the authority of tin Act to auth orize the Governor to appoint fit and proper persons to sell and dispose of the undrawn Lots in the Land Lotteries heretofore had in this Stale, and to limit the time for fraction purchasers to pay for and take out grants for fractions, approved. 30 th December, 1S47, and for other purposes.—'Approved Feb. .23, 1850. Pam. 191. Whereas, it is believed that several lots and fractional lots of land were disposed of during the year 1849, under the authority of said Act, which had been sold under previous Acts of the Legislature, but no evidence of that fact was to be found in the Executive office; or in the offices of the Surveyor General, Treasurer^ or Secretary of State, for remedy whereof: 716 LAND.—Piiocessioning, &c.—1798. Relief of purchasers of land, grants.—Processioners. vurrhaxc 171. Sec. I. lie it enacted, Tliat from and alter the passage of land^previ- tbis Act, it shall and may be lawful l'or his Excellency the Governor, and gn°ute(i uPon satisfactory proof being submitted to him, that any undrawn refunded. ' or fractional lot of land previously sold by authority of law, and the condition of sale fully complied with by the payment of the purchase money, was resold under the provisions of the Act approved 30th Dec. 1847, and plats and grants issued to the second purchaser, to draw his warrant upon the Tre isury in favor of the first purchaser, or those holding under him, of such undrawn or fractional lc-t at the time of said last sale, for the amount of the original purchase money paid into the Treasury : Provided, said amount shall not exceed the amount of the sale authorized by the Act of 30th December, 1847, upon said bona fide owner relinquishing his right and title to the State for the use of the purchaser under the said [Act] of 30th De¬ cember, 1847. Bona fide 1/2. Sec. II. Whenever it may appear that any intermediate ["^chaser?46 bona fide purchaser is sued lipon his warranty deed, and a recovery obtained against him, that then the said party shall be entitled to the provisions of this Act. Kotice. 173. Sec. III. All persons desiring to avail themselves of the benefit of this Act, shall file a written notice of such intention, in the Executive office, by the first of October. Burchaper to 174. Sec. IV. It shall be the duty of the Sheriffs in the respec- p^eLion. tive Counties in which lands sold under the Act of 30'th Decem¬ ber, 1847, lie, to put the purchaser thereof in possession of the same. Sec. YI. All laws and parts of laws militating against this Act, be and the same are hereby repealed. [Statutes opciitted as obsolete, repealed or superseded, not referred to in their order. Act of 1825, (mines) Yol. IY. 286. 1829, lb, 286. 1830, Pam. 145. 1831, Pam. 141 to 147,149, 150. 1832, Pam. 122, 126, 127, 128.] ART. Y. PROCESSIONING. Sec. 175. How effected. " 176. Time; penalty. " 177. Notice to residents. " 178. To Noil-residents. " 179. Processioning by agent. Sec 180. Disputes—map. 181. Vacancies in Processioners.. 182. Stream changing its bed. 183. Proceedings; Fee. 184. Appointment of Processioners. Procession¬ ing ol land. An Act sor preventing controversies'concerning the hounds of Land,av also an Act for amending [the foregoing] passed the 24th day &c.' ' of December, 1768.;]: Act of isth of And also an Act passed the 18th day of November, 1765, for the to^'tHbtnh establishing and regulating patrols, and for preventing any persons from patrols, &c. purchasing provisions or any other commodities from or selling such to any slave, unless such slave shall produce a ticket from his or her owner, manager, or employer.^ And also an Act to prevent stealing of horses and neat cattle, and And tbe Act ^ of29th sept, unlawfully branding, marking, killing, or driving the same, passed i"'i4aland the 29th day of, September, 1773,[| shall severally and respectively perpetuated.' ^c; an(l the same are hereby continued in full force until repealed by this or some future General Assembly. And whereas, at the time of the invasion of this State by the British troops in the year 1778, the public records were sent away to prevent their falling into the hands of the enemy, and have not yet been returned into this State, from which cause the several laws heretofore passed and which may be now expiring, cannot with pre¬ cision be known, and if no remedy be applied, there is reason to be¬ lieve great injury may accrue to the citizens of this State, for the prevention thereof: «( Anbws 2. Sec. II. Be it enacted, §*c. That all laws passed before the tr^b'uec 23th day of December, 1778,H which are or may be near expiring, 1778, near and that are not repugnant to the Constitution of this State, or in repu'gnaittf their nature temporary, be and they arc hereby declared to be in full utttad7;ut force, and that they shall continue in force until repealed by this or • some future Legislature. Sec. III. [Respecting embargoes by the Governor—abrogated by the Constitution of the United States.] the first or second section of the present; and that all other temporary laws, prior to the 20th December, 1773, stand revived by the second section. 2d. That there were no laws passed after the 29th December, 1778, and before the date of this, that needed revival, for the amnesty of 1781, (if that should be considered as an exception,) is recited in a subsequent permanent Act; and 3d. That the operation of the English laws is deducible from the Act of 1784, [See. 3d oi' this title.] Prince. *" Diver -', &c." f" Agriculture and Commerce," Art. " Seamen and Mariners J" Beef, Pork, &c." §" Slaves and Patrols." ||" Cattle." IfThe day the British took Savannah. Evacuated July 11, 1783. Augusta taken to¬ wards the last of January, 1779.—re-taken June 3, 1781. [I McCall's Hist.] LAWS.—-Revival—Compilation.—l784-'99. 721 English Statutes of force. An Act for reviving and enforcing certain Laws therein mentioned. Approved February 25, 1784. Yol. I. 404. Whereas, during the late convulsions in this State, several saluta¬ ry laws were lost and destroyed, that had from time to time been en¬ acted by the General Assembly of the same; and among others an Act reviving and putting in force such and so much of the laws of the provnice of Georgia, as were adjudged necessary to be in force in.this State ; And whereas, the said laws are for the most part suit¬ ed to the circumstances of the people : And whereas, it is absolute¬ ly necessary for the well governing every State, that laws properly adapted to the circumstances of the inhabitants be at all times in force ; 3. Sec. I. Be it enacted, fyc. That all and singular the several ela™stj£ Acts, clauses, and parts of Acts, that were in force and binding 'on i4th May, the inhabitants of the said province, on the 14th' day of May. A. D. pugn'aTt'to0" 1776, so far as„they are not contrary to the Constitution, Laws, and lutiom&c." form of Government now established in this State, shall be, and are PerPetuated'.. hereby declared to be in full force, virtue, and effect, and binding on the inhabitants of this State, immediately from and after the passing of this Act, as fully and effectually, to all intents and purposes, as if the said Acts, and each of them, had been made and enacted by this General Assembly, until the same shall.be repealed, amended or oth-£'^rlwnh erwise altered by the Legislature : And also the Common Laws of^,®1^111® England, and such of the Statute Laws* as were Usually in force in England as the sffid province, except as before excepted.1 pugnant, & c. 4. Sec. II. All fines, penalties and forfeitures, inflicted or made au fines, payable by any of the aforementioned Acts to the King of Great Acts°payabie Britain, are hereby directed to be paid into the public treasury of this State, for the use of the same : And that all authorities given10 the Treas- and enjoined by any of the said Acts to any public officer, are here- pubIic0ffi. by given and enjoined to such public officers, appointed under the ^s^e9 Constitution or form of government established in this State, and as agreeable to the same. , * An Act to carry into effect the eighth section oj the third Article of the Constitution.—Approved Dec. 6, 1799. Vol. I. 190. 5. §ec. I. For the more general promulgation of the laws of Laws in this State, the Secretary of State, with two Commisssoners, who arranged shall be appointed by the Legislature for that purpose, shall examine tontLeGoveN into, digest, and arrange the several laws thereof now in force, ^ssioner™" and report the same to his Excellency the Governor, who shall ap¬ prove or disapprove of the same. 6. Sec. II. If his Excellency the Governor shall approve of such if approved, digest of the laws of the State as may be reported to him in pursu-to be primed. * Compiled under direction of the General Assembly, by William Schley; see Yol. IV, 26 of Resolutions; lb. 37, 47. (1.) Rules of evidence adopted, 1 Kelly, 108. . 91 722 LAWS.—Compilation.—1799-1800. Compilations of Statutes. ance of this Act, that then the Secretary of State shall, under the direction of the Executive thereof cause to be printed, in a quarto bound volume or volumes, 1,000 copies of such digest of the laws of this State, as may be reported by the aforesaid Commissioners and Secretary of State in terms of this Act. bTaisufbu-0 7. Sec. III. Eight hundred copies of the aforesaid volumes of titve several digest of the laws ot this State, so reported and approved of as counties of aforesaid, shall be distributed by the Executive among the respec¬ ts wte. Counties of this State, agreeably to the rule laid down by the Constitution for apportioning the Representatives among the several Counties: And the proportion which shall be so assigned to the re¬ spective Counties, shall be transmitted by the Executive to the Jus¬ tices of the Inferior Court of such County, by whom the same shall be distributed, in such manner as the said Justices may deem most proper for the general information of the citizens. Th« 500 re 8. Sec. IV. The remaining 200 volumes of the aforesaid digest jc^'re'served" of the laws of this State, so reported and approved of as aforesaid, deposition, shall be reserved by the Executive for the future disposition of this State. i.rw9 in fu- 9. Sec. V. The laws of this State which shall in future be passed »»rinted and shall, at the end of each succeeding session, be printed and distribu- faTi-e'same te(i manner and form aforesaid.* maimer. It was resolved, on the 6th December, 1799, that a former appro¬ priation of $2,000, in favor of Robert and George Watkins, was in¬ tended as an advance towards carrying on their digest, but not to sanction the same as a code of the laws of this State. On the 27th November, 1800, that two Commissioners should be appointed, who, with the Secretary of State, should arrange the laws of this State, pursuant to the foregoing Act. On the 2d December, 1800, it was further resolved, that the Commissioners before proceeding in their duties, should be sworn to the faithful and constitutional discharge of their duty : and that they would not insert the Yazoo Act. [Vol. I. 190, 1, 2.] The Executive declaration of March 3, 1S01, reciting, among oth¬ er things, the foregoing matters; and that a digest had been report¬ ed by H. Marbury, Secretary of State, and William II. Crawford, one of the Commissioners, "confirms and, establishes" the same "as the digest of the State." Vol. I. 599. An Act to compile and arrange the Laws and Resolutions of this State, passed since the political year 1800.—Approved December 12,1809. Vol. II. 528. I .awe and 10. Sec. I. During the year 1810, the laws of this State, passed 8iniJ6Ui8o"3to since the political year 1800, and the concurred and approved reso- t>» compiled, except such as relate to elections by the General Assembly; and every tenth year thereafter,! shall be compiiled, arranged, and printed. ♦This and the next Act arc superseded mostly by Act of 1347, sec. 19. +See sec. 19. LAW S.—Compilation.—1800—' 19. 723 Compilation—Digest. 11. Sec. IL The Legislature shall, by joint ballot of both branch- a person to es, appoint some fit and • proper person to compile and arrange the {& umTpur? laws of this State, in pursuance of this Act, and report the same to his Excellency the Governor, who shall approve or disapprove of the same to the governor* same: And when .the work shall be thus performed, an4 approved of by his Excellency the Governor, he shall pay out of the contin¬ gent dund, to the person thus performing the work, a sum of money, which he shall deem an adequate compensation fpr the work.* 12. Sec. III. If his Excelleney the Governor shall approve of2*0™}™*- urn's to bd such compilation of the laws of the State, as may be reported in printed, conformity to this Act, that then he shall cause to be printed, in quarto or octavo bound volumes, 2,000 copies of the laws, as shall be reported to and approved of by his Excellency, in terms, of' this Act. 13. Sec. IY. After the said laws are compiled, arranged, and The manner printed,'his Excellency the Governor shall cause the same to befiis- ung'thom!' tributed in the respective Counties of this State, agreeably to the rules laid down by the Constitution for the apportioning the Represen¬ tatives in the respective Counties; and the proportion which shall be assigned to the different Counties, shall be transmitted by the Gover¬ nor to the Justices of the Inferior Courts, who shall distribute the same in proportion to the number of civil officers in such County. ' 14. Sec. Y. As often as the laws.of this State shall be compiled,580 ™'»mes icscrvod lor arranged and printed, in pursuance of this Act, his Excellency the futureau- Governor shall reserve 500 volumes .foi; such further distribution astnbutl0tt- the Legislature may think proper. An Act prescribing the form of a Digest, or Manual of the Laws of Georgiaf.—Approved Dec. 21, 1819. Yol. iil. 250. 1-5. Sec. X, During the year 1820! a digest of the laws of this Digest of ait State shall be formed and arranged, which shall include all Acts and and" general ■ resolutions of the Legislature heretofore passed, and which may be 60 passed during the present session, which are public and general, and excluding such as are private or local, and also such as have been repealed. 16. See. II. To said digest shall be added an appendix, which What it shall contain the Constitution of the United States and the State of tafo\£°the Georgia as amended; the Statute of frauds and perjuries, passed inaPPendi*. the 29th year of the reign of Charles the 2d; also all Acts relating to writs of habeas corpus. 17. Sec. III. The Legislature shall by joint ballot appoint some iiow tobe fit and proper person to form and arrange a digest in pursuance of this Acl, who shall report the same to his Excellency the Governor, Paid who, all<" the same has been examined by a committee appointed •Trader Ys Act were compiled Clayton's, Lamar's and Dawson's compilations, which with Mui try and I'm Word's, arc rtierred to in this work chronologically, as Vols. I. II. 1 Li. a 1 i\ . lint see see. ID. t i'he pr .e it work seeks to comply with the requisitions in the main of this Act. J Mr. I'r ieo was appointed under this Act. 724 LAWS—Compilation.—1838-47. Compilation, ■when to be made. for that purpose, shall approve or disapprove the same : and when the work shall be so performed and approved by the Governor, he shall pay out of the contingent fund, to the person appointed as afore¬ said, a sum which he may deem an adequate compensation for the work. a committee 18. Sec. IV. Three fit and proper persons shall be appointed by Appointed to the Governor to examine said work, and on their favorable report he examme the ghaH be authorized to contract for the printing of 3,000 copies in convenient bound volumes, a part to be distributed pursuant to the tobe printed. Act of the Legislature, passed 12th December, 1809, and the remain- distributed. der reserved for future disposition of the Legislature. An Act* to alter and amend an Act entitled an Act to compile andar- range the Laws and Resolutions of this State passed since the politi¬ cal year 1800—passed the 12th Dec. 1809.—Assented to 27th Dec. 1838. Pam. 09. ' [Extends the time of compiling to 1846. But see next Act.] An Act to prescribe how the Laws and Resolutions of this State shall be compiled and arranged, and to repeal all laws militating against this Act.—Approved Dec. 29, 1847. Pam. 61. compilation 19. Sec. I. Be it enacted, That whenever the Legislature of this State Leguntive shall deem it expedient and proper that the laws and resolutions of may direct. this State, or any part of them, should be compiled and arranged, that then it shall be the duty of the said Legislature to prescribe by law what shall be the character of the laws and resolutions intended to be compiled and arranged, and how and when the same shall be performed : and that all laws and parts of laws, militating against this Act, are hereby repealed. [By resolution of 1842, Pam. 191, it was declared " that some standard should be established whereby fines and forfeitures now by law in pounds, shillings and pence, may be reduced to dollars ; and that Justices of the Peace have no right to try any criminal offence, except such as granted in the Constitution of this State."*] *The Compiler has conformed to this Legislative declaration, and omitted all provis¬ ions giving such jurisdiction to Justices of the Peace. LOTTERIES AND GAMING.—1764. 725 Lotteries prohibited. LOTTERIES AND GAMING.* Sec. 1. Lotteries andRaih*?. " 2. Gaming contracts. *' 3. Discovery from Winner. " 4. Fighting, &c., Penalty. Sec. 5. Money lost at play. " 6. Lotteries prohibited. " 7. Sale of tickets, Penalty. " 8. Imprisonment. An Act to suppress Lotteries, and prevent other excessive and deceit¬ ful Gaming.—Approved Feb. 29, 1764. Vol. I. 248. Whereas, many good and wholesome Statutes of Great Britain have, from time to time, been enacted and established to prevent lot¬ teries and gaming, and great mischiefs are daily found to arise from such practices, both to trade and the community in general, as many idle, loose, and disorderly persons find means thereby to support themselves in a dishonest, dissolute course of life, and the younger sort of people, and others, are frequently drawn in and deceived, to the loss of their time and ruin of their fortunes: 1. Sec. I. Be it enacted, Spc. That from and after the passing of Persona this Act, if any person or persons shall erect, set up, or expose to be foueriesms played, drawn, or thrown at, or shall cause or procure to be erected, 500"^^ §et up, exposed to be played, drawn for thrown at, any lottery, under the denomination of a sale, or sales of houses, lands, plate, jewels, ships, goods, or other things, or for money, or any undertaking what¬ soever in the nature of a lottery, by way of chances, either by dice, lots, cards, numbers, figures, or tickets, or shall make, print, advertise, or publish, or cause to be made, printed, advertised, or published, pro¬ posals or schemes for advancing small sums of money, by several persons, amounting in the whole to large sums, to be divided among them by chances of prizes, or shall deliver out, or cause, or procure to be delivered out, tickets to the persons advancing such sums, to entitle them to a share of the money so advanced, according to such proposals or schemes, or shall expose to sale any houses, lands, plate, jewels, ships, or other goods, or chattels, by any game, method, or device whatsoever, depending upon, or to be determined by any lot or drawing, whether it be out of a box or wheel, or by cards, or dice, or by any machine, engine, or device of chance of any kind whatsoev¬ er, or shall be adventurers in, or pay any moneys or other considera¬ tion, or any ways contribute unto any of the said games, lottery or lot¬ teries, sale or sales, such person or persons, and every, or either of them, on being convicted thereof, on the oath or oaths of one or more credible witness or witnesses, or 011 the confession of the party or parties accused, shall forfeit and lose the sum of five hundred pounds lawful money of this province, to be recovered by action of debt, or information in the General Court of Pleas, the one moiety of such for¬ feiture to be to his Majesty, for the support of the government of ♦For penal enactments against gaming, see " Penal Laws," sees. 224, to 228,243.— Aa to cheating at play, " Penal Laws," sec. 246. 720 LOTTERIES AND GAMING.—1764. Gaming debts void—Discovery. *8dc8&£ this province, and the other moiety to the informer : And all and void! every such sale or sales of houses, lands, plate, jewels, ships, goods, and other things, by any game, lottery or lotteries, machine, engine or other device whatsoever, depending upon, or to be determined by And what charice> or lot, shall, and are hereby declared to be void, to all intents everphaii beand purposes; and whatever shall be so set up, and exposed to sale, Salfbc^for- shall be forfeited to such person or persons who shall sue for the same, felted. by action, biLl, plaint, or information, in his Majesty's General Court of Pleas of this province, wherein no essoign, protection, wager of law, or more than one imparlance shall be allowed : And incase of any offender against this Act, nothaving sufficient goods and chattels, whereon to levy the penalty hereby inflicted, or not immediately paying the said penalty, or giving security for payment thereof, it shall and may be lawful for the Justices, before whom such person or persons shall be convicted, to commit him or them to prison, there to continue and remain for any time not exceeding twelve months. note^'&c118' ^EC" From and after the passing of this Act, all bills, given'to Be- bouds, judgments, mortgages, notes of hand, or other securities or SfCT conveyances whatsoever, given, granted, drawn, or entered into, or executed by any person or persons whatsoevor, where the considera¬ tion of such conveyance or securities shall be for any moneys or other valuable things whatsoever, won by gaming, or playing at cards, dice, tables, tennis bowls, or other game or games, bet or bets, chance or chances, of any kind whatsoever, or by betting on the sides or hands of such as do game at any of the games aforesaid, or for reimbursing or repaying any money knowingly lent or advanced at the time and place of such play to any person or pel-sons so gam¬ ing, or betting as aforesaid, or who shall during such game so play or bet, shall be utterly void and of none effect to all intents and pur- Encumbran-Poses whatsoever, any Statute or usage to the contrary thereof not- tolnurewithstanding ; and where such mortgages, securities, or other con- thehe^of veyances, shall be of lands, tenements, or hereditaments, or shall ? ' be such as encumber or affect the same, such mortgages, securities, or other conveyances, shall inure, and be to and for the sole use and benefit of, and shall devolve upon such person or persons as.should or might have, or be entitled to such lands, tenements, or heredita¬ ments, in case the said grantor or grantors thereof, or the person or persons so encumbering the same, had, been naturally dead, and as if such mortgages, securities or other conveyances, had been made to such person or persons so to be entitled after the decease of the person or persons so encumbering the same ; and all grants and con¬ veyances to be made for the preventing such lands, tenements, or he¬ reditaments, from coming to, or devolving upon such person or per¬ sons hereby intended to enjoy the same as aforesaid, shall be deemed fraudulent and void, and of none effect. Sec. III. [Directing how money lost at play shall be recovered back—re-enacted with amendments, by Act of 1765. See sec. 5.] SnTo'r" ^EC' And for the better discovery of the moneys or things cover back so won and received, and to be sued for and recovered as aforesaid, «°puy,^m- It is further enacted, that all and every the person or persons who, by peikd to di*- virtue of this present Act, shall or may be liable to be sued for th« LOTTERIES AND GAMING.—1764-'65. 727 Recovery of money lost—by the loser. same, shall also be obliged, and compellable to answer upon oath such bill or bills in Equity, as shall be preferred against him or them, for discovering the sum or sums of money, or other things, so won and received at play as aforesaid : Provided nevertheless, that upon the discovery and re-payment of the money or other thing, so to be discovered and repaid as aforesaid, together with the costs that may have accrued, such person or persons shall be acquitted, indemnified, and discharged from any further or other punishment, forfeiture, or penalty, inflicted by this Act. 4. Sec- VI. And for preventing such quarrels as shall or may happen upon the account of gaming, Be it f urther enacted, that in leng'ing, &c. _ "1 r on account • case any person or persons, upon account of any money won0fgami"g, by gaming, playing, or betting, at any of the games aforesaid, shall assault and beat, or challenge, or provoke to fight, any other imPrUonct{'- person or persons, such person or persons so assaulting, beating, chal¬ lenging, or provoking to fight, on being thereof convicted, upon an indictment or information to be exhibited against him or them for that purpose, shall forfeit to his Majesty* his heirs, and successors, the sum of twenty pounds lawful money of this province, for the use of the said province, and shall also suffer imprisonment, not exceed¬ ing six months, without bail or mainprize. (The rest of this Act, making fraudulent gaming, and gaming in public-houses, pun¬ ishable as crimes—embraced by the Penal Code. Por the revival of this, and the follow¬ ing Act of 176d, see Laws, sec. 2.] An Act additional to the foregoing.—Appr oved March 25, 1765. Vol. I. 253. Whereas, it hath been found by experience, that the above-men¬ tioned Act hath not altogether answered the several good ends and purposes thereby intended : 5. Sec. I. Be it enacted, Src. That from and after the passing of Mo,Jey ^ .... - 1 , ■ at play •nay this Act., if any person or persons whosoever, who at any time or be ^covered times, sitting or sittings, within the space of twenty-four hours, by b&ck playing at cards, dice, tables, or any other game or games, or by bet¬ ting on the sides or hands of such as do play at-any of the games aforesaid, or any game whatever, shall lose to any one or more per¬ son or persons so playing, or betting, in the whole the sum or value of five shillings lawful money of this province, and shall pay or de¬ liver the same, or any part thereof; the person or persons so losing, ^ and paying or delivering the same,shall be at liberty at any time with¬ in six months then next following, and not after, to sue for, and re¬ cover the moneys or goods so lost and paid or delivered, or any part, thereof, from the respective winner or winners thereof, with costs, by a warrant from a Justice of the Peace, in nature of a warrant for debt, founded on this Act, in case the moneys or effects so lost, and paid or delivered, shall not exceed the value of eight poundsf lawful money of this province ; and in case the moneys or goods, so lost and paid ♦To the State; see " Laws," sec. 4. -(Justices' jurisdiction restrained to thirty dollars. 728 LOTTERIES AND GAMING..-—1765-1833. By a third person—Lotteries. or delivered, shall exceed that sum, the loser shall and may recover the same from the winner or winners, with costs, by action of debt founded on this Act, to be prosecuted in his Majesty's General Court of Pleas in this province ; to which action or suit, no assoign, prose- ■ cution, wager of law, privilege, or more than one imparlance shall be allowed, and in which action or suit it shall be sufficient* for the plaintiff to allege, that the defendant or defendants are indebted to him or received to the plaintiff's use, the moneys or effects so lost and paid, or converted the moneys or effects so won of the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him, accord¬ ing to the form of this Act, without setting forth any special matter; After that and in case the person or persons, who shall lose such money or ef- time, any other person fects as aforesaid, shall not, within the time prescribed, really and "If/recover bonafidc sue, and with effect prosecute for the moneys or effects .so haVtTthe"0 by him or them lost and paid or delivered as aforesaid, it shall and p001-- maybe lawful to' and for any person or persons, by any such action or suit as aforesaid, to sue for and recover thd same, with full costs of suit, against such winner or winners as aforesaid, unless such win¬ ner or winners within ten days after the winning such money or ef¬ fects, shall repay or redeliver to the loser such money or effects, so won and received as aforesaid, together with such costs of suit as may have accrued before the re-payment or re-delivery of such money or effects; the one moiety of the money or effects so recovered shall be to the use of the person or persons, (other than the person losing,) who shall sue for them, and the other moiety to the use of the poor of the parish where the offence shall be committed,any thing in the herein¬ before mentioned law to the contrary thereof in any wise notwith¬ standing. [The residue of this, and the whole of the Act of 7th June, 1777, (Yol. I. 255,) to prevent gaming and horse-racing, are embraced by the provisions of the Penal Code. So also is the Act of 14th Aug. 1786, (lb. 255.) to regulate taverns, and to suppress vice and im¬ morality, except part of the 5th section, which is expressly repealed by the Code of 1833, sees. 224, 243.] An Act to prevent the establishment of Lottery Offices, and the salt of Lottery tickets in the State of Georgia.—Approved May 16, 1821. Yol. IY. 276. [Superseded by the following.] An Act to prevent the drawing of Lotteries, or the sale of Lottery Tickets in this State.—Approved Dec. 23, 1833. Pam. 128. Lotteries 6. From and immediately after the first day of May next, all and prohibited. every lottery and lotteries, and device and devices in the nature of lotteries, shall be utterly and entirely abolished, and are hereby de¬ clared to be thenceforth unauthorized and unlawful. 7. Sec. II. From and after the day aforesaid, any person or per-' sons, who shall sell or expose to sale, or cause to be sold or exposed *Qu. How far this is affected by the Judicial Act of 1799, see Judiciary, sec. 68. LUNATIC ASYLUM.—1837. 729 Erection authorized. to sale, or shall keep on hand for the purpose of sale, or shall ad- Persons any vertise, or cause to be advertised for sale, or shall aid, Or assist, or be ned in sel- in any wise concerned in the sale or exposure to sale of any lottery Ihorized'lot- ticket or tickets, or any share or part of any lottery ticket in any lot-tery tick0t8« tery or device in the nature of a lottery,within this State or elsewhere, and any person or persons who shall advertise or cause to be adver¬ tised, .the drawing of any scheme in any lottery, or be in any way concerned in the managing, conducting, carrying on, or drawing of any lottery, or device in the nature of a lottery, or be an agent in procuring or supplying lottery tickets, and shall be convicted thereof, in any Court of competent jurisdiction, shall for each and every such otfence, forfeit and pay a sum not less than five hundred dollars, and shaji pay not exceeding one thousand dollars, at the discretion of the Court, $iooofL'°° one-half to be paid to the prosecutor, and the other to be paid over to the County Treasurer, for the use of the County where the offence may have been committed. 8. Sec. III. In all cases where the party shall be convicted as or be im- aforesaid, and shall fail or refuse to comply with the provisions in the pn:ioned* second section of this Act, he, she, or they, shall be sentenced to un¬ dergo an imprisonment in the common gaol of the County, not ex¬ ceeding six months, at the discretion of the Court. Sec. IV. All laws and parts of laws militating against this Act, are hereby repealed : Provided, that this Act shall not apply to aiiy Proviso, lottery heretofore authorized by the General Assembly. LUNATIC Sec: 1. Erection authorized. 44 2. Bond of Committee. 44 3. Collection of information. 44 4. Certificate as to residence. " 5. Temporary provision. 44 6. Lunatic convict. * 7. Treatment of; recovery. 44 8. Expenses paid by State. " 9. Pauper Lunatics. 44 10. Trustees; appointment. 41 11. Power md salary. 44 12. Superintendent, duties, &c. 44 13. Other officers ; salaries. ASYLUM.* Sec. 14. Officers' exemption. it 15. Treatment of inmates. it 16. Devises and Donations. it 17. Visitation; it 18. Annual Report. it 19. Duty of Inferior Court. tt 20. Application; notice. it 21. Warrant; proceedings. a 22. New Commitment. tt 23. Non-residents. tt 24. Discharge. tt 25. Appropriations. An Act to authorize the erection in this State of a Lunatic Asylum.— Assented to Dec. 26, 1837. Tam. 34. 1. Sec. I. Be it enacted, That from and after the passage of this Act, his Excellency, the Governor, shall appoint two fit and ee* proper persons who shall construct, and be denominated a building •For all Acts in reference to the gurdianship property, &c. of "Idiots, Lunatics, and* Insane Persons," see that subdivision under title " Executors, Administrators," &c. Also for Act of 1838, authorizing their arrest and confinement in certain cases. 92 730 LUNATIC ASYLUM.—1837-'39. Clerk's certificate. committee, to superintend, under their direction, the erection, to be located in some central point in this State, that may be deemed most desirable by the Governor, under the advice of Medical gentlemen, °f a Lunatic Asylum, the particular locality of said edifice.* And moreover, having obtained the best information on the subject with¬ in their reach ; and for that purpose, one of their number may goto Columbia, South Carolina, or elsewhere in the United States, where there is an Institution of the kind, who shall be entitled to a reas¬ onable extra compensation, to be fixed by the next General Assembly; the committee shall, under the direction as aforesaid, be authorized wwrationiu f° exercise a sound discretion in regard to the material, size, order of tmiiding. architecture, proper form and construction of an edifice best adapted to such an Institution, and that said discretion, as to the probable cost of any building which may be commenced, be exercised with reference to the sum which may be voted by this Act,f and the said committee shall proceed as early as may be convenient, to contract for rearing the edifice with some competent individual or individuals, and have the work commenced so soon as practicable ; and it shall be the duty of the committee ; and this is an obligation which the Legislature expressly and emphatically imposes on them by this most wvchiy solemn enactment, to visit the work once a week, according to such visitation, discretion as they would exercise in defence of their own interests if acting for themselves as individuals, and they shall report their pro¬ ceedings in the premises to the General Assembly at its next session. 2. Sec. II. The said committee shall give bond and sedurity to the Governor for the time being, and his successors in office, in the sum of ten thousand dollars, for the faithful discharge of their duty. collection of 3. Sec. III. His Excellency the Governor, shall appoint some in- information, telligent Medical gentlemen, and suitable individual, whose duty it shall be to collect information in regard to the proper and usual inter¬ nal regulations and police of such institutions, and report the same to the Legislature at its next session. An Act to organize the Lunatic Asxjlum of the State of Georgia, and to providefor the government of the same, and to agpriatc a. sum oj money for the same.—Assented to Dec. 10, 1841. Pam. 153. clerk'scer- 4. Sec. VIII. In all cases the Clerks shall certify in what Ooun- t.ficate. ty the lunatic or epileptic resided at the time of his commitment; and such certificate shall be conclusive evidence of his residence. temporary 5. Sec. XVI. Whenever there shall be an application for admis- whero theTe sion to said Asylum, without the necessary certificate from the In- ££o7??fe.ferior Court,J of the County where such lunatic or epilcp ic may not court, have resided, the Superintendent shall receive and provide for hini *A badly constructed sentence. In fact this whole section is a bungling affair. +$20,000 appropriated by that Legislature—$5,00, 1839, Pam. 21—$9,000, 1840, Pam. 18—$10,000, 1841. Pam. 157—$2,000, 1842, Pam. 17—$4,000, 1843, Pam. 4— $15,900. 1845, Pam. 4—$19,125, 1847, Pam. 4—$22,500. 1849, Pam. 4, 17. JSee further as to the proceedings before Inferior Court. Act of 1850, sec. 19. LUNATIC ASYLUM,—1842-'43. 731 Lunatic convicts. or her, until a reasonable time shall have elapsed for the procurement of such certificate : Provided, that a sufficient sum shall have been advanced for the maintenance of him or her in the interim. S ec. XYII. [Appropriated $ 10,000 for completing and furnishing the building.] [The remainder of this Act superseded by Act of 1850.] An Act to amend an Act entitled an Act to organize the Lunatic Asy¬ lum of the State of Georgia, and to provide for the government of the same, qmd to appropriate a sum of money J or the same, assent¬ ed to \0th December, 1841, and to provide for the disposition of such of the convicts in the Penitentiary, as now are, or may hereafter become lunatics, while undergoing the sentence in said . Penitentiary.—ilssented to, Dec. 28, 1842. Pam. 22. Secs. I. II. and III. [Superseded by Act of 1850.] Sec. IV. [Temporary.] 6. Sec. V. It shall be the duty of the Physician to the Penitentiary Lunate s.* the Principal Keeper of said Penitentiary, and it shall be the duty of such Principal Keeper, upon the receipt of such certificate,, to transfer said convict to the Lunatic Asylum of this State, and shall send, together with such convict, a copy of said certificate, together with the day on which the term of service of such convict will em¬ pire in said Penitentiary, and the County from which he was senten¬ ced. 7. Sec. VI. It shall be the duty of the proper officer in charge of convict to said Asylum, to receive said convict, and to file such certifi- andtreated cate and memorandum of the time of the expiration of his sentence, j^tel and shall keep said convict, so sent, as other inmates of said Institu¬ tion, for and during the time for which he was sentenced to said Penitentiary : Provided, That if such convict shall recover from his lunacy or insanity before 'his term of sentence has expired, the fact shall be certified by the physician to the Asylum, to the Principal Keeper of the Penitentiary, whose duty it shall be, forthwith to send a suitable guard for such convict so recovered, and take him back 0n recovery S6Ht bftClL into said Penitentiary, to serve out his sentence. 8. Sec. VII. Lunatics from the Penitentiary shall be kept at said expense Asylum, at the charge of the State, for and during the time of the statI* ^ sentence in said Penitentiary. An Act to amend an Act to organize the Lunatic Asylum of the State of Geergia, and to provide for the government of the same; and to appropriate a sum of money for the same, passed December 10th, 1841.—Assented to Dec. 28, 1843. Pam. 9. 9. Sec. I. Be it enacted., That pauper lunatics, epileptics, or id¬ iots, having a residence in this State, shall be supported in the said 732 LUNATIC ASYLUM.—1843-'50. Organization of the Asylum—Trustees—Officers—Salaries. naticf&c Asylum at the public expense, on certificate of lunacy and poverty to be s'ippor- from the Justices of the Inferior Court of the County where such lu- staie!the natic, idiot, or epileptic may have resided ; and the Governor is here¬ by authorized, on the application of the Trustee of said Asylum, to draw from the Treasury, a sum not exceeding fifty dollars per an¬ num for the support of each and every such lunatic.* Sec. II. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act [to amend an Ac/] to organize the Lunatic Asylum of the Slate of Georgia, and to provide for the government of the same, and to appropriate a sum of money for the same, assented to December the 18th, 1841.—Approved Feb. 21, 1850. Pam. 47. Trustees. 10. Sec. I. Be it enacted, That the government of the State Lu¬ natic Asylum at Midway shall be vested in a board of three Trus- Appointm'nt teeS) to pe biennially appointed and commissioned by the Governor, on the first Monday in December of every second year, commencing on the first Monday of December, 1850, and in such manner that one of the Trustees shall continue in office, so that there will always be a member of the board of Trustees who is well acquainted with the business of the Institution, the situation of its inmates, and the char¬ acter and conduct of its officers. 11. Sec. II. The board of Trustees shall have authority to ap¬ point all the officers of the Institution, prescribe the duties of their several stations, and to establish such rules and regulations for the internal management of the affairs of the Institution, and for the ad¬ mission of all lunatics, idiots and epileptics, as in their judgment may be necessary, and the said Trustees shall receive seventy-five dollars each, per annum, payable quarterly, for their services, superinten- 12. Sec. III. The principal officer of the Institution shall,be the AenU Superintendent, who shall be a regular Physician, reside constantly upon the premises and devote his professional services exclusively to the use of the Asylum, and who shall receive for his services a sal- Salary. ary of fifteen hundred dollars per annum, payable quarterly out of Powers, the State Treasury, and the use of a suitable residence, and who as Superintendent of the Asylum, shall, under the Trustees, take charge of and exercise control over every department of the establishment, tad duties, and have positive control over all resident officers, attendants and servants employed in the Institution, and employ all attendant&and servants necessary, and as Physician he shall discharge all duties any way connected with the restoration to health or sanity of the inmates. 0ttl'sa°frie3 ®EC' ot^er °fRcers of the Institution shall consist of 8r° nes anAssistant Physician, a Treasurer, a Steward, Assistant Steward, Mat¬ ron and Assistant Matron, whose salaries shall be fixed by the board of Trustees, and paid quarterly out of such appropriation as may be made *By Act of 1841, to be supported by the County. See sec. 10 of next Act; sec. 1# of this title. Powers of Trustees. Salary. LUNATIC .ASYLUM.—1850. 733 Visitation—Reports—Proceedings before Inferior Court. by the Legislature. And the trustees may by the regulations prescribed by themselves, constitute such other offices and select the incum¬ bents of them as in their judgment may be necessary to an efficient administration of the affairs of the Institution, and in their by-laws determine the salaries and tenure of the office of their officers. 14. Sec. V. All officers and attendants of the Asylum, resident ^®cte™0£x" upori the premises be, and they are hereby exempted from the per- jury, patrol, formance of all Jury, Patrol, Road and Militia duty, and from all pains uua duty.""' and penalties from the neglect thereof; and no servant employed in the Asylum shall be held liable to work upon the public roads. 15- Sec. YI. It shall be the duty of the board of Trustees to treatment remove from office and cause to be prosecuted, any person employedofinmale8' in the Asylum \vho shall assault any inmate of said Institution, or use towards such inmate any other or greater violence than may be necessary for his or her government, restraint or care. 16. Sec. VII. The Trustees may receive and hold in trust for the DeVjges and Asylum, any grant or devise of land, or any bequest or donation of doniltions- money, or other personal property to be applied to the maintenance of insane persons, and the general use of the Institution. 17. Sec. VIII. There shall be thorough monthly visitations by visitations, one of the board of Trustees, semi-annually by a majority of them, and annually by the whole board. 18. Sec. IX. The fiscal year of the Institution shall, regularly report to terminate on the first day of October of each and every, year, up to Legislature, which time a full and detailed report shall be made by the Trustees, Superintendent and Treasurer, to be laid before the Governor and Legislature during the first' week of the ensuing month, exhibiting a particular statement of the condition of the Asylum, and of all its concerns, with such other matter as in their judgment may be con¬ ducive of the interest of the Institution. 19. Sec. X. The Justices of the Inferior Courts in the several Counties in this State, or a majority of them, agreeably to the pro- t'o'tiio Asy- visions hereinafter specified, may, upon the application o'f any citi-luin' zen, commit to the Asylum any individual whose lunacy, idiocy or epilepsy is satisfactorily established, ('except in the case of idiots who are not known to be in any way dangerous and whose friends have the means to provide for them ;) and in all cases when a certificate of Paupers' pauperism is furnished by the Coart, such individual shall be support-certlficaM* ed in the Asylum at the charge of the State, but no individual shall be certified a pauper who is not in whole or in part, sup¬ ported by the County in which he or she resides ; and in the cases of persons of very limited means, and who cannot be certified pau¬ pers, but in relation to whom the certificate of the Court is obtain¬ ed, that their friends are unable to pay the usual charge of board, &c. of pay patients in the Institution, the Trustees shall be authorized to receive and retain him or her upon the regular and punctual payment of such proportion as it is satisfactorily attested they can pay; any necessary balance being drawn from the fund appropriated for the support of pauper patients to the amount of the allowance made for the support of each pauper ; and on all occasions when the case of ®^of any lunatic, idiot, or epileptic is under consideration before the said 734 LUNATIC ASYLUM.—1850. Proceedings for commitment—Non-residents—Discharge. Justices, it shall be the duty of the Clerk of the Inferior Court to at¬ tend such investigation and keep a book in which all matter relating to the enquiry or trial shall be recorded. Application. 20. Sec. XI. Any person who may desire the commitment of any lunatic, idiot or epileptic, shall make application m writing to the Justices of the Inferior Court of tlie County where such lunatic, idiot or epileptic resides, for such commitment, whereupon the said Day appoint Justices, or a majority of them, shall appoint a day for the hearing and determining upon such application, and the applicant shall notify Nodce. the relations or nearest of kin to such lunatic, idiot or epileptic, res¬ ident in the County, of the day set apart, at least ten days before the period thus designated. Warrant. 21. Sec. XII. Whenever any.application shall be made to the Justices of the Inferior Court or a majority of them in any County of the State, for the commitment of any lunatic, idiot or epileptic to the Asylum, they shall issue a warrant to the Sheriff or the deputy of *»ry. the Sheriff in said County, directing him to summon a Jury of seven men, one of whom shall be a regular physician, to be and .appear at the Court house in said County, 011 a day specified in said warrant, to hear and determine'the question of lunacy, idiocy or justices to epilepsy, and the Justices, or a majority of them, shall preside at oath.6* such trial, and administer an oath to such Jurdrs, faithfully and im¬ partially to try said issue of lunacy, idiocy or epilepsy, and the ver¬ dict of the Jury shall be final on such complaint; and, the.Clerk of Ksompiifica-the Court shall make out a full and fair exemplification from the u'a" records, of all proceedings had in the case, to be sent with such lu¬ natic, idiot or epileptic, if committed to the Asylum, and the Justi¬ ces of the Inferior Court shall have the same authority as the Inferior Court has by law to enforce the attendance of Jurors and witness- Fines>,&c. es, and to inflict fines for non-attendance, and to fine or send to jail r-ontempts. any person who may be disposed to create disorder'or disturb the Court during its session for the trial of such cases. rtmv com- 22. Sec. XIII. Iu the cases of all citizens of this State, who 'omos. have been regularly received as patients in the Asylum, but have mbsence. been absent from it for the period of three months, either through discharge, elopement, or removal by friends, such person cannot be returned to the Institution unless regularly recommitted according to the form prescribed in this Act. nom resid'ts. 23. Sec. XIV. No lunatic. idiot or epileptic not having a resi¬ dence in this State, shall be received into the Asylum, unless satisfac¬ tory arrangements shall have been made with the Trustees to pro¬ vide for and secure the prompt payment of his or her board, and all other expenses liable to be incurred. Discharge. 21. Sec. XV. Tlie Trustees, or a majority of them, upon an arc I'-ation to them in writing, shall discharge from confinement any lunatic or epileptic, upon being satisfied that the cause of such Paupers, confinement has ceased to exist, and no ] aupcr lunatic or epileptic, who shall have recovered, shall be discharged from the Institution vriiiiout suitable clothing, and the Trustees may furnish the same at their discretion together with a sum of money not exceeding ten dollars. MAGNETIC TELEGRAPH—1847. 735 Erection authorized. Sec. XVI. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to appropriate money for the purchase of Land and making useful and. necessary improvements in connexion with the Lunatic Asy¬ lum.—Approved Feb. 22, 1850. Pam. 17. 25. Sec. I. Be it enacted, That the sum of three thousand dol- $3000 to pi¬ lars is hereby appropriated to purchase such tract or tracts of landchase land* in the vicinity of the Lunatic Asylum as may be deemed important and necessary to the interests of the Institution by the Board of Trus¬ tees and his Excellency the Governor. Sec. II. For the building of a male and female infirmary, the $1500for sum of two thousand five hundred dollars, or so much thereof as mayinflrmane9, be necessary, be, and the same is hereby appropriated. Sec. 111. For the purpose of re-covering the present buildings $3000 to re- with the most approved fire-proof material, and likewise such other bjiW" buildings as may be erected, the sum of three thousand dollars, or as much thereof as may be necessary, is hereby appropriated. Sec. IV. For erecting and furnishing a separate building for $1000 for 'epileptics, the sum of two thousand dollars, or so much thereof as j^ueputii8* may be necessary, be, and the same is hereby appropriated. Sec. V. • All laws and parts of laws militating against this Act, are hereby repealed. [Able report and resolutions in reference to a Lunatic Asylum, 1841. Pam. 254.] [Appropriations- in 1837, $20,000. In 1839, $5,000. In 1841, $10,000. In 1845, $10,000. In 1847, $997 3fi, to pay old debts, and $700, for lightning rod and force pump. In 1850,$10,500.] MAGNETIC TELEGRAPH. 8«c. 1. Authorizing erection. | Sec. 2. Protecting from disturbance. An Act to authorize the construction of the Magnetic Telegraph, and providing Jar the protection of the same.—Approved Dec. 29, 1847. Pam. 218. Wh areas, many of the citizens of the State of Georgia are inter¬ ested in the construction of lines of the Magnetic Telegraph, and desire the protection of their property, and the privilege of using the public roads and highways for their posts and wires: 1. Sec. I. Be it enacted, That any company or individual may any ccmpa erect posts and wires, and other fixtures for Telegraphic purposes, on posts, etc. or by the side of any public road or highway in this State : Provided, that such posts, wires or fixtures shall in no case be so set or placed 736 MILITIA: Analysis. as to obstruct, hinder, or in any way interfere, with the common uses or business of said roads or highways. 2. Sec. II. If any person shall wilfully destroy, damage, or in ^damage1 any way injure said Telegraph, posts, wires, or fixtures, he or they mi^demenn'r shall be deemed guilty of misdemeanor, and may be indicted in the Superior Court of the County where such damage may be done ; and upon conviction, shall be fined or imprisoned in the common jail of the County, or both, at the discretion of the presiding Judge. MILITIA.* Sec. 1. Inspection by Adjutant General. 2. Report. 3. Organization of Militia. , 4. Changes by Legislature. 5. Changes by officers. 6. Composition of Regiment. 7. Districts; rank of officers. 9. Vacancy of Captain ; subaltern. 10. Of Fiekl officers. 11. Staff officers. 12. Oath of officers. 13. "Who subject to duty. 14. Non-commissioned officers. 15. Arms and equipments; 16. Uniform; Volunteers. 17- Annual Conventions. 18. Sutlers. 19. Disorder; mutiny. 20. Fines and penalties. 21. Arms exempt from sale. 22. Distribution of orders. 23. County with one "Battalion. 24. Reg. Paymaster, Bond, &c. 25. Application of fine money. 23. Courts Martial. 27. Non-appearance; guilt. 28. Calling out of Militia. 29. Expresses. 30. Pay of Adjutant General. 31. Law read to Company. 32. Volunteer Company—40 men. 33. Cavalry Companies. 34. Officers resigning. 35. Imprisonment. 36 Toll-free through the State. 37. Judge Advocate. 38. Division and Brigade Inspectors. 39. Pay at Court Martial. 40. Cavalry; Artillery; Riflemen. 41. Persons exempt from duty. 42. Apportionment for service. 43. How officered. 44. Distribution of laws. 45. Repealing clause. 46. Battalion in two Counties. (Sec. 47. Elections ; Lieut. Colonel. 48. Repealing clause. 49. Artillery Companies. 50. Removal of officers. 51. Independent Troop—Liberty. 52. Two Majors in Regiment. 53. Verbal summons. 54. Sentence of Cashiering. 55. Notice of Court Martial. 56. Cavalry, Artille-y, &c. 57. Rifle Cojnpanies. 58. One to a County. 59. Number of Lieutenants. 60. Number of privates. 61. Duty of Brigade Inspectors. 62. Adjutant General, and duty. 63. Inspectors' pay. 64. Their accounts. 65. Aliens exempt, 66. Their oath. 67. Inspector's pay. 68. Homespun uniform. 69. Notice of Court. 70. Superintendents of elections. 71. Judge Advocate. 72. Company musters. 73. Annual account of arms. 74. Courts of Inquiry. 75. Clerk and Provost Marshal. 76. One annual review. 77. One Battalion Counties. x 78. Inspector's returns. 79. Colonel nominate officers. 80. Four Company musters. 81. Company Courts of Inquiry. 82. Clerk and Provost Marshal. 83. Cavalry Companies. 84. May be formed in each County. 85. Officers and by-laws. 86. Arms furnished. 87. Georgia Guards. 88. Inspection. 89. Exemption from duty. 90. Appropriation. 91. First Division excepted. *For Act authorizing the Inferior Court to lay out new Militia Districts, and alter cM ones, see title "Counties," sec. 9. For Act in relation to Military storekeepers, see " State Officers," sees. 40, 41. For Act amending the Militia Laws, as to fust Regiment, see Act of 1841, Pam. 1&% MILITIA.—1807-T8. 737 Inspection of arras by Adjutant—Organization. " 92. Election of Colonels. " 93. Cavalry ; Jury duty. " 91. Paupers need not equip. " 95. Their affidavit. " 96. Repealing clause. " 97. Act of 1822 repealed. " 98. Colonel and Major's duty. " 99. Inspector's return ; pay. " 100. Division Inspector; pay. " 101. Court Martial-—officers. « 102. Annual drills. " 103. Dissolution of Company. •' 101. Suit on bond. " 105. Colonel and Major appointed. " 106. Election of Maj. and Brig Gen 1. " 107. Advertisement. " 108. Where held. " 109. Superintendents. " 110. Return. " 111. Proclamation; tie. " 112. Who may vote. " 113. Voting twice. " 111. Court for General officers, 7. " 115. 5, for all others. " 116. Supernumeraries; witnesses. " 117. Arms for volunteers.. " 118. Requisition on Gen'l Government. ".119. Annual rep orts. " 120. Book of lines. 121. Levy by Constable. 122. As Justices' fi. fa. " 123. Election of Eield and Co. officers. An Act to provide for the arming the militia of this State.—Approved Dec. 10, 1807. Vol. II. 363. 1. Sec. V. It shall be the duty of the Adjutant General at least To be inspect twice in every year, to inspect the arms, ordnance, accoutrements, Adjunct8 and ammunition so'deposited in the arsenal, and the keeper of theGeneraL arsenal is hereby required to submit to the inspection of the Adju¬ tant General the arms, ordnance, accoutrements, and ammunition, which may be in his care and keeping, on the days appointed by the said Adjutant General, for the purpose of inspection as aforesaid ;* Provided, the said keeper of the arsenal aforesaid, shall receive at least one day's notice thereof, as to the time when the inspection shall commence, in writing from the Adjutant General, and in case the keeper of the arsenal aforesaid shall fail to produce the arms to be inspected by the Adjutant General, after having the notice in writing as aforesaid, the keeper of the arsenal so refusing or neglect- ~ ing, shall forfeit and pay the sum of twenty-five dollars, for each and every day's neglect or refusal, to be recovered by action of debt in any Court having jurisdiction thereof. 2. Sec. VI. It shall be the duty of the Adjutant General to re-Report, port the state and condition of the arms so inspected by him, to each and every successive Legislature. [The residue of this section, and the 7th, directing the Governor to pay for these arms, 'if Congress should not do it, out of what is due by the United States to this State—omitted as temporary.] An Act to revise and consolidate the Militia Laws of this State, and to repeal the Cavalry Laws now in force.—Approved Dec. 19, 1818. Vol..III. 459. 3. Sec. I. The militia of this State shall be laid off and appor-Oivnizacioa tioned into divisions, brigades, regiments, battalions, and companies ; Division, each division shall be commanded by a Major General, whose staff shall consist of one division Inspector, with the rank of Lieutenant •As to Brigade and Division inspections, sec see. 61, 52. 93 738 MILITIA.—1818. Division, Brigade, &c.—Districts—Hank. Colonel, one Quartermaster and two Aids, Avitli the rank of Major ofthe each; each brigade shall be commanded by a Brigadier General, Bngade. whose staff shall consist of a Brigade Inspector, with the rank of Major, a Brigade Quartermaster, and an• Aid-de-camp, with the rank or the of Captain ; each regiment shall be commanded by a Colonel, whoso Regiment staff shall consist of a Quartermaster, a Paymaster, and Adjutant, with the rank of Lieutenant, and ope Surgeon and Mate ; and shall also have attached to it a Lieutenant Colonel, and. Major, a Sergeant Major, a Quartermaster Sergeant, and a Drum and Fife Major ; each ofthe company shall consist of one Captain, a first and second Lieutenant Company. an(^ Ensign, .four Sergeants, and four Corporals, a drummer and lifer, and sixty-four privates. laying off 4. Sec. II. When it shall be found necessary to create any new feringoid" division or brigade district, or make alterations in any of those al» i;riua'(!oiarg!uuzeri. case of the organization of any additional acquisition of territory, the regimental, battalion, and company districts therein, shall in the first instance. b.e defined in such manner and by such officers of the mi¬ litia as the Commander-in-Chief may order and direct. how many q Sec. IV. A regiment shall not contain less than two, nor more battalions to ° . . i e' a regiment, than three battalions; and in a regiment composed of two or more t^nrtsTin1" Counties. battalion musters and battalion courts of inquiry only, enmities, shall be had ; and regimental and battalion districts shall be so ar- Sut'dDuicts ranged as not to embrace parts of two or mere Counties; and the whosiuii Brigadier General and field officers shall determine the several Coun- determine . ° . . . . . .n what conn- ties which shall form a regiment. [But see see. 4 6. J 7. Sec. V. Every division, brigade, regimental, battalion, and Ei!aiu>ed company district, shall be numbered throughout the State by order numbered, 0f tine Commander-in-Chief, in such manner, that everv cori s of the and (itlicel'i . ' ' - i t« be com- same denomination, shall bear a different number; by which lium- si.Boioiie per every diEtrict shall be designated in the commissions of officers f *1 Grrydon, 293. U. S. Statutes at Large, Vol. II. 132. MILITIA.—1-818. 739 Vacancies how filled. commanding them; and when in the field, for the purpose of exer-accordingly, cise, officers of the same grade shall take rank agreeably to the date Ih^date* of of their respective commissions, their respective commands follow-^rioncgoin" ing the same ; regiments being told into regular battalions—-battal¬ ions into divisions, companies, platoons, and sections. [Vacancies, repealed by Act of 1843.] 9. Sec. VII. When any vacancy shall happen by death, resigna- vacancies tion, or otherwise, of any Captain, or where any new-created dis-howfined.' trict shall require officers, such officers shall be elected by the citi¬ zens liable to bear arms within such company district, under the following rules and restrictions :* The commanding officer of the Notice of the regiment or battalion, shall give at least ten days' public notice of the elcction- time and place of holding such election ; and the election shall be held under the presidency of two or more of the Justices of the In-g™0,° p1*" ferior Court [of the County] in which such company may be, to¬ gether with two freeholders belonging to said district, or a majority of them, who shall receive the ballots of all such citizens of the district as aforesaid, and make report thereof, under .their hands and seals within thirty days to the Commander in Chief, for the time being, of the persons having the highest number of votes, together with a state of the poll; and the Commander in Chief shall, within five days after the receipt thereof, commission the person so elected, the Govem- and in the interim, between the time of such election and receiving bre vetted, their commissions, such officers shall be fully authorized to act in all their functions, by brevet from the Colonel or commandant, (or in Counties containing but one battalion, from the Major or com¬ mandant,) upon the officers elected producing a certificate from the persons superintending said election, that he or they had the highest number of votes at said election : Provided, that such election is unless there not protested against by any person having been a candidate; and vacinclcsof when any vacancy shall happen by death, resignation, or otherwise, how'siied.' of any subaltern officer, the Captain or commanding officer of the district where such vacancy or vacancies shall happen, shall give at least ten days' public notice of the time and place of holding such election, and it shall be held and conducted in the same manner as pointed out by this Act. for the election of Captains; and such offi- Brevet, cers when elected, shall be fully authorized to act in all their func¬ tions by brevet under the same rules and restrictions as pointed out by this Act, for other officers ; and where it shall happen in any where the company district, that the privates neglect, or refuse to elect any o^reS sach officer or officers to the comm md, it shall be the duty of the Colonel or commandant of the regiment to which they belong, (or major com- * • ' I' i !i ii ti ftnt in Counties containing but one battalion, of the Major commandant,) shaiin«mi- to nominate a fit and proper person or persons, as the case may require, natcProtem' to take command of said company district, until such election shall be had, and the person or persons elected are commissioned by the Commander in Chief, or brevctted as aforesaid.f 10. Sec. VIII. When a vacancy shall happen by death, resigna- •Sce sen?. 17 and 70, and sera 123, materially altering '"e provisions of this section. ■fOii failure to Gleet, Colonel may appoint; sea. 7J. iiat : ee see. 123. 740 MILITIA.—1818. Staff—Oath—l'rivates. vacancies of tion or otherwise, of any commanding officer of a regiment or bat- liow filled. 3'talion, such vacancy shall be filled by the election of the persons subject to do military duty, who shall become subject to the com¬ mand of such field officer when elected,* under the following -rules and restrictions, that is to say,: any two or more Captains, within such regimental or battalion district, not being themselves candidates, shall give twenty days' public notice, in every company district with¬ in the same, of the time and place for holding such elections; and they, with any two or more Justices who are not candidates, shall preside at the election, and the said presiding Captains and Justices shall, within thirty days thereafter, certify under their hands and seals the person or persons having the highest number of votes, and the state of the poll so taken shall be transmitted to the Commander in Chief, who shall, within ten days after the said transmission, com¬ mission the person or persons so elected ; and in regimental districts, the Brigadier General shall appoint the time and place at which said Where two elections shall be held; Provided nevertheless, that if two or more TOunUes Counties compose a regiment, in that case the elections shall be held compose a at tqe seVeral battalion muster grounds on the same day, and the re- regiment. ° J > , . suit of each election be sent to the Governor, who shall commission as aforesaid. [See sec. 47.] General offi- 11. Sec. IX. Each Major General, Brigadier General, and Co- to^ppoi'iu01' lonel, shall have the appointment of their own respective Aids-de- suff.°wn camP> Division Inspectors, Division Quartermasters, Brigade Inspec¬ tors, Brigade Quartermasters, and the Regimental Staff. each officer 12. Sec. X. Each and every officer appointed, or who may anoatii!™ hereafter be appointed, and commissioned or brevetted, not having heretofore done the same, shall, previous to entering on the duties of his office, take the following oath, to be administered by a Jus¬ tice of the Peace or the Regimental Court of Inquiry of the Coun- Tho oath, ty in which such officer resides, to-wit: I, , do swear that I will support the Constitution of the United States, and faithfully discharge the duties in the — of, militia of the State of Georgia, to the best of my skill and judgment—so help me God. If the said oath be administered by a Justice of the Peace, the Jus¬ tice of the Peace before whom such oath shall be token, shall trans¬ mit the same, within'a reasonable time, to tiro Clerk of the regiment to which such officer may belong, to be entered of record by said Clerk. what per- 13. Sec. XI. The commanding officers of companies shall en- j-mobeSUb r0^ every able-bodied white male citizen, as well as aliens,! between enrolled, the age of eighteen and forty-five years, except such as arc exempt by the laws of the United States and this present Act,J residing within his district; and in all cases of doubt respecting the age of any person enrolled, entitled to be enrolled, or pleading incapacity, to serve in any company, the party questioned shall prove his age or inability to the regimental (or battalion courts of inquiry, 'in ^'Election held at precincts, see. 92. On failure to elect, Erigadier General may ap¬ point. See Act of 1842, sec. 105. +Hut see Foreigners, sec. 10. See sec. 65 of this title. JSec. 41. MILITIA.—1818. 741 Non-commissioned officers—Arms and equipments—Uniforms. Counties containing but one battalion) within whose bounds he may- reside ; and it shall at all times hereafter be the duty of every such Captain or commanding officer of a company, to enrol every such white male as aforesaid, as shall from time to time arrive at the age of eighteen years, and be under forty-five, except as before except¬ ed, or who shall come to reside within his bounds, and shall without delay notify such person of the said enrolment by a proper non¬ commissioned officer, by whom such notice may be proved. 14. Sec. XII. The Captain or commanding officer of each com- Non-com¬ pany shall divide his company as nearly equal as possible, into four Xcer8,ehow squads; and annually shall nominate one fit and proper person - in appointed, each squad as Sergeant, and another fit and proper person as Corpo¬ ral ; but in case of refusal of all or any such persons to act as Serge- Iftheyrefuse ant or Corporal,- the commanding officer of such company shall de- J£aserbvee'athey posit the names of the men in each squad in separate hats, and call pnted by some disinterested person to draw two names from each hat, and the ot' person whose name shall be first drawn, shall be a Sergeant; and the person whose name shall be next drawn, shall be a Corporal; and such persons shall be responsible for the duties required of such non¬ commissioned officers by law, for the term of one year thereafter j but such person shall not be compelled to serve again until the names of all the other persons in the respective squads shall have been. so drawn. 15. Sec. XIII. Until arms and equipments of the description arms and required by the militia law of the United States, can be procured in o? mlutlaof this State, by any mode which the Legislature may hereafter pointthe Iine out, every non-commissioned officer or private in the militia of the line shall stand bound to appear at all musters or on all other neces¬ sary occasions, armed, equipped and provided with a fire-lock in good order, and a cartridge-box or shot-pouch but all volunteer 0f volunteer companies of light infantry, grenadiers or riflemen, shall at all times comPanies* be and appear at musters or on other necessary occasions, armed, equip¬ ped and provided, as the militia law of the United States prescribes, as well as any volunteer corps of cavalry or eirtillery; and that no volunteer company of any species of troops shall be received or ac¬ knowledged as a volunteer corps or company until such volunteer company or companies present themselves, armed and completely equipped, as in the regular army of the United States. 16. Sec. XIV. The uniform of the officers of the militia, shall uniform of correspond with that worn at present by the army of the United m?mfo.cer30f States,! and the uniform of all volunteer corps shall be blue, with ?0'rp°lunteer such ornaments as may b^added, according to the taste of. the mem¬ bers thereof, excepting the uniform of riflemen, which shall be green, uniform of with the same privilege of adding any ornaments; and no personriflemen- belonging to the militia of the line, shall, undercolor of enlisting into any company to be made up by volunteer enrolment, be excused from doing duty in the infantry of the line, until he shall have equipped himself for service in such volunteer company according to law, and •But see Act of 1839, as to paupers, sec. 94. fBut may be made of homespun. See sec. G8. 712 MILITIA.—1S18. Volunteer companies—Annual Inspection. shall have produced a certificate thereof from the commanding offi¬ cer of the volunteer company to the commanding officer of the dis- Persons tric-t company to which he did properly belong, and 110 person hav- wStiidra\v° ing enlisted ill any volunteer company, shall be permitted to 'with- untee?com- draw himself from the same, under the penalty of ten dollars, unless p?ny"1,yt ,in case of removal from his regimental or battalion district, to be re- give 39 davs' ° i notice, on" covered as other fines imposed by this Act, upon the evidence of pain of §10. comman(jjUg officer of the company from which he shall so with¬ draw, without having given said commanding officer thirty days' previous notice of his intention so to withdraw; which command¬ ing officer shall return all such cases to the first battalion court of commission inquiry that shall sit thereafter; and the commissions of such nate the^e". volunteer corps shall designate the number of the regiment or towhid'10" battalion to which they are attached, and the comanding officers attached. the regiment or battalion shall direct how they are to be posted subject w on regimental or battalion parades, unless differently ordered by a tbe same du- • /r> -11 • i -in r t tieshsthe superior officer; and the said companies shall perform the same rou- Une'/and 16 tine of duty (under their respective officers) and be subject to the deTedbou°trhy same rules and regulations, penalties and orders, as the rest -of the bvthe com- aRd the Commander in Chief may order them or any of them, nvinder-in- ©ut on duty, as occasion in his opinion may require, by entire com- in certain panics ; and when a district company shall not contain any greater m,iut' m're° number of effective men than what is required by the law of Con- eicventh gress, no volunteer corps shall enlist more than one-eleventh rpan ^savannah ou^ district, except in the City of Savannah, and 110 greater number of volunteer corps shall be commissioned henceforward (un¬ less it is in cases of emergency) than what the militia, law of the United States prescribes to be attached to regiments and battalions. Sec. XV. [See a section substituted for this by the Act of 1831. Sec. 73 of 'this title.] A-nuai con- 17. Sec. XVI. There shall be held in each regiment or County, rention of . , . jr ■, officer, and once in every year, or as the Commander in Chiel may order, a. con- mus?ernto be ventioii of the field, staff, company, and non-commissioned officers of i'h'fa[ijutan't regiments, for the purpose of being trained and instructed by the General. Adjutant General,* in the exercises and discipline prescribed by Con¬ gress, at which said conventions, all field officers shall appear in their uniform, armed with swords, and provided with their respect¬ ive commissions ; and all staff, company and non-commissioned of¬ ficers, shall appear in their uniform, armed with firelocks and bayo¬ nets, accoutred with cartouch-boxes, bayonets, belts, and scabbards, and provided with their commissions, and six blank cartridges each; and all such officers so convened shall forn* a company, and be sub¬ ject to such orders, regulations, and instructions as the Adjutant Gen¬ eral may deem necessary, to teach and enforce the discipline pre¬ scribed by Congress, for a term not exceeding three days at any one meeting ; that there shall be held in each County or regiment, once a year, or as often as the Commander in Chief may order, a regi¬ mental muster, (or battalion muster, in Counties holding but one battalion,) for the purpose of being trained and instructed by the *Eut see sees. 61 and 62. MILITIA,—1818. Sutlers—Disorderly7conduct—Fines and penalties. 'Adjutant General in the exercises and evolutions prescribed by Con¬ gress; and that a like convention of field and company officers andAnd»i;ito musters by regiments for by battalions, where there is one battalion vention'anj only in a County,) shall be held once a year, by order of the Briga- lutomiea'by3 dier General, for the purpose of being trained and instructed by the Brigade Inspector,* in the exercises and evolutions prescribed by Congress, and that the Brigade Inspector shall attend all conventions of field and company officers, regimental and battalion musters, with¬ in their respective brigades, and shall make such returns as are pre¬ scribed by the militia law of the United States ; and independent of other regi- the foregoing provisions, the commanding officers of regiments and Saiion'"1 battalions shall and are hereby ordered to have regimental and bat_ musrterB- talion musters, not exceeding once in every year; and the Majors of battalions, when there is but one battalion in any County, shall and are hereby required to have battalion musters not exceeding two in each year. 18. Sec. XVII. When sutlers shall attend regimental or othersutiorsun- musters, they shall be considered under the direction of the command- direction of ing officer present, with regard to the time and place of selling "IngotS? liquors'or other refreshments, and it shall be lawful for said com¬ manding officer to grant exclusive privileges to such persons as may engage to furnish.spacious and convenient places of parade ; and the sutlers aforesaid shall not be liable for retailing spirituous liquors, at any of the musters aforesaid, under the law for the retailing spir¬ ituous liquors without license. 19. Sec. XVIII. If any bystander shall interrupt, molest, or in-Disorderly suit any officer or soldier, while on duty at any muster, or shall be soldiers or guilty of like conduct before any court or board, the commanding £pn^.'s' officer at such muster, or court, or board, may confine him or them,ished- where such offence shall or may happen, for a term not exceeding one day, nor less than six hours, during which time they shall not be allowed to drink any spirituous liquors ; and if any non-commis-Digobf,Jient sioned officer or soldier shall behave himself disobediently or mutinous-or n i j conduct of ly, when on duty, or before any court or board, directed by this Act soldier, to be held, or shall leave the ranks without permission, or refuse to fall therein when ordered, at any muster whatever, or shall appear on parade drunk, or shall quarrel himself, or promote any quarrel among his iellow-soldiers, such non-commissioned officer or soldier so offending, shall be disarmed and confined for the day , by order of how pm»- the commanding officer present, and shall moreover be fined at the lsfied' discretion of the court of inquiry, in a sum not exceeding thirty • dollars nor less than five dollars, to be appropriated as other fines imposed by this Act. 20. Sec. XIX. The fbllowing forfeitures, pains, and penalties, FinesaBd shall be incurred for .delinquencies, to wit: Major General or com- {£naVie.s: manding officer of a division, for failing to discharge the duties re- Generaif* quired by this Act, or disobeying any order legally issued by the Commander in Chief, shall for each and every such offence or neg¬ lect, forfeit and pay a sum not exceeding one thousand dollars ; for nt SOS sorts. 61 axxd 61. 744 MILITIA.—1818. Fines and l'cnaitics. acting in contempt of any order given by the Commander in Chief, to him directed, for every such offence, forfeit and pay a sum not exceeding two thousand dollars, or be removed from office, according to the provisions of the third section and fourth article of the Con¬ stitution, or both at discretion ;—by a Brigadier General or command- rf a Eng. ing officer of a brigade, for failing to discharge the duties imposed ten' by this Act, or disobeying any order legally issued by a superior offi¬ cer, shall for each and every such offence or neglect, forfeit and pay a sum not exceeding six hundred dolrars ; for acting in contempt of any order to him directed, legally issued by a superior officer, for¬ feit and pay for every such offence a sum not exceeding fourteen hundred dollars, or be removed from office, according to the provis¬ ions of the third section and fourth article of the Constitution, or both, at discretion ;—that the following forfeitures and penalties shall be ota colonel, incurred for delinquencies, to wit: by a Colonel or commanding offi¬ cer of a regiment, failing to appear at musters, or on any other neces¬ sary occasion, armed and uniformed as the law directs ; for failing to take an oath, to summon any Court or board, or failing to order a regimental or battalion muster; to report delinquent officers; to make returns of his regiment; shall for each and every such offence or neg¬ lect, forfeit and pay a sum not exceeding one hundred and forty dollars ; for failing to call into service any militia legally detached »f a Lieut, from his regiment, six hundred dollars ;—by Lieutenant Colonel,or coi or Major ]y[ajorj for failing to appear at muster, or on any other neoessary oc¬ casion, armed and uniformed as above; for failing to take an oath, to attend any Court or board ; to give notice of any regiment or bat¬ talion muster, to report delinquencies or make any return, he shall forfeit and pay for each offence and neglect, a sum not exceeding sixty dollars : for failing to call forth his battalion with due despatch, or any detachment of men or officers that may be required from time to time by the commanding officer of his regiment, or the Commander a Captain, in Chief of the State, three hundred dollars :—by a Captain for fail¬ ing to appear at muster, or on any other necessary occasion, armed and uniformed as the law directs ; for failing to take an oath, to at¬ tend any Court or board; to enrol his men and take an account of their arms, accoutrements, and ammunition ; to appoint or draft non¬ commissioned officers, as directed by this Act; to give notice of regi¬ mental, battalion, and company musters ; to cause his roll to be called, and his company to be exercised; to examine his company, and re¬ port delinquencies and defaulters ; or make any return as directed by this Act, shall forfeit and pay for each and every such offence and neglect, a sum not exceeding forty dollars; for failing to call forth such officers and men as may from time to time be legally called for from his company, or failing on suah occasion to repair to the place of rendezvous, he shall forfeit and pay a sum not exceeding •raaubait'n,°ue hundred and twenty dollars;—by a subaltern officer, for failing to appear at muster, or on any other necessary occasion, armed and uniformed as the law directs: for failing to take an oath, or attend any Court, for each and every such offence he shall forfeit and pay at the discretion of the Court of Inquiry, a sum not exceeding twenty dollars; for failing to repair to the place of rendezvous, when order* MILITIA.—1818. 745 Drafts—Arms exempt—Orders—Time of service. ed upon any call from the Commander in Chief, he shall forfeit and pay a sum not exceeding one hundred dollars ;—by a non-commis- Fines and sioned officer or musician, for refusing or neglecting to act as such, ^"a^m. after having been legally drafted or taught, to give due notice to their respective squads of all , musters, and to such of them as they musician, are ordered to summon to Courts of Inquiry; for failing to attend any muster or Courts of Inquiry when ordered : for failing to appear properly armed and accoutre d at aforesaid muster, he shall forfeit and pay a sum not exceeding twenty-five dollars, for each and every such offence, at the discretion of a Court of Inquiry ; for failing to repair to his rendezvous when legally drafted and ordered upon any call from the Commander in Chief, a sum not exceeding one huudred dollars ;—by a private soldier, for failing to attend any muster when of a private, legally warned thereto, or failing to attend by the time appointed, (which, for all musters to be held throughout the State, shall be by eleven o'clock in the morning,) armed and accoutred as this Act di¬ rects, shall forfeit and pay for each offence a sum not exceeding twenty dollars, at the discretion of the Court of Inquiry ; for failing to repair to his rendezvous, properly armed, accoutred, and equipped when legally drafted and ordered upon any call from the Commander in Chief, a sum not exceeding one hundred dollars, at the discretion of a Court of Inquiry ; Provided, that no officer of the militia shall officers not be fined for'not appearing in uniform until three months after he shall have been commissioned ; and in addition to the foregoing, all . " • o o5 wuhin3mos non-commissioned officers and privates, who may be hereafter drafted, from there* who shall refuse, or neglect to appear, agreeably to such order as commission, may be issued with such object, shall in every respect be considered missioned as deserters, and be liable to the rules and articles of war, in such cases provided; excepting in the case of privates,where a good andsuffi-appearing cient substitute shall be furnished ; and if any non-commissioned of- ed, moreover ficer or private shall be returned as a delinquent for not appearing a°s dLerttw? armed and accoutred as the law directs, the Court of Inquiry before maySbeUtes whom the same shall be tried, may, if it appears reasonable, and the Nottcfbe delinquent shall. make it appear that he was unable to procure the fi"ed legal equipment, remit the fine incurred by him; and that the fines arms, &c. if and penalties incurred by minors and apprentices for the breach and procure them neglect of their duty, in any particular service by law required of them shall be paid by the parent, guardian, or master. dfans&ScUar* 21. Sec. XX. All arms, ammunition and equipments, the troop- Militiamen, er's horses and furniture, of the militia, shall be exempted from exe- ice. exempt- cution and distress at all times: and their persons from arrest and process!cml process in civil cases, while going to, continuing at, or returning from muster, and while in actual service.1 22. Sec. XXI. The distribution of orders, requiring any muster distribution to be held, shall take place in such manner as that a Colonel or com-musters, manding officer of a regiment, shall have notice in writing from the have°30days' Brigadier General, at least thirty days before such intended muster; notlce- of a battalion, from the Colonel or commanding officer of a regiment, a major, 20 days. (1.) A Lieutenant in a company raised under Act of Congress not entitled to this ex¬ emption. 3 Kelly, 397. 746 Returns of Defaulters—Paymasters. ACaptain.isat least twenty days; a Captain or commanding officer of a company, duyH- from the Major or commanding officer of a battalion, at least fifteen sergeants,iodays, who shall distribute all orders to their Sergeants at least ten rd^e~' days, and the Sergeant to each person in his squad, at least three days, Public notice before such musters respectively.* Nevertheless, All notices pub? ground!good liely given by the commanding officers of companies, at their respec- pr,vent.°se ^ve niusters, of any subsequent muster, shall be held and deemed as an'uenf/of notices, as to all persons present at such musters ; and ten days' the court of previous notice shall be served in writing, to any delinquent officer, day"!0' non-commissioned officer or soldier, by the Adjutant to said officers, and by Sergeants to non-commissioned officers and privates, of the what shaii time and place thi Court of Inquiry shall sit; and a written or ^chr»otice. verbal declaration before the Court of Inquiry by said Adjutant and Sergeants, or any other officer or soldier, shall be sufficient evidence coionois and to such Courts of such notices and ser vices ; and the commanding wmrnVe!'1'1 officers of regiments and battalions, shall, at their respective regimen- faulting offi-tal and battalion musters, take notice of all delinquent officers, and shall lay the same, together with the returns of delinquencies of the commanding officers of companies, at company, battalion, and regi¬ mental musters, before the Court of Inquiry appointed under this Act, to take cognizance of, and determine on them ; and to each of Form of the said returns shall be annexed the following certificate, to wit: eertificatc. " X do certify that the return hereunto annexed, contains all the de¬ linquencies which have occurred since my last return, having duly examined the same." Sec. XXII. [Act of 1831 substitutes a section for this. See sec. 74 of this title.] anJupanmis ^EC' -^^III. The Majors of battalions, in Counties contain¬ er o/cmjn-in g but one battalion, shall be allowed to nominate two fit and pnp- ingbuTon" er persons to act as Adjutant and Paymaster in his County, who shall battalion, appointed by the Lieutenant Colonel commandant, ami which shall be so construed as to supersede the necessity of having a regi¬ mental Adjutant and Paymaster in such cases. Sec. XXIV. [See a substitution for this section in the Act of 1831. Sec. 75 of this title.] rcg.paymas- 24. Sec. XXV. The Paymaster of a regiment, previous to his bonu.slve entering on the duties herein required, shall give bond and security to the Court of Inquiry, for the faithful discharge of his duty, nn- Jin duty, der such pecuniary penalty as they may think proper ; he shall keep fair accounts of the receipts and disbursements of all moneys which may come into his hands by virtue of this Act, which accounts shall at all times be subject to the inspection and examination of said Court, or of any member thereof; and all accounts passed by said Court, or appropriations made by them, and certified by the presiding penalty for officer, shall be sufficient to authorize the Paymaster to pay the same; misconduct. an(j suc]1 Paymaster fail to render a true and just account of all money by him received, at any time when required so to do by the Court of Inquiry, he shall forfeit double the sum which he so fails-to account for, to be recovered by motion in the name of the •Which may be done verbally, see sec. 53. MILITIA.—1818. 747 Fine money—Courts Martial. commanding officer of the regiment, in any Count having jurisdiction of the same in the County where he may reside, giving such Pay¬ master ten days' previous notice of such motion ; and he shall more¬ over be dismissed from the office of Paymaster of the regiment. 25. Sec. XXVI. The moneys arising from fines and forfeitures application by virtue of this Act, shall be considered as a fund to defray the ex-^^Yrom penses arising under the same, to provide standards and colors for fi"es- the battalions and regiments, m xsical instruments for companies, ammunition for field days, and every other kind of warlike arms, im¬ plements, or equipage, which in the opinion of the Court of Inquiry, may tend to the advancement of the militia service, and moreover the Court of Inquiry shall, from time to time, appropriate such sums as they shall think just and right, as a compensation to their Clerks aud Paymasters, and any other person necessarily employed in car¬ rying the militia law into effect within the bounds of their respective regiments. 2fi. Sec. XXVII. The Commander in Chief of the State, upon arrc^.of General offv* complaint of misconduct or neglect of duty, lodged in writing in the ce«. Executive office, by five or more of the commissioned officers, shall cause to be arrested any Major General, Brigadier General, the Ad¬ jutant or Quartermaster General, and order a Court Martial of all the gourtmartiai other Generals, field officers, or Captains, or so many of them (hav-[^h^'^J ing a regard to seniority) as shall amount to thirteen* which Court Martial shall proceed in the same way, and under the same restric¬ tions, as is hereinafter provided for the trial of field officers ; and any Arrestg of Major General, or Brigadier General, for misconduct within their own field officers, knowledge, or upon complaint lodged in writing by two commission¬ ed officers, shall have power to arrest any Colonel, Lieutenant Col¬ onel, Major of battalion, or any other officer attached to their respec¬ tive staffs; and the commanding officer of the division shall order a Court Martial for such Colonel, Lieutenant Colonel, Major of battal-court mar- ion, Major of brigade, or inspector, to be composed of one Brigadier umifhow°,r General, and of as many field officers and Captains as shall make upformed- a number of not less than thirteen;! an(l such Court Martial shall its power, proceed to hear and determine on all offences against military order and decorum, and may censure, fine, or cashier such officer, which sentence shall be final when approved by the Commander in Chief of the State ; and any Brigadier General, Colonel, Lieutenant Colonel, Arrests0f or Major, for misconduct in any Captain, subaltern, or regimental officer^ staff officer, within his own knowledge, or upon complaint lodged in writing by any commissioned officer, may arrest such Captain, subal¬ tern, or regimental staff officer, and the Brigadier or command- court mat¬ ing officer of a brigade, shall order a brigade Court Martial for the l'?1/"/ ,heit o o 7 o trial, how trial of any such offender, to be composed of one or more field officers, formed, and as many Captains and subalterns as 1 will make up a number of not less than thirteen ;f and such Court Martial shall proceed toIta power- hear and determine on all offences against military order and decorum, and may censyre, fine, and cashier every officer so tried, which sen¬ tence shall be * final when approved by the officer ordering such * Seven by Act of 1843; sec. 114. fFive by Act of 1843; sec. 115. 748 MILITIA.—IS 18. Courts martial—Calling out the Militia. in aii eases, Court ;* and before any Court Martial shall proceed to hear and de- be^swon!.'0 termine 011 any case, they shall take the following oath, to be ad¬ ministered by the presiding officer to every other member, and then The oath, by the officer next in rank to him, to wit : " I , do solemnly swear that I will well and truly try the case now before me, accord¬ ing to the evidence and the opinion .I entertain of the spirit and in¬ tention of the laws of this State, and of the United States, and that I will not divulge the vote or opinion of any member of this Court, unless required to give evidence thereof in a Court of Justice, in a due course of law, until the sentence shall be approved of by the proper authority—so help me God;" and for obtaining the necessary ev- Witnesses idence for the trial aforesaid, the Commander in Chief of the State, Sed!sum"or the presiding officer of the Court Martial shall issue his summons, and every person so summoned failing to attend and give evidence, Punishment shall be subject to be tried by a Court Martial, and if an officer, may, tendance!" at ^ie discretion of such Court, be cashiered, or fined not exceeding 11 an officer.six months' pay, as by the law of the United States is allowed to T, „ such officer when in service; and if a non-commissioned officer or If any other " />•'/* person. soldier, or person not enrolled, to be reported to a Court of Inquiry of the regimental district, in whose bounds he shall reside, and be then subject to such fines and penalties as they may think proper to in¬ flict, not exceeding twenty dollars;. and all persons summ'oned or Witnesses to called to give evidencef before any Court Martial, shall take the be swom. f0n0wing oath, to be administered by the President, or Judge The oath. Advocate, to wit: " I , do solemnly swear, that the evidence I will give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth—so help me God ; " and when any Theeflect of01^^21 officer shall be cashiered, he shall not be eligible to hold any being cash- commission for the term of three years thereafter. lcrcu * the non-ap 27. Sec. XXVIII. If any officer arrested for trial, shall refuse or aiuTcmfed neglect to attend, such refusal or neglect shall be deemed ipso facto afevhimice" sufficient evidence of his guilt, so far as to authorize the Court to or guilt. subject such offender or defaulter to such fines and penalties as might have been inflicted, had the individual appeared, and been regularly convicted of the charges preferred against him. governor 28. Sec. XXIX. That his Excellency the Governor be author- caUounhet0]zed and empowered, on an invasion or insurrection, or probable dUcmionhisProsPecf hereof, to call forth such a number of the militia, and from and organize Such County or Counties, and in such manner, either by companies meat. ' or by drafts, as he may deem proper; and for the accommodation, equipment and support of the militia so called forth, the Command¬ er in Chief of the State, may appoint such Quartermasters, Commis¬ saries and other staff officers, as to him shall seem proper; and shall also take such measures for procuring, transporting and issuing all orders for orders which may be necessary—orders for the militia to be called shu'nIjtfsent forth as aforesaid, shall be sent to the commanding officer of the officers!'1 regiment, brigade or division, with a notification of the place or Tbc-ir duty, places of rendezvous, who shall immediately take measures for de- *But see sees. 54 and 55. f Witnesses' fees ; see Act of 1843, sec. 116. MILITIA.-£-1818. 749 Ex-presses. taching the same, with the necessary number and- rank of officers by regular details, drafts or volunteer enlistments, as he may be or¬ dered. Whenever any militia shall be called forth into actual serv- such militia ice as aforesaid, they shall be governed by the articles of war, which anfcieVof h° govern the troops and the militia, which are in the service of the Unit- war- ed States ; and courts martial shall be held as therein directed, to be courts composed of militia officers only, for the trial of any person in the martldl* militia; but to the cashiering of any officer or capital punishment of any person, the approbation of the Commander in Chief shall be necessary ; and when any militia shall be in actual service, they Allowed the shall be allowed the same pay and rations as are allowed by law to aerations the militia of the United States. If a sudden invasion should be of the ul's!* made, or an insurrection should happen in any County in this State, oHnsurreel the commanding officer of the militia in such County, is hereby au- thorized and required to order out the whole, or such part of the com. officer • ■ i . ofthatOouu- militia as he may think necessary, and m such manner as he may ty may can think best, for repelling or suppressing such invasion or insurrection, andm'htia' and shall call on the commanding officer of the adjacent County for such aid as he may think necessary, who shall forthwith and in like manner furnish the same-; and in the event of any militia ordered out by the commanding officer of a-County as aforesaid, such offi¬ cer shall immediately give notice of the same and the cause thereof, notify nia au¬ to the commanding officer of the brigade or division, who shall forth- peij"foffice* 0 ° 7 and he must with report the same to the Commander in Chief. notify the _ 29. Sec. XXX. That Major Generals, Brigadier Generals, and genenotffv Colonels commandants of regiments, be and they are hereby vested command-01' with powers to employ such persons and contract with the same, at any rate not exceeding $4 per day, to ride express, for transmitting presses, such orders.as in their judgment may be for the good of the public service: Provided, that a day's riding for any express be not less than 35 miles; during the necessary time they may be actually en¬ gaged in performing such duty, to be paid by the Governor out of the contingent fund, upon their producing a certificate of the Gen¬ eral or officer so employing them ; And provided also, that no ex¬ press employed by the Colonel or commandant, shall be allowed pay unless in case of insurrection or invasion. 30. Sec. XXXI. The Adjutant General shall be allowed such p ofthe pay, while in actual service, as shall be expressed in each annual ap- propriation law, and in case of omission in any of said laws of such allowance, the Commander-in-Chief is hereby authorized to pay the same out of the contingent fund, at the rate of the pay, subsistence and forage, which officers of equal rank are allowed, when in the service of the United States, the accounts of the Adjutant General for the same being first certified by a Major General or the Command¬ er-in-Chief.* .31. Sec. XXXII. . It shall be the duty of every Captain or com-conain pins mauding officer of a Company, to read or cause to be read in the iw to id hearing of his company, whilst on parade, at least such parts of the coiuPjny.ach militia law of this State, and of the United States, as relate to dis¬ cipline and the preservation of good order, once in every year. *£ut see sec. 96. 750 MILITIA.—181,9. Volunteer companies—Paupers—J udge Advocate. officersot 32. Sec. XXXIII. Officers commanding volunteer companies wmpunles s'ia^ nDt be permitted to vote at any election for a field officer, unless must have 40 they should actually have forty men in uniform at the time of such men in wni- ' . in m i /• i . fnrmhcft.re election; nor shall any omcer of any volunteer company of this v'.te rriloid State, be entitled to hold their commission with a less number of their cum- i*npn ini&ions. "ion. repealed51"3 ^EC" ^-XXIV. After the passing of this Act, all laws or parts of laws organizing a brigade, regiment, or squadron of caval- onetmop ry in this State, be, and the same are hereby repealed, and not more regiment. athan one troop of cavalry shall be attached to the several regiments of infantry, to be commanded by the Colonel commanding the regiments respectively.* officers re- 34. Sec. XXXV. When any person shall be elected, and shall within^yr< receive brevet or commission, and shall resign the same before the expiration of three years from the date of his said brevet or com- wTtn'n^'rs m^ssi°n; such person or persons so resigning, shall not be capable of "" >rs' being elected to any post or office in the militia of the State, higher Removals, in rank than fourth corporal, for the space of three years: Provided, that a removal out of the regimental, battalion, or company district, shall not vacate their commission, and not subject the person so re¬ moving, to the disabilities therein •contained. Persons una- 35. Sec. XXXVI. When any commissioned, non-commission- ti'eirfines, ec^ officer, or private, has been regularly fined for misconduct, Or neglect of duty, and no goods and chattels can be found whereon d'iy^,reacl1 to levy the said fine, that then it shall be lawful to imprison the said delinquent, one day for each dollar, to the amount of his fine; and jt shall be the duty of the keeper of such jail, to receive such offender or defaulter, and to keep him Or them in close custody for the term in such warrant expressed, and until such offender or de¬ faulter shall have satisfied such keeper for his fees on his confine- ami one day merit: Provided, no jailer shall detain such person or persons more ormteeJ2ul than one day for his fees. Shall pass 36. Sec. XXXVII. All officers whilst on duty, and any militia musters,« called to misters or parades, or to courts martial, or to courts of in- having to pass over toll bridges, ferries or through turnpike inquiry. gates, shall pass toll free, going to and returning from such muster, parade or court as aforesaid. appointmn't 37. Sec. XXXVIII. It shall be the duty of each Major General vwattfund t° nominate and appoint one fit and proper person, who shall bear the unduiy. titic of Major, to act as Judge Advocate, whose duty it shall be to attend all courts martial held in said division.f compensn- 38. Sec. XXXIX. Division and brigade Inspectors, or brigade M;i.i°rs- shall receive $4 per day while in actual service, to be paid u'rig.Majors out of the contingent fund : Provided, the services which are to be performed shall not exceed thirty days! in any one year, and shall be certified by the commanding officers of the regiments or battal¬ ions in the brig;;do where such services are performed. Sec. XL. [Repealed. Sec. 48.] 'But see Act of 1835, sec. ?4. jSce see 71. JScc sec. 37. MILITIA.—18X8. 751 Pay of various officers—Persons exempted—Appointment for service. 39. XLI. Officers and the Judge Advocate detailed on a court ofoflicers martial for the trial of an officer or officers under arrest, shall each Advocate6of be allowed the sum of $4 per day during the time of their actual mar" session, and $4 for every 30 miles in going to and returning from such court martial, to be paid by the Executive, on such Judge Advocate or officer's producing the certificate of the president of such court martial. 40. Sec. XLII. Not more than one company of horse, one of ^ ^re artillery, and one company of riflemen, (each to consist of not less pany each of than forty nor more than one hundred, exclusive of officers, ) shall !e°r^& rifle- be attached to each regiment, except in the cities of Savannah and £^eg" Augusta, where there shall be no restrictions so as to prevent the ^^nung^hsta existence of any number oj volunteer corps, or any number of men in each company exceeding the number above mentioned.* 41. Sf.c. XLTII. All persons who now are or may hereafter be Porgonqes_ exempted by the laws of the United States,! and all clergymen cmPted- regularly ordained, shall be exempted from militia duty. 42. Sec. XLIY. When any detachment of miltia may be re qui- apportion- red of this State by the proper authority, lor the service of this, or "|?1"I,i![0trhe the United States, it shall be the duty of the Adjutant General toapua>ser- apportion the number required from the several divisions and brig¬ ades ; and the Governor shall give orders to the commanders of di¬ visions for carrying the same into effect. 43. Sec. XLV. It shall be the duty of the Colonel of the rIow such regiment or regiments, from which said militia are taken, to make out detachments o / j shall he of- an alphabetical list of all the men so detached, and to transmit the 'fleered, same to the Executive office within ten days, and the Governor shall officer the same out of the line of officers, out of which such offi¬ cers arc required within the regiment or regiments from which said men are taken. And it shall be the duty of the Executive, when a Brigadier's command or a Major General's is called out, to appoint a Brigadier or Major General, out of the Brigadiers or Major Gener¬ als then in command in the State, to command the same. 44. Sec. XLVI. His Excellency the Governor is hereby author- Th0 GovcrB_ ized to cause a sufficient number of copies of this law, together with the Acts of Congress, more effectually to provide for the natural »tn the mil. defence, by establishing an uniform militia throughout the Uni- amon" the ted States, and the Act of Congress for calling forth the militia tocfilccrs- execute the laws of the Union, suppress insurrections and repel in¬ vasions, and the articles of war, to be printed and distributed through¬ out tlie State,'so that every general and field officer therein, and ev¬ ery brigade Inspector, Adjutant and Captain, may be furnished with ♦Altered and amended ; fee fee. .5(5. t-'Asides ti e officers of tlie General Government and the members and officers of Congress, " All custom-house officers withtireir clerks; all post officers, and stage dri¬ vers, who are employed in the care and conveyance of the mail of the Untcd Stales; all ferrymen employed at any l'erry on the post road ; all inspectors of exports; all pi¬ lots; all mariners actually employed in the sea-service of any citizen or merchant within, the United fcitatc;; and all; ersons who now are or who may hereafter be ex¬ empted by the laws of the respective States." 1 Gragdon, 294. U. S. Statutes at Large, Vol. U. 139. A> to Aliens, see sees. (55 and (5(1. As to Ferrymen, see " ltoads," &c. see, 50. 752 MILITIA.—1S1S-'19. Battalion District—Artillery companies. one copy each ; and his Excellency the Governor is moreover requir¬ ed to contract for a sufficient number of copies of the rules and dis¬ cipline prescribed by Congress, or which may hereafter be prescribed for the troops of the United States, as will furnish the commanding officers of every company throughout the State with one copy, all of which shad be the property of the company, and descend to them mrienedthe in tlns saccessi°n of Captains as long as they last.* Provided, noth- Guardsmay iag in this Act shall be construed to prevent the company of Darien a company Volunteer Guard from continuing as a company, if they" have not with less n , * • i than40 men. iorty* men in said company. 45. Sec. XLVII. All laws and parts of laws, heretofore enacted to regulate the militia of Georgia, be, and the same are hereby re¬ pealed. An Act to amend the foregoing.—Approved Dec. 22, 1819. Vol. III. 477. AbattaHon 46. Sec. I. Nothing in the fourth section of the above-recited include 2 or Act shall prevent regimental and battalion districts from embracing c"n-' parts of two or more Counties, where such arrangements cannot be rsquirosu. conveniently avoided ; and that at all elections authorized by said nle^eac©4, ^c''' JLlst;iccs of the Peace may preside. miy pr^do 47. Sec. II. When a vacancy shall happen by death, resisna- jit elections * vacancies of tion, or otherwise, of any officer of regiment, or Major of battalion, to be'niiefi such vacancy shall be filled in the manner pointed out by the eighth Major.semor section of said Act, except in the case of Lieutenant Colonel, whose vacancy shall be filled by the senior Major commanding, who shall take rank, and be commissioned accordingly.! 48. Sec. III. That the fortieth section of the Act aforesaid be, and the same is hereby repealed, wmoaniea Sec. IV. Where there may be two or more regiments in counties" an7 County, and but one artillery company, said company may be raised out of any or all of said regiments : Provided, that no com¬ pany is reduced to less than sixty-four rank find file, or the number recruited does not exceed every eleventh man in each compahy; and said company shall be attached to the regiment where the Captain of said company resides. o?Sn °f ^EC- ^ie Cities °f Savannah and Augusta, no remov- al of any commissioned officer, except it be beyond the corporate limits of said Cities, shall vacate the commission of said officer.* independent 51. Ssc. VI. The Independent Troop," in the County of Lib¬ erty c'o. erty, be permitted to continue under the like privileges granted in the before-recited Act of the Darien Volunteer Guards. [Sec. 44.] 2 Majors in 50. gEC. yjp Where a regiment shall coiisist of three battal- Kei:. i>i 3 o . ... Batt.vt.!nn- ions, there shall be two Majors, and nothing in tlie before-recited Act in"j.!Mr'hn shall be so construed as to prevent the existence of the two volunteer «nd v/ukw. tl00pS ja (_jounties of Jefferson and Wilkes. *T.'ie Governor authorized to complete a purchase agree! for by Gov. Babun tot 500 copies of .Scott's Military Discipline. Itesolu. of 20th Dec. 1819. Vol. III. 1215. ftteesec. 70, and also sec. 123. MILITIA.—1819-'22. 753 Verbal orders—Cavalry companies. 53. Sec. VIII. The twenty-first section of the aforesaid Act, sergeants (22) be amended, so far as to make it lawful for the Sergeant to «"eLdert»nb" distribute all orders verbally to each person in his squad, three days verbillly' previous to any muster. 54. Sec. IX. So much of the militia law as gives the Briga-sentences of dier General, or officer ordering a court martial, the power of approv-muit bTap- ing, be, and the same is hereby repealed; and that all sentences, amounting to cashiering of any officer, passed by a brigade court, shall be laid before the Major General of the division for his final approval. 55. Sec. X. All officers arrested shall have at least twenty* officersar- days' notice in writing of the time and place of the sitting of the have20d'y«» court for his or their trial, and be furnished with a list of the officers a detailed to sit on said court : and it shall be the duty of the field of- court, ficers issuing an arrest to give the Adjutant or officer serving, the summoned same authority lo summon all such witnesses on both sides as may on ^sl law shall not be allowed so to operate as to reduce the number of effective men in any militia company below forty. Not more 53. Sec. II. There shall not be more than one volunteer .rifle rifle comp'y corps in any County; in Counties containing more than one regi- »aaiiy Co. mentj ^ volunteer rifle corps may enlist men from either or any of the regiments of the County, and shall be subject to the command of the oldest Colonel of the County, v?'" Sec. III. When any volunteer rifle corps shall contain as auntain'i'K many as one hundred and twenty-six privates, it shall he lawful for mayahavcM said volunteer rifle corps to elect a third and fourth Lieutenant, and i(!uantilicu"a second Ensign, to be commissioned by the Governor ; in this case the second Lieutenant shall rank as first Lieutenant, the third and fourth Lieutenants shall rank as! second Lieutenant, and the second Ensign shall rank as an Ensign. n^TthTr When any volunteer rifle corps, containing the ad- that, tiieir ditional officers authorized by the third section, shall for six months vlwated!" " jtogether have fewer than one hundred and twenty-six privates, the .commissions of such additional officers shall be deemed to be vaca¬ ted, and it shall be the duty of the Colonel commanding to enforce this section of the law. Sec, Y. [Repealing clause.] An Act more effectually to define the duties of the Adjutant General, Division and JBrigaele Inspectors, §*c*—Assented to Dec. 23, 1822. Vol. IV. 279. to" GL Snc. I. From and after the passing of this Act, it shall and attend Ro- ft is hereby required to be the duty of the brigade Inspectors of the Inspections. several brigades of militia of this State respectively to attend at all reviews of inspections which 'may he lawfully ordered by the Briga¬ dier Generals thereof, and to perform the duties of training and in¬ specting the militia as heretofore required of the Adjutant General, in conformity to the laws of this State ; and it shall he the duty of s Brigade the said brigade Inspectors to make out two complete brigade reports to'be^ci.t'to of inspection, one of which shall be transmitted with the least pos- uie'otherto delay, to the Adjutant General's office, and the other to the di- »iv. luspec. vision Inspectors, which division Inspectors respectively shall and ♦This Act was repealed by Act of 1836. Pam, 163, (Prince, COS.) But that Actbs* b§ repealed by Act of 1810, sec. 96, this Act was revived. MILITIA.—1822-'24. 755 Inspectors' pay—Aliens exempt. are hereby required to consolidate the same, and transmit them to the Major Generals of their divisions. 62. Sec. II. It shall be the duty of the Adjutant General to t^tn^n consolidate the said brigade reports transmitted to him, subject to idate. the order and control of the Governor and Commander-in-Chief. Sec. III. [Repealed by Act of 1839.] Sec. IV. [Repealing clause.] An Act to authorize, upon certain conditions, the organization of Squadrons of Cavalry in the first Military Division of this State, and for the encouragement of Volunteer Corps of Cavalry with¬ in the same.—Approved Dec. 28, 1822. Vol. IV. 280. Prince, 699. [A general Act extending to the whole State, passed in 1835. See sec. 84. This Act being local,.is omitted.] An Act to alter and amend an Act more effectually to define the du¬ ties of the Adjutant General, Division and Brigade Inspectors, and to regulate their pay, &fc. passed the 23d day of December, 1822. Approved Dec. 17, 1823. Vol. IV. 282. 63. From and after thq passage of this Act, that division and Division and brigade Inspectors shall receive, while in aGtual service, four dollar S ppectors, $4 per day : Provided, that no division or brigade Inspector shall charge Cin for more than twenty days in any one year.* service. 64. Sec. II. All accounts shall be made out according to the now acc'ts foregoing section, for the year 1823, and paid according to the pro-madeout. visions of the above-recited Act. Sec. III. [Repealing clause.] An Act to exempt all aliens residing or at any time being wit I an the State of Georgia, from the perjormane'e of ordinary militia or other military duty, except the duties hereinafter specified.—Ap¬ proved Dec. 9, 1824. Vol. IV. 321. 65. From and after the passage of this Act, all aliens residing or A!ienst*x- i • i • i n r ' i ill r einP' 'ronl at any time being within the State or Georgia, shall be exempt from miiit'ry duty 1 the performrncc of all ordinary militia duty and other military duty, except patrol duty, alarm duty, and duties required for the suppres¬ sion of insurrection, invasion, or conflagration. 66. Sec. II. Every alien claiming the exemption as aforesaid alien# shall, before he is entitled to the same, make oath before a Judge the Superior or Justice of tbo Inferior Court of this State, or Justice take an oath. of the Peace, that he is an alien, and that it is not his intention to become a citizen of the United States ; which oath lie shall present •Forty davs. sec. (17. But sco sec3. 98. 99. 756 MILITIA.—1824-'29. Homespun uniform—Notice—Election. to the Clerk of the Superior Court of the County in which he resides or may be, who shall file in his office the said oath, and register the name of the said alien, in a book for that purpose, and shall furnish the said alien with a certificate under his hand and the seal of the said Court of such registry being made, for which certificate the said Clerk shall be entitled to receive the sum of three dollars. Sec. III. [Repeals all repugnant laws.] An Act to extend the time heretofore allowed by Law for Division and Brigade Inspectors to perform their military duties.—Approved Dec. 20, 1824. Vol. IV. 282. inspectors 67. From and after the passage of this Act, the several division cliarffe and brigade Inspectors of Georgia militia shall be allowed to charge forty (lays. for any length of time not exceeding forty days in any one year, for the actual military services required of them by law.* An Act to alter and amend a part of the fourteenth and twenty- first sections of the Militia Laws of this State, passed the 19th day of December, 1818, so as to permit the company officers of the militia to uniform in homespun ; and to alter the present mode of notifying defaulting officers to courts of inquiry.—Approved Dec. 19, 1828. Vol. IV. 285. company of- 68. From and immediately after the passage of this Act, the uni- u nt form "in f°rrn °f ^le company officers of the militia shall or may be compos- homespun, ed of homespun, deep blue cotton and wool, and made to correspond with the uniform at present worn by the militia officers, with plated bullet buttons. what notice ®EC- r^en days' previous notice shall be served in writing to attend a to any delinquent officer, non-commissioned officer or private, by the quij>-.a Adjutant or Sergeant-Major, to all field and staff officers, and to the commanding officers of the different companies, whose duty it shall be to issue orders to their respective Sergeants to serve a notification on all subaltern officers, non-commissioned officers, and privates, of the time and place the court of inquiry shall sit. Sec. III. [Repeals all laws conflicting with this.] An Act to amend the eighth section of an Act, entitled an Act to re¬ vise and consolidate the militia laws of this State, and to repeal the cavalry laws now in force, passed the 19th day of December, 1818.—Approved Dec. 22, 1829. Vol. IV. 285. 70. Whereas, the eighth section of the above recited Act requires two Captains and two Justices of the Peace, or two Justices of the Inferior Court, to superintend the elections of field officers; and *But see sees. 98, 99. MILITIA.—1831. 757 Judge Advocate—Company musters. whereas, it is many times found inconvenient to procure the attend¬ ance of said Captains, from their being themselves candidates, or non-attendance ; for remedy whereof. Be it enacted, That from and after the passage of this Act, it shall and may be lawful for any two Justices of the Inferior Court, orsaweefe£n Justices of the Peace of the County, together with two freeholders,tlons" or a majority of them, to superintend said elections, and make re¬ turn of the same, as pointed out in said section, any law to the con¬ trary notwithstanding.* An Act to alter and amend the 38/A section of an Act entitled "an . Act to revise and consolidate the militia laws of this State, and to repeal the cavalry laws now in force, passed Dec. 19th, 1818, so far as respects the appointmentsf Judge Advocates."—Approved Dec. 21, 1831. Pam. 163. 71. Whereas, by the aforesaid section there is but one Judge Advocate appointed for each division, who is required to attend all courts martial in the division for which he may be appointed; and whereas, that mode of appointment has failed to secure the attention of .such officer on the courts martial aforesaid; for remedy whereof, Be it enacted, That from and after the passage of this Act, it is coi'tcitono- hereby made the duty of the Colonel commandant of each regiment advocate.'^6 of the militia to nominate and appoint one fit and proper person, who shall bear the title of Lieutenant, to act as Judge Advocate, whose duty it shall be to attend all courts martial held in the regi¬ ment for which he may be appointed, and to any other court martial in the division, on which he may be detailed, who shall be consider¬ ed as part of the Colonel's staff. An Act amendatory of the 15th, 22 d, and 24 th sections of an Act pass¬ ed on the 19th day of Dec. 1818, entitled an Act to revise and con¬ solidate the militia laws of this State, and to repeal the cavalry laws now in force, and to regulate the number of reviews.—Approved Dec. 23, 1831. Pam. 159. 72. Sec. I. Frpm" and after the passage of this Act, the 15th, 22d, and 24th sections of an Act, passed on the 19th day of De¬ cember, 1818, entitled an Act to revise and consolidate the militia laws of this State, shall be in the words following, viz: 73. Sec. XV. The commanding officers of volunteer compa- companies nies of every description, shall muster their companies at least four times a year, times in each year, at such times as may be ordered by the com¬ manding officer of said company, and at such place as shall have been established by the members of said company, or a majority thereof, as the muster ground of said company,! and the command¬ ing officers of companies of every description, shall, once in each •See sec. 123. t Amended, sec. 80. 758 MILITIA.—1831. Courts of Inqtiiry—Cost. Annualarc't year, by order of the commanding office of the regiment or of the armsVlui""* battalion in Counties containing but one battalion, take an exact ac- taxncd.bcre coullt ^ie arms aU(^ accoutrements in possession of Lis company, designating public from private, and also the number of each partic¬ ular description of arms and accoutrements, and the number of ef¬ fective men composing his commaud, as well those absent as they who are present, at the time of taking said enumeration, and shall make a true return thereof to the commanding officer of the regiment or battalion, as the case may be, in such form as they may receive from the commanding officer, or Adjutant, which returns shall be ready 011 the days of review and inspection, and handed to the Inspector, on his arriving at the head of each company, for his use, during the inspection, and then to be handed to the commanding officer of the battalion or regiment, or their Adjutant for consolidation, which con¬ solidated return shall be handed or forwarded to the Brigade Inspec¬ tor, to which the regiment or battalion belongs. 74. Sec. XXII. There shall be regimental, battalion, and vol¬ unteer company Courts of Inquiry, to be appointed and ordered by the commanding officers of regiments, battalions and companies, un- cwr™'nil ^er following ru^es and regulations: Regimental Courts of In¬ quiry. quiry, shall be held within sixty days after each review or regiment¬ al muster, to consist of at least seven and not more than eleven of Murtlo?in ^le commissi°ned or brevetted officers of the regiment. Battalion quiry. Courts of Inquiry shall be held within thirty days after each battal¬ ion muster ok review, in Counties containing but one "battalion, to consist of at least five and not more than seven of the commissioned or brevetted officers of the battalion, which officers in both cases How detail- shall be regularly detailed by the commanding officer of the battal- edmb°th -on Qrregjment3 as the case may be, and notified thereof on the day of muster or review or by a citation under his hand, delivered by the Adjutant, or left at their place of abode, two days previous to the sitting of the Court, and designating the time and place of hold- who shall ing such Court, and the officer highest in rank shall preside; but in preside. case of equality of rank, seniority shall give a preference; and the several regimental and battalion Courts of Inquiry, when convened at the time and place appointed, shall have power to assess fines on all delinquent officers and soldiers within their regimental or battal¬ ion districts ; and all defaulters at regimental or battalion musters or reviews, shall be tried at the Courts which may next happen. Vol- Voiunteor unteer company Courts of Inquiry shall be held within twenty days courts of in- after each muster, or on the next muster day, to be composed of at quir,r' least three of the commissioned or brevetted officers of said compa¬ ny, and the officer highest in rank shall preside, and may have a Clerk, who shall keep a record of their proceedings, and receive the Ptnea. fines that any delinquent may voluntarily pay within ten days after each court, without cost, and after the expiration of ten days, he Execution, gj^jj jssue execution against all persons on whom fines may hare been assessed, who have failed to pay the same, and shall be allow- Cost. ed to charge twenty-five cents cost for issuing the same, directed to any constable within the bounds of said company, to execute and return, signed by himself and' countersigned by the presiding officer MILITIA.—1831. 759 Cleric and Provost Marshal of said court, and the fund thereby created, shall by the direction of the officers be applied to the equipment of said company : and the Co'urts of Inquiry of regiments and battalions, in Counties contain¬ ing, but one battalion, shall also have power to order the issuing of execution against delinquent Provost Marshals or other officers charg- r-oUeotion or ed with the collection the funds of the regiment or bait ilion, fer g"courts'11" sucli sum or sums as they may, when required, fail to account for, directed to the Sheriff (or his Deputy) of the County, whose duty it shall be to collect and pay over the same to the Paymaster of the regiment or battalion.* 75. Sec. XXIW The commissioned officers of the respective ruction or regiments and of battalions, in Counties containing but one battal- p^st-mar- ion, shall at their first convention, after the first day of March next, *haL that may be occasioned by brigade, regimental, (or battalion as above provided,) orders, shall proceed pnder the superintendence of three or more of the officers of the battalion or regiment, to the election of a Clerk and Provost Marshal, and after ascertaining the persons elected, grant to each of them a certificate of the same, and the per¬ sons thus elected shall attend the regimental or battalion Court of Inquiry, which may next happen within their respective districts, and on producing the certificate hereinbefore directed to be given, the presiding officer shall administer, or cause to be administered, the following oath or affirmation, viz : I, A B, do solemnly swear, (or affirm,) that I will faithfully dis-oatm charge the duties of Clerk (or Provost-Marshal) of the (insert the number of tht1) regiment (or battalion) Georgia Militia, to the best of my. understanding—so help me God. Which oath shall be en¬ tered on the minutes of sqid Court, and subscribed by the persons taking the same, and when thus qualified they may continue to dis¬ charge the duties assigned them during their residence withia the regimental or battalion district for which they may have been elect¬ ed, unless removed by the concurrence of two-thirds of the mem¬ bers of any regimental or battalion court of inquiry, on a charge and proof of mal-practice ; and it shall be the duty of said Clerks to attend Buty all the battalion and regimental Courts of Inquiry thereafter to be held in their respective districts, and to keep a fair record of the pro¬ ceedings of said Courts, and within ten days after each Court make out a list of all fines assessed thereat, designating the districts in which each delinquent resides, and also of the appropriations made by said Court, and forward it to the Paymaster of the regiment or of the battalion, in Counties containing but one battalion, who is authorized to receive and receipt for the fines that any delinquent may voluntarily pay. And the commanding officer of regiments or stay of exe- battalions, upon the receiving the affidavit of any delinquent, (pre-cut,on* vious to the issuing of execution.) properly attested by any officer authorized to administer the same, and showing good cause why he should not have been fined, may direct the Clerk to stay the issuing of execution until the sitting of the succeeding Coiirt, when said affidavit shall be laid before the Court, who may upon the mer- * Amended 1332, sec. 81. 1845. sec. 120. 7G0 MILITIA.—1831-'33. Annual review—Inspectors' returns. its thereof, remit or continue said fine, and direct that it be col- Coiiectin? lected forthwith—and the Clerk shall immediately after the expira- ing forCfines. tion of thirty days issue execution against each delinquent, who has failed to pay the fine assessed against him, or to file the affidavit herein before required ; signed by himself and countersigned by the presiding officer of the Court, or in his absence by any other officer Avho was a member of the Court, and directed to the Provost-Mar¬ shal of the regiment or battalion, or any lawful Constable, within the said regiment or battalion, which execution shall be by the Clerk delivered to the Provost-Marshal (and take his receipt thereof, which shall be by the Clerk given to the Paymaster) who may distribute the same to the several Constables within the regimental or other district for collection, or proceed to collect the same under the same rules and regulations in regard to Constable's sales generally, and such executions shall have the same dignity as though they had been issued by a Justice of the Peace, and the same costs awarded Cost the Clerks and Provost or Constable collecting, as in cases of equal dignity injustice's Courts, and the Provost-Marshal shall be required, within six months from the time of receiving the executions from the Clerk, to pay all moneys which may have come into his hands, through the collection thereof, to the Paymaster of the regiment, and to return such executions as cannot be collected, with the truth of the case endorsed on the back thereof, and all such as have been collected by the Clerk.* But one an- 76. Nothing herein contained shall be so construed, as to author- nnai review.-ze more tkan one anmi£q review—any law, usage, or custom to the contrary notwithstanding. 1 Bataiiion Counties having but one battalion, the Court of Inquiry in counties said battalion shall be authorized to lay out, form or, alter company may lay out T . , ,. . , ~ c ' districts, or Justices' districts m said County. An Act to regulate the returns of Division and Brigade Inspectors. Approved Dec. 22, 1832. Pam. 135. inspector* From and after the passage of this Act, his Excellency the D>«kefuH re-Governor shall not issue his warrant to any division or Brigade lu¬ be « paid, spector for services performed by him at the annual review and in¬ spection of the militia of the State, until such Inspector shall have made out a full return of the effective militia force of his division or brigade, and returned the same, or certified to the Governor ac¬ cording to law, or that the same has been impracticable, together with the reasons of his failure—any law to the contrary notwith¬ standing. An Act to alter the seventh section of an Act, to revise and consolidate the Militia Laws of this Stale, and to repeal the Cavalry Laws now in force, passed December 19th, IS 18, and to amend the fifteenth •Amended; see sec. 82. MILITIA.—1833. 761 Appointment of officers—Musters—Courts of Inquiry. twenty-second and twenty-fourth sections of an Act, passed the 22>d day of December, 1831, amendatory of the above recited Act.—Ap¬ proved Dec. 23, 1S33. Pam. 132. 79. From and after the passage of this Act, the seventh section ofWhereno the above recited Act. shall be altered as follows, to wit: That where cimpan/of- it shall happen in any company district* that the privates neglect or ^ refuse to elect any officer or officers to the command, it shall be the nominate, duty of the Colonel or commandant of the regiment to which they belong, or in Counties containing but one battalion, of the Major com¬ mandant, to nominate a fit and proper person or persons, as the case may require, to take command of said company district for the term of twelve months: Provided, an election cannot be had sooner, and the person or persons elected are commissioned by the Commander- in-Chief, or brevetted agreeably to law : And be it further provid¬ ed, that all such as have heretofore been nominated to said command, be, and they are hereby exonerated from the same, and that no per¬ son shall be compelled to serve again, who has served or may serve twelve months, under two years from the term of his appointment being vacated. 80. Sec. II. The fifteenth section of the before recited Act shall companies be amended as follows, to wit: That it shall be the duty of the com- {"me" a year, manding officers of companies of every description, to muster their respective companies four times in each year, as near the centre of their company district, as a majority in said company, liable to bear arms, may determine. 81. Sec. III. The twenty-second section of the before recited com. courts Act, shall be amended as follows, to wit: That there shall be com- Within so pany Courts of Inquiry of every description, ordered by the command- ^ muster ing officer of companies, within twenty days after each muster or on the next muster day, to be composed of at least three of the com¬ missioned or brevetted officers of said company, under the same rules and regulations as pointed out for volunteer companies in said section, and the commanding officer of said companies of every de¬ scription, shall be allowed to stay the issuing of execution against any stay of exe. delinquent, upon his making affidavit stating the facts before any turn" officer authorized to administer the same, within ten days after the sitting of said company Courts, and the commanding officer of said Company shall lay the same before the next company Court of In¬ quiry, who may upon the merits of said affidavit, remit or confirm the same, and order it collected.f 82. Sec. IV. The twenty-fourth section of the before recited Vacanc!ea of Act, be amended as follows, to wit: That when any vacancy shall happen, by death, resignation or otherwise, of any Provost Marshal how fiiieo. or Clerk, it shall and may be lawful for the regimental Court of In¬ quiry and battalion Courts of Inquiry in Counties containing but one battalion, to elect a Clerk or Provost Marshal, as the case may be, •The same event in regiment or battalion, Brigadier General may appoint; Act of 1842, sec. 105. fSee also Act of 1845, sec. 121. 96 762 MILITIA.—1835. Cavalry companies—Organization. to fill said vacancy, under the same requisitions as pointed out in the said recited section, and in case of either failing to attend any Court required of them, when ordered, he shall he fined at the discretion of the Court of Inquiry so ordered to attend, in a sum not exceeding ten dollars, to be appropriated as other fines under the Militia Laws of this State. Sec. V. [Repealing clause.] Appropriation Act of2,\st Dec. 1835. Pam. 17. snwfrr 83- Sec. IX. The sum of $10,000 be set apart out of the unex- c*viiry pended moneys of the Treasury, for the purchase of pistols, swords, ©viuipmo.-i.. holsters, for the epuipment of cavalry companies of this State, to be procured by his Excellency the Governor, for that purpose. An Act to authorize the formation of one or more companies of Cavalry in the several Counties of this State, and to authorize his Excellency the Governor to contract, for a number of pistols,, swords',' Sfc., for the equipment of the same, and to proeide for the payment of the same out of any moneys not. otherwise appropriated, and that said appropria¬ tion be provided for in the (Appropriation bill of 1836.—Approved Dec. 22, 1835. Pam. 46. 84. Sec. I. From and immediately after the passage of this Act, otTxvriry* it shall be lawful for the inhabitants of the several Counties of this S7iibanyrm State, liable to perform militia duty, to create one or more compa- pmvUo n*es cavalry> where the sarnie can be done, Provided, not more than eight men shall be taken from any one company of militia, ex¬ cept such company shall be composed of more than sixty-foiir pri¬ vates ; and except the Counties of Sumpter and Lee, which shall be authorized to make up said company without regard to any number out of each militia district, and that no company of cavalry shall be composed of less than forty men. ieci 85. Sec. II. Said company shall elect their officers from their officer* and body, and enter into such by-laws for their regulation as they may SwJ!b> deem expedient for their government and equipment, which shall not be contrary to the militia laws of this State ; the result of which election, with a copy of their by-laws shall, within thirty days from Return to the s aid election, be transmitted to his Excellency the Governor, whose irovexnor. duty it shall be forthwith to commission the several officers so elected, arid that the said several commissioned, non-commissioned and pri¬ vates of each of said companies so created, shall equip themselves within three months from the date of said commissions, in such uni¬ form as they shall have agreed upon. The cover ^EC' Excellency the Governor be, and he is hereby nor may con- authorized and required to contract for such ifumber of pairs of pis- airvVrms,av tols, with holsters complete ; also, such number of swords suitable for aud furnish use 0p cavairy comoanies, of the best materials, as he may deem them to the j , troops necessary to carry this Act into efiect; and so soon as the same can MILITIA.—1835. 763 Organization of Cavalry companies—Election of Colonel at precincts. be procured, cause the said several companies so organized, as well as those that have heretofore been organized and who have not been furnished, or that may hereafter be organized in pursuance of this Act, to be severally furnished with the number required by each company, so as aforesaid organized and equipped ; and that he cause aBondfobe bond and security from the said officers of each company so created taken- in an amount sufficient, to cause the said pistols, swords, &>c. to be kept in good, order and returned when required, and made payable to hi§ Excellency the Governor for the time being, and his successor in office, for the benefit of the State. 87. Sec. IV". Said companies of cavalry so organized, or hereto- to bo wiw fore organized, in the several Counties of this State, sliall be known ^Gulirds.^ as the Georgia Guards ; and shall be subject to the first call by the Commander-in-Chief of said State, on all emergencies. 88. Sec. V. Said companies of cavalry shall be^subject to in-subject to spection, together with their arms and equipments, by order of the "lai,ecuon- Commander-in-Chief of said State, by such Adjutants or other officer directed to that duty, and whose duty it shall be to report the situa¬ tion, uniform and arms of said corps, with the reports of the militia, when made. 89. Sec. YI. Said companies when so organized and equipped, t4^hprx shall' be exempt from the command or control of the regimental offi-empt Vkm cers of the several Counties where such companies have been crea- comuww£ ted, except when required to appear for inspection, or called out for immediate service by the Commander-in-Chief; [and th^y shall be exempt whilst acting as such troop of cavalry, from road duty.]* . 90. Sec. VII. The sum of 0,000 fie appropriated and set apart appwpria- •in the appropriation Act, to carry into effect the provisions of this Act.f 91. Sec. YIII. The militia of the first division is hereby except-First divi- ed out of the provisions of this Act, and all other Acts, so far as it ed"excep{* restrains the number of volunteer corps of cavalry to be formed with¬ in the limits of the same ; and that it shall be lawful for any num¬ ber of the militia of the first division, to form themselves into volun¬ teer cavalry corps, under the provisions of this Act. An Act to permit Elections for Colonels to be held at the various election precincts in the several Counties of this State.—Approved Dec. 22, 1835. Pam. 81. 92. From and immediately after the passage of this Act, it shall sections of and may be lawful for all elections of Colonels to be held at the va- precincts, rious election precincts in this State, any law, usage or custom to the contrary notwithstanding. An Act to repeal the sixth section of an Act, passed Dec. 22,183-5, entitled ant Act to authorize the formation of one or more Companies of Caval- *Claufie in brackets repealed by Act of 1837 ; sec. 93. fSee sec.83. 761 MILITIA.—1837-39. Road duty—Paupers. ry, in the several Counties of this State, and to authorize his Excel-' lency the Governor to contract for a number of Pistols,Swords, fyc., for the equipment, of the same, and to provide for the payment of the same, out of any moneys not otherwise appropriated, and that said ap¬ propriation be provided jor in the appropriation bill oj 1S3G, so far only as relates to such Companies oj Cavalry being exempt from road duty.—Assented to 14th Dec. 1837. Pam. 170. Whereas, it is provided by the latter part of the sixth section of the before recited Act, that the Companies of Cavalry therein specified, shall be exempt, whilst acting as such troop of Cavalry, from road duty: cavalry not 93. Sec. I. Be it enacted, That from and immediately after the S duty?"1 Passing °f this Act, so much of the sixth section of the above recited Act, as exempts the several Companies or Troops of Cavalry from the performance of road duty, be, and the same is hereby repealed. An Act to define and establish the rank of Adjutant and Assistant Ad¬ jutant General of this State, and to grant them, the privilege of alternat¬ ing.—Assented to 25th Dec. 1837. Pam. 171. [Adjutant to rank as Brigadier General; Assistant as full Colonel; balance of the Act superseded.] An Act to sell and dispose of a portion of the public Arms and Mil¬ itary Stores, belonging to the State.—Assented to 28th Dec. 1838. Pam. 167. [Gov. to sell such as he deemed unnecessary to be retained.]* An Act to repeal an Act entitled \n Act to alter and amend an Act more effectually to define the duties of the Adjutant General, Division and Brigade Inspectors, and to regulate their pay, n-r- by death, resignation, or otherwise, for any Major General, or Brig- by^'iMtkln4 ndier General, of the rrlilitiaof this State, it shall be the duty of the Commander-in-Chief forthwith to issue his proclamation "ordering an election to fill such vacancy, setting forth the time for holding said election, directed to the Colonels or commandants of the regiments or Majors of battalions, in Counties where there are no regiments, in the division or brigade, as the case may be, where such vacancy fiodaj'sno- may occur, giving sixty days notice of the same. 'c"' 107. Sr.c. II. It shall be the duty of the Colonels or command- Advertise- ants of each regiment, or Majors in Counties containing less than a each c'apt'e regiment, to give notice by advertisement in each Captain's district, di3Uk£» and at the place of holding company musters in their respective ♦As to appointment of company officers, see see. 79. 768 MILITIA.—1843. Electors—Courts Martial. godays. commands, at least twenty days before said election, setting forth the time and place of holding the same ; and when there is no Colo- may°°ivot3 ne^ or Major, then it shall be the dnty of any two Captains to adver- notice. tise as contemplated by this Act. held at ail 108. Sec. III. Alt elections held under the provisions of this precincts. — Act, for any Major General, or Brigadier, shall be held at the place or places established by law, for holding elections for rtiembersto the General Assembly. dentfcinten~ ®EC> All elections held for any general officer, under the provisions of this Act, shall be managed, held and conducted, by one or more Judges of the Inferior Court, or Justice of the Peace, together with two commissioned military officers, or two freehold¬ ers of the County in- which such election is held, of votes. 110. Sec. Y. It shall be the duty of one or more of the superin¬ tendents of the election held at the different precincts, to meet at the Court house in their respective Counties, and count up and con- Return. solidate the same, and forward said consolidated return to his Excel¬ lency the Governor, agreeably to the laws regulating fhe returns for members of the General Assembly. Prociamat'n. 111. Sec. YI. It shall be the duty of his Excellency, the Govern¬ or, to count up and consolidate the returns, when received, and to issue his proclamation declaring the person having the highest num¬ ber of votes, to be duly elected, and issue, or cause to be issued, a mw election commissi°n accordingly to the person so elected ; and in case of a tie between any two or more candidates, a new election shall be or¬ dered as in case of a vacancy. electors. H2, Sec. yp, All persons entitled under existing laws, to vote for officers of the militia, shall be entitled to vote for a Major Gen¬ eral, or Brigadier General, as the case may be. vot'g twice, 113 gEC> yi[p if any person shall vote or attempt to vote, at more than one place, or more than once at- the same election, such person shall be punished agreeable to the laws of this State touching illegal voting for members of the Legislature. Sec. IX. [Local.] Sec. X. [Repealing clause.] An Act to amend so much of an Act to revise and consolidate the Militia Laws of this State, &fc. approved December 19th, 1818, as relates to the number of officers which shall constitute Courts Martial; to authorize the Executive to appoint supernumeraries, to provide for the pay of the same, and to reduce the pay of wit¬ nesses.—Assented to Dec. 27, 1843. Pam. 133. Seven to 114. S ec. I. Be it enacted, That from and after the passage of this Sunfor" a Act, all future courts martial for the trial of general officers, shall be g.n'i officer.? composed of the number of seven, instead of thirteen, as now pro¬ vided by law. Five on aii H5. Sec. II. All future courts martial, for the trial of officers others. below the grade of General, shall be composed of five, instead of thirteen members, as now provided by law. MILITIA.—1845. 769 Arm? to volunteer companies—Reports—Book of Fines—Executions. 116. Sec. Ill, The Governor be authorized to summon super- supermi¬ ni! meraries for attendance upon courts martial; and that in all cases meranes- where such supernumeraries do not sit upon such courts martial, they shall receive pay for mileage only, at the rate which is now allowed by law. Sec. IV. All witnesses attending upon court martial hereafter^itnesse8 to be held, shall receive two dollars per clay. An Act to authorize his Excellency the Governor, to furnish Arms and Accoutrements to Volunteer Corps hi the State.-—Approved Dec. 8, 1845. Pam. 54. 117. Sec. I. B c it enacted, That his Excellency the Governor governor be authorized to furnish ah volunteer corps now in commission, or a»avolunteer that may hereafter be commissioned, with such arms and accoutre- merits as may be necessary for the equipment of such volunteer &c- corps, commanders of said corps furnishing such security as may be required.* 118. Sec. II. When such arms and accoutrements applied for, requisition are not in the possession of the State, his Excellency be authorized government, and required to make requisition of the General Government for the same. 119. Sec. 111. It shall be the duty of commanders of volunteer annual r&- corps, to report annually, to the Governor, the number and state of Governor, the arms and accoutrements in their possession; and their failure so to do, shall bp a forfeiture of their bonds. An Act more effectually to provide for the collection and disbursement of Fines imposed by Courts of Inquiry.—Approved Dec. 27, 1815. Pam. 30. 120. Sec. I. Be it enacted, That from and after the passage of ciermo^^ this Act, it shall be the duty of the clerks of the several regimental of fines', and battalion courts of inquiry in this State, to keep a book, in which all fines shall be regularly entered, which may be assessed upon de¬ faulters by the several courts of inquiry. Sec. IL [Repealed by Act of 1847, next Act.] 121. Sec. III. The clerks of the company courts of. inquiry, executions shall issue execution against defaulters, which after being counter- Constable, signed by the Captain or commanding officer of such company, shall be placed in the hands of a Constable of the district, whose duty it shall be to collect the same, as other executions. 122. Sec.' IV. Executions issued by clerks of company courts of on same inquiry, shall be on the same footing as executions issued from Jus- Fices' Courts ; and the Constable shall be made and held liable, by e-fas- rnle and attachment, with regard to these executions, the same as with •Previously enacted, 1813. Pam. 8G. 97 770 MILITIA.—1847-'50. Election of Field mid Company officers. regard to Justices' executions : Provided, that nothing herein con¬ tained shall apply to the first regiment of the first brigade and first division. Sec. V. [Repealing clause.] An Act to alter and amend an Act more effectually to provide for the collection and disbursement of Fines imposed by Courts of In¬ quiry, assented to December 27th, 1845.—Assented to Dec. 30, 1847. Pam. 103. [Repeals second section of above Act.] An Act to change and define the mode of Electing Field and Com¬ pany Officers under the Militia Laws of this State..—Approved Feb. 11, 1850. Pam. 313. - vacancies in 123. Sec. I. Be it enacted, That from and after tiie passage of company of- Act, whenever any vacancy shall happen by the death, resigua- fiu«t'how ^on> or otherwise of any officer commanding in any-regiment, bat¬ talion, or company district, or where any new created regiment, bat¬ talion, or company district shall require officers, such officers in either case shall be elected by the citizens liable to bear arms, who shall become subject to the command of such officer when elected, under the following rules and restrictions, to-wit: Advertise- Whenever it shall become necessary in either case before stated to nac-ut. elect any commanding officer for a regiment, battalion, or com.'any district, the same shall be ordered and advertised by the officer next higher in command to the officer to be elected ; that is to say, elec¬ tions for Colonel to command any regiment, shall be advertised by the Brigadier General; for a Major, by the Colonel commanding the regiment'; for a Captain by the Major in command of the battalion; and for subaltern officers by the Captain commanding the company, and in default of such •Captain, by the Major commanding the bat- Eiections. tAuon ; which said election shall be advertised in either case lor the same time and be held in the same places as now established bylaw; and the said elections in either case shall be managed and superintend¬ ed by one Justice cf the Inferior Court, or Justice of the Peace, and two freeholders, or two of the aforesaid Justices and one freeholder; and the said elections shall be certified and returns thereof made by the superintendents provided by this Act, in the same manner as heretofore done by the former superintendents of such elections in this State. Sec. II. All laws and parts of laws militating against the pro¬ visions of this Act, be and the same arc hereby repealed. An Act providing for the payment for services, losses and expendi tares of Volunteers in the late Creek and Semin.jle Campaigns: including those who were not mustered into the service of the Uni¬ ted States.—Acts of 183C, Pam. 20. MILITIA.—1.837-39. 771 Volunteers in Creek and Seminole War. An Act to amend the fifth section of an Act passed 1836^entitled, an Act to provide for the payment of Volunteers in this State, in certain cases, Jor services, loss, and expenditures, during the Idte Creek and Seminole Campaigns, and to point out the manner of doing the $ame—Assented to Dec. 25, 1837. Pamt 24. An Act to appropriate moneys, and to provide jor the payment of services rendered in the prosecution of the war with the Creelc In¬ dians, and for Arms and Ordnance Stores lost, used and em¬ ployed in said services, and for the payment of forage and subsist¬ ence furnished to said troops, and for the transportation of the . same.—Assented to Dec. 26, 1837. Pam. 25. An Act to provide for the payment of the Militia of this State, who were called into the publie service by the proper authorities, and to provide for the payment of provisions and other necessaries fur¬ nished either by themselves or others, and other expenses legally in¬ cident to such service, and also to provide for the payment of any- unorganized body of men, who upon any sudden emergency acted with the troops regularly in service, in repelling the said In¬ dians, and for the payment of supplies furnished them, and for the payment oj men who acted independently of regular troops, and to appoint a Commissioner to audit the accounts thereof.—As¬ sented to January 1, 1839. Pam. 247. An Act to appropriate a sum of money to pay off the claims of cer¬ tain Volunteer Companies, who were not compensated under the Act passed at the last session of the General Assembly, and to pay certain accounts.—^Assented to Dec. 20, 1839. Pam. 24. [The titles of the five foregoing Acts give a sufficient summary of their contents. They iiave ceased to be of general interest, and those wishing to examine them, can easily refer to the pamphlets. See also resolution of 1841, Pam. 232, as to protection of citizens on the line ot Okefenokee swamp.] TABLE OF ORGANIZATION OF DIVISIONS AND BRIGADES UP TO THE COMMENCEMENT OF 1851. FIRST DIVISION. 1st Brigade.—Bryan, Camden, Chatham, Efiingham, Glynn. Liber¬ ty, Mcintosh, Wayne. 2d " Builoch, Burke, Emanuel, Jefferson, Montgomery, Scriven, Tat nail. SECOND DIVISION. 1st Brigade.—Richmond, Columbia, Warren. 2d " Hancock, Washington, Talliaferro. > o i 772 MILITIA. Organization of Divisions. THIRD DIVISION. 1st Brigade.—Baldwin, Morgan, Putnam.. 2d " Clarke, Greene, Oglethorpe. FOURTH DIVISION. 1st Brigade.—Elbert, Lincoln, Wilkes. 2d " Franklin, Jackson, Madison. FIFTH DIVISION. 1st Brigade.—Jasper, Jones. 2d " Henry, Fayette, Butts. SIXTH DIVISION. 1st Brigade.-—Laurens, Pulaski, Twiggs, Wilkinson. 2d " Appling, Clinch, Irwin, Lowndes, Telfair, Ware. SEVENTH DIVISION. 1st Brigade.—Gwinnett, Habersham, Hall, Rabun. 2d " Forsyth, Lumpkin, Union. EIGHTH DIVISION. 1st Brigade.—Bibb, Crawford, Dooly, Houston. 2d u Monroe, Pike, Upson. NINTH DIVISION. 1st Brigade.—Heard, Meriwether, Troup. 2d " Coweta, Campbell, Carroll. TENTH DIVISON. 1st Brigade.—Harris, Muscogee, Stewart. 2d " Macon, Marion, Sumter, Talbot. ELEVENTH DIVISION. 1st Brigade.—Cobb, DeKalb, Paulding. 2d " Newton, Walton. TWELFTH DIVISION. 1st. Brigade.—Cass, Cherookee, Gilmer, Gordon. 2d " Floyd. Murray, Walker, Chattooga, Dade. THIRTEENTH DIVISION. 1st Brigade.—Decatur. Early, Randolph. 2d « Baker, Lee, Thomas. PEDDLERS—1819. 773 License. CLAMS AGAINST THE UNITED STATES. For money and services paid ancl rendered, by the State.—From communication of Governor Towns to the Senate 011 Nov. 15, 1819, it appears that the original amount of claim was, $213,309 66 On which payments-were made in the years 1842, 1843, and 1844, to the amonnt of. $113,203 35 And in 1847, •• 17,494 130,697 35 Leaving a balance of 112,61231 $243,309 66 Besides interest claimed. Joseph Sturgis was appointed Agent, in December, 1849, to attend to the passing of these claims by Congress. [Statutes omitted as repealed, obsolete or superseded. Provincial Acts of 1755, Watk. 43 ; 1758, 76. 52; of 1760, 76. 65; of 1761, 76.73; 1765,76. 115; 1773, 76. 181; 1787, 76.370; 1793, 76. 522. 1792. Yol. I. 348 ; 1798, Vol. I. 357 ; 1795, 76. 359 ; 1796 and 1798, 76. 360; 1799, 76. 362; 1803, Yol. II. 161; 1805,76. 285; 1808, 76. 428, 439, 443; 1810, lb. 021 ; 1809, 76. 542 ; 1810, 76. 63S ; 1811, Yol. III. 436 ; 1812, lb. 439, 441, 443 ; 1813, 76. 446 ; 1814,76. 451,'2,'3; 1815, 76. 457; 1816; 76. 458; 1830, Pam. 153; 1836, Pam. 163 ; 1837, Pam. 169, 171.] PEDDLERS. Sec. 1. License, Oath. " 2. Books, Maps, &c. " 3. Description in License. " 4. Proceeding for violation. " 5. Disposition of Fines. ■" 6. Corporations, Powers over. " 7. Revenue, Poor School Fund. Sec. 8. Domestic Manufactures, &c. " 9. Mode of obtaining License. '• 10. Penalties and Liabilities. " 11. Violations, Misdemeanor. " 12- Savannah excepted. •' 13. Pauper Applicants. An Act to alter and amend an Act, entitled " an Act to impose an additional Tax on Peddlers, §*c., passed Dec. 10, 1817.—Approv¬ ed Dec. 9, 1819. Vol. III. 537. 1. Sec. I. From and after the passing of this Act, it shall be the duty of every peddler or itinerant trader, who shall wish to vend any Peddiew i i t , • i i ,-ni -i C shall take goods, wares, or merchandize, in this State, to apply to the Clerk of out license the Inferior Court of each County in which he may be disposed to m edCh 0a' vend goods, wares, or merchandize, and procure a license under the seal of the County Court,* with an annexed copy of the oath, which ♦ See more fully, Act of 1845, sec. 9. 77i PEDDLERS.—1819-2&. Oath—Production of license—Books, maps, &c. And take shall be administered to him by the Clerk of the Inferior Court, as atioa follows: " That I, A B, now applying for license to vend goods, wares, or merchandize, in the County (inserted iti such license.) do solemnly swear or affirm, (as the case may be,) that I will use this license in 110 other County than the one for whicli it is granted, nor transfer or suffer any other person or persons, in mine or their name or names to use the same, so help me God." And that the Clerk shall record such oath and license in a book to be kept by him for a license f«r that purpose ;* ******* Provided, Mrr'&c50"' nevertheless, that there shall be one license for every wagon, cart, or shai'i beiey ot^er vehicle, employed or used in vending such goods, wares, or bound to merchandize, which they shall be bound to show to any Sheriff, pubTdf"1 deputy Sheriff, Constable, Justice of the Peace, and to any civil or $i>eoo* military officer whatever, when demanding an exhibit ol the same, and on failure or refusal thereof, shall forfeit and pay the sum of, $1,200, one-half to the informant, the other half to be paid over to the Clerk of the Inferior Court, and applied to County purposes,— oerk'sac- And that in all cases where the said peddlers shall take out such fwmoneys? license, and pay over to the Clerk the amount of taxes, and the Clerk shall neglect to pay over to the Treasurer, agreieably to the provisions of this Act, he shall be subject to indictment, and if found guilty, shall be fined in a sum not less than double the amount received by him. Sec. II. [Directing the peddler's person to be described in the license; and Sec. III. detailing the proceedings against offenders, re-enacted in 1824. See sec. 5 and 6.] Sec. IV. [Directs collection of fines—secures the powers of cor¬ porations—exempts State manufactures—all re-enacted in Sees. 7 and 8.] An Act to authorize all free citizens of the United States to carry Books, Maps, Charts, and Mathematical Instruments from place to place, for the purpose of sale.—Approved Nov. 25, 1822. Vol. IV. 309. 2. Whereas, one of the best means of securing the permanence of our institutions, and promoting the virtue and happiness of the people, is the dissemination of useful knowledge ; and whereas, the most certain method of effecting this dissemination is the carrying of books from place to place, for sale among us : Book*,maps, Be it therefore enacted, That from and after the first day of Janu- ^w'w^homary next, it shall be lawful for all free citizens of the United States Mccnsoor to carry from place to place, and to sell in this State, such number of books, maps, charts, and mathematical instruments as they may think proper, without procuring license for so doing, or being subject to taxation or interruption therefor :f Provided, that this Act shall in nowise contravene the provisions heretofore or hereafter enacted in ♦Part omitted superseded. fSee further as to privileged articles ; sec. 8. PEDDLERS.—1819. Description of Peddlers—Violations—Pines. relation to itinerant traders in, or venders of other goods, wares, and merchandize. An Act to niter and amend an Act entitled an Act to impose an addi¬ tional tax on peddlers, and other itinerant, traders, passed the 9th day of December, 1819.—Approved Dec. 9, 1824. Vol. IV. 320. Sec. I. [Requiring license from Comptroller General; repealed by Act of 1845 ; sec. 9.] 34. Sec. II. It shall be the duty of the Comptroller General, is-LjCPIWtfl suing licenses as aforesaid, to pescribe as nearly as he can, in every &c license that he may issue, the age, size, complexion, &c. of the person to wh<$m such 1 icense is granted. 4. Sec. III. On oath being made before any judicial officer of this proreo(lin?s State, Justice of the Inferior Court, or Justice of the Peace, that a violation of this law has been committed, it shall be his duty to issue ing'um iuw. a warrant from under his liand, directed to any Sheriff, deputy Sher¬ iff, Constable, or Marshal of any Town or City, commanding them, or each of them, to arrest the offender or offenders, seize, bring him or them and the goods, wares, or merchandize which they may have in their immediate possession before any Judge of the Superior Court, in term time, or before any of the Justices of Inferior Court, or Justices of the Peace; and if, on trial before any of them, it shall appear from the evidence that the charge or charges are malicious or unfounded, he, she, or they shall be discharged without cost; otherwise, he, she, or they shall be bound with one or more sufficient securities in the sum of $500, in a joint and several bond, for his, her, or their ap¬ pearance at the next Superior Court to be held in the County where such offence shall have been committed, and on failing to give such security as the Court shall deem good and sufficient, shall be com¬ mitted to jail; at which Court the Attorney or Solicitor General shall prefer a bill of indictment against the party so offending, who shall, if convicted, be fined by the Court in the sum of not less than $200, nor more than $300,^ for each and every violation of this law, and the party so offending shall stand committed until such fine or fines be paid.f 5. Sec. IV. The fine or fines which may be incurred for each fine? ineur- and every violation of this law shall be collected as all other fines or trhn""tei!iow penalties; and when so collected shall form a fund in the hands of:wr°Pria*- the Clerks of the Inferior Court of the several Counties in this State ; and be appropriated at the discretion of the Inferior Court, to the support and maintenance of the poor of the County where such offence is actually committed.."): 6. Sec. Y. This Act shall not prevent the corporation of any T)iiqact Town or Village from exacting from such peddler, or other itinerant to interfere trader, a sum not exceeding $15 for every day for which he, she, or Ttionpovv-' they are found offering their goods, wares, or merchandize for saleeri therein: Provided, that nothing herein contained shall be so con-Proviso ♦ Rftn qo/* 7. tSee sec. 11. fSee sees. 7 and 9. 776 PEDDLERS .—1831-' 4 5. Books, Sec.—Domestic manufactures—Application—License. strued as to compel any person to obtain a license for trading on the manufactures of this State. The revenue 7. Sec. VI. The revenue arising under this Act shall be added £nia"othee'"to, and become apart of the poor school fund. Poor School .< Fund._ An Act to alter and amend an Act to impose an additional Tax on Peddlers and other Itinerant Traders, passed 9th. December, 1824, and to punish such traders for illegal trading with slaves.—Ap¬ proved Dec. 22d, 1831. Pam. 229. [Superseded by Act of 1845 ; sec. 9.] Tax Act of 1832. Pam. 182. books, g. Sec. IV. Nothing contained in the first and second sections maps, and n 0 charts ex- of an Act, assented to on the22d December, 1831, entitled an Act to cmpted. a}ter an(j amend an Act to impose an additional tax on peddlers, and other itinerant traders, passed 9th December, 1S24, and to punish such traders for illegal trading with slaves, shall be so. construed as to pre¬ vent or prohibit any individual from selling without license, anyar- Domestic tide which may be actually manufactured within this State ; or any turk books, maps, or charts, which may be made either in this State or elsewhere. An Act to authorize all free white citizens of this State, of one year's residence or longer, to peddle, and as itinerant traders to vend goods, wares, and merchandize in this State, and to repeal the parts of the law heretofore passed regulating the tax imposed on peddlers and itinerant traders so far as respects the amount required to be ' paid to obtain a license.—Assented to Dec. 23, 1839. Pam. 186. ^Superseded by Act of 1845.J Ail Act to alter and amend the several Acts in relation to Itinerant Tra¬ ders, and to prescribe the mode of their obta ining license.—Approved Nov. 27th, 1845. Pam. 36. application 9- Sec. I. Be it enacted, That from and after the passing of this £r,li-nn. Act, when any person shall wish to traffic in and vend wares, goods, ferior court, and merchandize, as an itinerant trader, Jhe shall apply to the Clerk of the Inferior Court in which such person may thus wish to trade and traffic, for a license. And said Clerk shall issue said license granting permission to such applicant to trade and traffic as an itine¬ rant trader within the limits of the County where such application is made, for and during one year from the issuing of said license. Provided, That such Clerk shall immediately notify the Justices of the Inferior Court, and the said Justices or a majority of them shall, PEDDLERS.—1845-'50. 777 Tax—Oath—Li ability—Poor applicants. and they are hereby authorized and empowered to impose such tax as justices inf. in their judgment may seem most advisable. Provided, also ,* that u.TtaVnot* said tax shall not be less than fifty dollars for said license, to be used1'lble- proper sense of moral obligation, or be possessed of sufficient capa¬ city deliberately to have committed the offence, shall not be consider¬ ed or found guilty of any crime or misdemeanor. 6. Sec. Y. A lunatic or person insane,1 without lucid intervals, lunate, shall not be found guilty of any crime or misdemeanor with which he or she may be charged : Provided, the act so charged as criminal, was committed in the condftion of such lunacy or insanity; but if a lunatic hath lucid intervals of understanding, he shall answer for what he does in those intervals, as if he had no deficiency. 7. Sec. VI. An idiot shall not be found guilty or punished for idiots, any crime or misdemeanor with which he or she may be charged. 8. Sec. YII. Any person counselling, advising, or encouraging Their coun- an infant under the age of ten years, a lunatic or an idiot, to com- i nstigatur mit an offence, shall be prosecuted for such offence when committed, [luheirstead as principal ; and if found guilty, shall suffer the same punishment as would have been inflicted on said infant, lunatic or idiot, if he or she had possessed discretion and been found guilty. 9. Sec. YIIL A feme covert, or married woman, acting under married wo- the threats, command or coercion of her husband, shall not he found 'mY guilty of any crime or misdemeanor, not punishable by death or Puniilhable- perpetual imprisonment ; and with this exception, the husband shall n,Ittheir be prosecuted as principal, and if convicted, shall receive the pun- A . * tlieir dtecuL ishment which otherwise would have been inflicted on the wife, if she had been found guilty: Provided, it appears from all the facts and circumstances of the case, that violent threats, command and coercion were used. 10. Sec. IX. Drunkenness shall not be an excuse for any crime voluntary or misdemeanor, unless such drunkenness was occasioned by the fraud, artifice, or contrivance of other person or persons, for the pur- pose of having a crime perpetrated, and then the person or persons so causing said drunkenness for such malignant purpose, shall be considered a principal, and suffer the same punishment as would have been inflicted on the person or persons committing the offence, if he, she, or they had been possessed of sound reason and discretion. 11. Sec. X. A person shall 1 ot be found guilty of any crime misfortune or misdemeanor, committed by misfortune or accident, and whereor accident- it satisfactorily appears there was no evil design or intention, or cul¬ pable neglect. (1.) Rule to test insanity, 3 Kelly, 310. 780 PENAL LAWS.—The Code—1st Div.—1833-'50. Slaves—Felony. Slaves under . 12. Sec. XI. A slave committing a crime or misdemeanor, which, punishable. if committed by a free white person would not be punishable by this Act with death, by the threats, command, or coercion of his or her owner, or any person exercising or assuming authority over such But the per- slave, shall not be found guilty ; and it appearing from all the facts thempuni'iii5 and circumstances of the case, that the offence was committed by stead*.11 theirthe threats, command, and coercion of the owner, or the person ex¬ ercising or assuming authority over such slave, the said owner or other person exercising or assfuning authority over such slave, shall be prosecuted for the said crime or misdemeanor; and if found guil¬ ty, shall suffer the same punishment as he or she would have incur¬ red, if he or she had actually committed the offence with which the slave is charged.* Persons act- 13. Sec. XII. A person committing a crime or misdemeanor f"lrn"tpun-under threats or menaces, which sufficiently show that his or her the'peison"1 or member was in danger, or that he or she had reasonable cause fear*'"8 i,hsh t0 ^e^eve5 ar,d did actually believe, that his or her life or member able i« their was in danger, shall not be found guilty ; and such threats and me- ca " naces being proved and established, the person or persons compell¬ ing by said threats and menaces the commission of the offence, shall be considered a principal or principals, and suffer the same punish¬ ment as if he, she, or they had perpetrated the offence. Meaning of 14. Sec. XIII. The term "felony" when used in this Act, shall "felony!" be construed to mean an offence, for which the offender, on convic¬ tion, shall be liable by law to be punished by death or imprisonment in the penitentiary, and not otherwise. An Act to define, and affix the punishment of a crime or misdemeanor committed, by a, slave, by the counsel, persuasion or procurement, or oth¬ er means, of free white persons.—Assented to 29th December, 1838. Pam. 91. Persons per- 15. Sec. I. Be it. enacted, That if a slave shall commit a crime procuring' or misdemeanor, by the counsel, persuasion or procurement, or other commit0 means, of a free white-person, and it appearing that the offence was crime.-, pun- committed by the counsel, persuasion or procurement, or other means, instead. of a free white person or persons, he, she, or they, shall be prosecut¬ ed for the offence, and if found guilty, shall incur the same punish¬ ment as if he, she or they had actually committed the crime or mis¬ demeanor with which the clave is charged : Provided, that this Act shall not be construed to extend to any crime or offence, which, if committed by a slave, would under existing laws of the State, -sub¬ ject him or her to the punishment of death. An Act to amend an Act passed Dec. 29, 1838, to define and affix the punishment of a, crime or misdemeanor committed by a slave by the counsel, persuasion or procurement or other means, of free white persons. Approved Feb. 22, 1850. Pam. 374, ♦See Act of 1838, sec. 15. PENAL LAWS.—The Code—3d Dir.—1833. 781 Principals and accessories. 16. Sec. I. Be it enacted, That if any free white person or persons Attempting shall attempt to procure a slave or slaves to commit a crime or misde-t0 procure- meanor by counsel, persuasion, bribery, or force, or other means, such free white person or persons shall be prosecuted for such attempt, and if found guilty, shall incur the same punishment as if such free Penalty, white person or persons had attempted to-commit the said crime or misdemeanor which he, she or they attempted to procure the said slave or slaves to commit. Sec. II. All laws or parts of laws militating against this Act, be and the same are hereby repealed. SECOND DIVISION. PRINCIPALS AND ACCESSORIES IN CRIME. Sec. 17. Principals, 1st and 2d degree. *' 18. Accessory. " 19-. before the fact. " 20. After the fact. Sec. 21. Punishment, principal, and acces¬ sory, before the fact. " 22. Of accessory after the fact. 17. Sec. I. A person may be principal in an offence, in two de- prinHpaim grees—A principal in the first degree, is he or she that is the actor, principaHu or absolute perpetrator of the crime—A principal in the second de- ^™"d de_ gree, is he or she .who is present, aiding and abetting the fact to be B done; which presence need not always be an actual immediate standing by,within sight or hearing of the fact; but there may be also a constructive presence, as when one commits a robbery, mur¬ der, or other crime, and another keeps watch or guard at some con¬ venient distance. 18. Sec. II. An accessory is one who is not the chief actor in Accessory, the offence, nor present at its performance, but is some way concern¬ ed therein, either before or after the fact committed. 19. Sec. III. An accessory before the fact,. is one who being Accessory absent at the time of the crime committed, doth yet procure, coun- {^u° * sel or command another to commit a crime. 20. Sec. IV. An accessory after the fact, is a person who after Accessary full knowledge that a crime has been committed, conceals it from the a,tcl the Magistrate, and harbors, assists or protects the person charged with or convicted of the crime. 21. Sec. V. A principal in the second degree, and an accessory runahmcnt before the fact, except where it is otherwise provided for in this Code, iuaVdesm-, shall receive the same punishment as is directed to be inflicted on and of'j"*™- I sunns before the principal in the first degree, or perpetrator of the crime. tiie fact. 22. Sec. VI. Accessories after the fact, except where it is other- Punishment wise ordered in this Code, shall be punished by fine, or imprison- mont in the common jail of the County, or both, at the discretion oflact- the Court-. 782 PENAL LAWS.—The Code—3J Dlv.—1833. Treason—Insurrection. THIRD DIVISION. CRIMES AGAINST THE STATE AND PEOPLE. See. 23. Treason and Insurrection. " 24. Treason, first degree, Death. " 2d. Second degree, penitentiary 4 y'rs. 26. Insurrection, Death. 27. Incendiary papers, Death. Treason. 23. Sec. I. Crimes against the State and the people shall con¬ sist in treason in the first degree, and second degiee ; exciting, or , insurrection, attempting to excite an insurrection or revolt of slaves. troason in 24. Sec. II. Treason in the first degree, shall consist in levying u»e flrat dcg. wgu, agaa]St {|ie State the same, or being adherent to the enemies of the State within the same giving to them aid and comfort in this State orelse- where, and thereof being legally convicted of open deed, by two of' more witnesses, or other competent and credible testimony, or volun¬ tary confession : these cases shall be adjudged treason against the State and people ; and when the overt act of treason shall be com¬ mitted without the limits of this State, the person clnrged therewith may be arrested and tried in any County of this State, within the limits of which he may be found, and being thereof convicted,, shall he puuished in like manner as if the said treason had been committed Punishment, and done within the limits of said County—Treason in the first de- d«^th. gree sjla][ pe punished with death. treason in 25. Sec. III. Treason in the second degree, shall consist in the the 2d dcff. ^ ' penitentiary knowledge and concealment of treason, without otherwise assenting to, or participating in the same. The punishment of treason in the second degree, shall be confinement and hard labor in the penitentia¬ ry for the term of four years. 26. Sec. IV". Exciting an insurrection or revolt of slaves, or any attempt by writing, speaking, or otherwise, to excite an insurrection or revolt of slaves, shall be punished with death. 27. Sec. V. If any person shall bring, introduce or circulate, or cause to be brought, introduced, or circulated, or aid, or assist, or be in any manner instrumental in bringing, introducing or circulating within this State, any printed or written paper, pamphlet, or cir¬ cular. for the purpose of exciting insurrection, revolt, conspiracy or resistance, on the part of the slaves, negroes, or free persons of color in this State, against the citizens of this State or any part of them; such person so offending shall he guilty of a high misdemeanor, and on conviction shall he punished with death.* £%>ur years. In.s'rreetion dreutarin; iu.surrccii.- cry paper-- ic. de..Ui. *Kee also Act of 1841, sec. 2SS. prohibiting the rale of all Books, Stationery, &c., to slaves. Sec also "Slaves, Patrols," X-c„ tee. 114. PENAL LAWS.—The Code—4'A Div.~1833. 783 M urder—Manslaughter. FOURTH DIVISION. CRIMES AND OFFENCES AGAINST THE PERSONS OF CITIZENS OR IN¬ DIVIDUALS. See. 28. Homicide. " 29. Murder. "• 80. Express malice. " 31. Implied malice. " 32. Punishment—death, " 33. Manslaughter. 34.. Voluntary. M '35. Punishment pen'tiary, 2 to 4 years. 30. Involuntary. " 37. Punishment pen'tiary. 1 to 3 years. " 38,. Or tine and imprisonment. " 89. Justitiable homicide. * *' 40. Reasonable fear. ' 41. Invasion of house or property, " 42. Self-defence. ■" 43. Other cases. " 44. No punishment. " 45. Revolting slaves. ♦' 46. Killing a slave. " 47- Advisers to infanticide. ♦' 48. Concealment of dead child. " * 49. Fine and imprisonment, v -50. Mayhem. " 51. Specification. " o2. Tongue, penitentiary 5 to 15 years. " 53. An eye, penitentiary 2 to o years. 28. Sec. I. Homicide is the killing of a human being of any Homicide, age or sex, and is of three kinds : murder, manslaughter, and justifi¬ able homicide. 29. Sec. II. Murder is the unlawful killing of a human being* murder, in t!ie peace of the State, by a person of sound memory and discre¬ tion, with malice aforethought, either express or implied.f 90. Sec. ILL Express malice i» that deliberate intention, unlaw-Ex|)Wi8 fully to take away the life of a fellow-creature. which is manifested by external circumstances capable of proof. 31. Sec. IV. Malice shall be implied, where no considerable in»pmod n , n , • twiilico. provocation appears, and where all the circumstances oi the killing show an abandoned and malignant heart. 32. Sec. V. Tire punishment of murder shall be death. murder, 33. Sec. VI. Manslaughter is the unlawful killing of a human .vuud'giitet. creature, without malice, either express or implied, and without any mixture of deliberation whatever; which may he voluntary, upon a sudden heat of passion, or involuntary in the commission of an unlawful act, or a lawful act without dhe caution and circumspection. 31. Sac. VII. lu all cases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by the person killed to commit a serious personal injury on the person kill- * Slave or free, see " Slaves, Patrols," Ac . sec. 45. fSce sec. 376 as to death produced by interference with P„uil Reads, -cc. oo. buttleg nose. " 56. Cutting off nose, ear or lip. " 57. Castration, death. " 58. Wounding private parts. " 59. Other Mayhems. " 60. Rape. " 61. Penitentiary 2 to 20 years. " 62. Assault with intent. " 63. Sodomy. " 64. Penitentiary for life. " 65. Bestiality. '• 66 Penitentiary for life. " 07. Attempt, 2 to 4 years. " 68. Assault. " 69. Fine or imprisonment. " 70. With intent to. rob. " 71. Penitentiary 2 to 4 years. " 72. Intent to injure clothes. •' 73. Battery, fine, &c. " 74. False imprisonment. " 75. Without process. ■' 76. Under color of process. " 77 Kidnapping. " 78. Inveigling children. " 79. Assault with intent to murder. " 80. Stabbing. 784 PENAL LAWS .—The Code—4th Div.— 1833. Involuntary manslaughter—Justifiable homicide. ing. Provocation by words, threats, menaces, or contemptuous jestures shall in no case be sufficient to free the person killing from the guilt and crime of murder. The killing must be the result of that sudden, violent impulse of passion, supposed to be irresistible : for if there should appear to have been an interval between the assault or provo¬ cation given, and the homicide, sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge, and be punished as murder. punishment, 35. Sec. VIII. Voluntary manslaughter shall be punished by two to four confinement and labor in the penitentiary, for a term not less than >ears. two yearSj nor longer than four years. What shall 36. Sec. IX. Involuntary manslaughter shall consist in the kill- toym'r ing of a human being without any intention to do so ; but in the slaughter, commission of an unlawful act, or a lawful act, which probably might produce such a consequence, in an unlawful maimer : Provi¬ ded always, that where such involuntary killing shall happen in the commission of an unlawful act, which in its consequences naturally tends to destroy the life of a human being, or is committed in the prosecution of a riotous intent, or of a crime punishable by death or confinement in the penitentiary, the offence shall be deemed and adjudged to be murder. punishmotit. 37. Sec. X. Involuntaay manslaughter, in the commission of !uu''to"i'ree an unlawful act, shall be punished by confinement and labor in the year*. penitentiary for a term not less than one year, nor longer than three years. or by line 38. Sec. XI. Involuntary manslaughter, in the commission or. ©anient'."3" performance of a lawful act, where there has not been observed ne¬ cessary discretion and caution, shall be punished by fine or imprison¬ ment in the common jail of the County, or both, at the discretion of the Court. whit shall 39. Sec. XII. There being no rational distinction between ex- biViiomldiie ctisable and justifiable homicide, it shall no longer exist. Justifiable homicide is the killing of a human being, by commandment of the law, in execution of public justice ; by permission of the law, in ad¬ vancement of public justice : in self-defence, or in defence of habi¬ tation, property or person, against one who manifestly intends or en¬ deavors by violence or surprise to commit a felony on either; or against any persons who manifestly intend and endeavor in a riotous and tumultuous manner to enter the habitation of another, for the purpose of assaulting or offering personal violence to any person, dwelling or being therein.1 rear to tia 40. Sec. XIII. A bare fear of any of those offences, to prevent which the homicide is alleged to have been committed, shall not be ■uuahie. sufficient to justify the killing; it must appear that the circumstances were sufficient to excite the tears of a reasonable man," and that the party killing really acted under the influence of those fears, and not in the spirit of revenge. [1.] There must be more than one person. 2 Kelly, 173. [2.] Evidence of threats, brought home to the knowledge of the accused, shortly be¬ fore the commission of the offence, adml-Htblo. j da. 4$, 30. PENAL LAWS.—The Code—Mi Div.—1833. * 785 Self-Defence—Killing slave—Infanticide. '41. S ec. XIV. If after persuasion, remonstrance, or other gentle it must ap measures used,-a forcible attack and invasion on the property or habi- iin^ indo"' tat ion of another, cannot be prevented, it shall be justifiable homi- p^eny w;u cide to kill the person so forcibly attacking and invading on the pro- necessary, perty or habitation of another ; but it must appear that such killing was absolutely necessary to prevent such attack and invasion, and that a serious injury was intended, or might accrue to the person, property or family of the person killing. 42/S ec. XV. If a person kill another in his defence, it must self defence, appear that the danger was so urgent and pressing, at the time of the mustl^ur killing, that in order to save his own life, the killing of the other wasgei1" absolutely necessary; and it must appear also, that the person killed was the assailant, or that the slayer had really and in good faith en¬ deavored to decline any further struggle before the mortal blow was given. 43. Sec. XVI. All other instances which stand upon the same soofaiioth- footing of reason and justice as those enumerated, shall be justifiable er i!isc-nce- homicide. 44. Sec. XVII. The homicide appearing to be justifiable, the justifiable person, indicted, shall, upon the trial, be fully acquitted and discharg- p/is/d."1'1 ed. 45. S ec. XVIII. Killing a slave in the act of revolt, or when knim;* re- the said slave forcibly resists a legal arrest, shall be justifiable homi- slaves justi- cide. 46. Sec. XIX. In all cases, the killing or maiming of a slave or otherwise person of color, or Indian in amity with the United States, shall be awwte'y^ put upon the same footing of criminality, as the killing or maimingson* of a white person.* 47. Sec: XX. If any person shall counsel, advise, or direct a woman to kill the child she is pregnant, or goes 'with, and after she is delivered of such child, she kill it, every such person so advising or directing, shall be deemed an accessory before the fact to such mur¬ der, and shall have the same punishment as the principal. 48. Sec. XXI. The constrained presumption arising from the concealment of the death of any child, that the child whose death is concealed, was therefore murdered by the mother, shall not be std-UUfi'U'' » ' <177 CB l/I ficieut or conclusive evidence to convict the person indicted of the murder of her child, unless probable proof be given that the child was born alive, nor unless the circumstances attending it shall be such as shall satisfy the minds of the Jury, that the mother did wil¬ fully and maliciously destroy and take away the life of such ehild. 49. Sec. XXII. If any woman shall conceal, or attempt to con- concealing ceal the death of any issue of her body, male or female, which, if fine and h-. it were born alive, would by law be a bastard, so that it may not Prison!aent* come to light whether it was murdered or not, every such mother being convicted thereof, shall be punished by fine or imprisonment in the common jail of the Comity, or both, at the discretion of the Court. *Soe further, as to this subject, I; (lictmcrt, Evlder.ee, ?:e, " Slaves, Patrols,'- &c.— Sc.: 1>. See alio, Appendix, " Co...dilution 01 thorpa, "Article 4, see. 11. «)9 786 PENAL LAWS.—The Cope—ith Dh.—l 833. Mayhem—of tongue—eyes—other M ayhems. Mayhem. 50. Sec. XXIII. Mayhem shall consist in unlawfully depriving a pefson, free or slave, of a member, or disfiguring, or rendering it use¬ less. consists1 'l Sec. XXIV. If any person shall unlawfully cut out or dis¬ able the tongue, put out an eye, slit or bite the nose, ear or lip, Or cut or bite otf the nose, ear, or lip,1 or castrate, or cut, or bite off, or disable apy other limb or member of another, with an intention in sd doing to maim or disfigure such person, or shall voluntarily, ma¬ liciously, and of purpose, while fighting or otherwise, do aily of these acts, every such person shall be guilty of Mayhem. ■ cutting the 52. Sec. XX V. A person convicted of cutting out the tongue, pen yVor life with the intention, or voluntarily or'maliciously, as, expressed in the preceding section, shall be punished by confinement and labor in the Penitent id ry Peiliteibiary for life. A person convicted of disabling the tongue, five to tif- with the. intention,, or voluntarily or maliciously, as expressed in the 2 Jed ' preceding section, shall be punished by confinement and labor in the penitentiary, for a term not less than 5 years, nor more than 15 years. an"'"5 °l'e ^EC- XX VI. . A person convicted of putting out an eye, with nitenitiary, the intention, or voluntarily or maliciously, as before expressed, in yearl!,five fight or otherwise, shall be punished by confinement and labor in the penitentiary, for a term not less than two years, nor longer than five years. • th^oniyey" ^EC* -^-VII. A person convicted of putting out the eyes of Pyntontiary another, or the eye of another, having but one eye, w ith a similar in¬ tention, or voluntarily, or maliciously, while fighting or otherwise, shall be punished by confinement and labor in the penitentiary, for and during the term of his or her natural life, suttinj or bi- 55. Sec. XX VIII. A person convicted of slitting orbiting the nose, Penitentiary car or lip of another, with the intention, or voluntarily, or malicious- years or fine iy, as before expressed, while fighting' or otherwise, shall be punish- onmenT1* e(^ by confinement and labor in the penitentiary, for the term of not less than one year, nor more than three years, or by fine and-im¬ prisonment in the common jail of the County, at the discretion of the Court. cutting or 56. Sec. XXIX. A person convicted of cutting or biting off the ear nose, ear or lip of another, with the intention, or voluntarily or ma- tentlaVy°uvobcionsly, as before expressed, while fighting or otherwise, shall be to five yean. plinpsjlej py confinement and labor in the penitentiary, for a term-not, less than two years, nor more than. five. S«'on* o7. Sec. XXX. A person convicted of the crime of castrating another, with the intention, or voluntarily or maliciously, as before expressed, while fighting or otherwise, shall be punished with death. 58. Sec. XXXI. A person convicted of wilfully and malieicus- grea fieni ly injuring, wounding, or disfiguring the private parts of another, to'fiitcen"6 with the intention aforesaid, whilst fighting or otherwise, which in- Ioar~"* juriiig, wounding, or disfiguring, do not amount to castration, shall be punished by confinement and labor in the penitentiary, for a term not less than five years, nor longer than fifteen years. May* 59. Sec. XXXII. A person convicted of cutting or biting off, or disabling any limb or member of another, not hereinbefore desig¬ nated, with the intention, or voluntarily or maliciously, as before ex- PENAL LAWS.—The Code—M Div.—1833. 787 Rape—Sodomy*—Bestiality—Assault with intent to rob, &c. pressed, Vdiile fighting pr otherwise, shall be punished hy confine- 1 ment and labor in the penitentiary, for a term not less than one year, nor longer than five years; or in slight and trivial cases, by- fine" and imprisonment in the common jail of the. County, at the discretion of the Court. i 60. Sec. XXXIII. Rape is the carnal knowledge of a female, Rape. ■ forcibly and against her will. 61. Sec. XXXIV. Rape shall be punished by.an imprisonipent penitentiary at labor an the penitentiary, for a term not less than two years, nor ly ye\°r!Ten~ longer than twenty.years. , 62. Sec. XXXV. An assault with intent to commit a rape, shall be Assault with punished by an imprisonment at labor in the penitentiary, for a term rape, not less than one year, nor longer than five years.i 63. Sec. XXXVI. Sodomy is the carnal knowledge and connec-Sodomy, tion against the order of nature by man with man, or in the same unnatural manner with woman. 64. Sec. XXXVII. The punishment of sodomy shall be im-Pc^pndary prisonment at labor in the penitentiary for and during the natural life of the person convicted of this detestable crime. 65. Sec. XXXVIII. Bestiality is the carnal knowledge and con-bestiaiity- nection against the order of nature by man or woman in any man¬ ner with a beast. 66. Sec. XXXIX. The punishment of bestiality, .shall be im- penitentiary prisonment at labor.in the penitentiary for and during the natural life for life* of the person convicted of thffc detestable crime. 67. Sec. XL. An attempt to commit sodomy or bestiality, shall attempt, be punished by imprisonment and labor in the penitentiary for a term y^rs? ° not. less than two years nor more than four years. ' 68,- Sec. XLI. An .assault is an attempt to commit a violent in-assault jury on the person of another. 69. Sec. XLII. A bare assault shall be punished by fine or im- punishment, prisoument in the common jail of the county, at the discretion of the Court. Sec. XLIII. [Repealed and another substituted, by Act of 1840, sec. 79.] 70. Sec. XLIV. An assault with intent to rob, is where any per-Assault with son or persons shall with any offensive or dangerous weapon or in- "ltent t0 rob* strument, unlawfully and maliciously assault another, or shall by menaces, or in and by any forcible or violent manner, demand any money, goods or chattels of or from any other person or persons, with intent to rob or commit robbery upon such person or persons. 71. Sec. XLV. A person convicted of an assault with intent to rob, shall be punished by confinement and labor in the Penitentiary, years, for a term not less than two years, nor more than four years. 72. Sec. XLVI. An assault with an intent to spoil or injure /Waitto clothes, or garments, is where any person or persons shall at any time clothes, wilfully and maliciously assault any person or persons, with an in¬ tent to tear, spoil, cut, bum, or deface, and shall tear, spoil, cut, burn [1.] Xoednotbe charged a?, n'mirlcvnean ,1 in the words of the Code. 788 PENAL LAWS.—The Code—4th Div.—1833-'40. Battery—False imprisonment—Kidnapping. or deface the garments or clothes of such person or persons ; and every such offender being thereof convicted, shall be punished by a Fine and im-fine not exceeding $200, and imprisonment in the common jail of pnsonment. County for a term not less than three months, nor more than one year- Battery. 73. Sec. XLVII. Battery is the unlawful heating of another, and shall be punished by fine or imprisonment in the common jail of the County, or both, at the discretion of the Court, raise im- 74. Sec. XLVIII. False imprisonment is a violation of the per- pnsonment. gona^ 0f a free white person, or citizen, and consists in con¬ finement or detention of such person, without sufficient legal au¬ thority. false imp. 75. Sec. XLIX. Any person who shall arrest, confine or detain m ' ' a free white person or citizen, without process, warrant, or legal authority to justify it, shall be punished by fine and imprisonment in the common jail of the County, or either, at the discretion of the Court. when under 76. Sec. L. The arrest, confinement, or detention of a free process. white person or citizen, by the warrant, mandate, or process of a Magistrate, being manifestly illegal, and showing malice and oppres¬ sion, the said Magistrate shall be removed from office, and such Magistrate, and all and every person and persons knowingly and maliciously concerned therein, shall be punished by fine and im¬ prisonment in the common jail of the County, or imprisonment and labor in the penitentiary for any time ^iot less than- one nor more than two years, ,at the discretion of the Court. kidnapping. 77. Sec. LI. Kidnapping is the forcible abduction or stealing yews. away of any free white person, or free person of color, without lawful authority, or warrant from this State, or any County thereof, and sending or conveying such person beyond the limits of said State or County, against his or her will. Each and every person who shall be guilty of this crime, and be thereof lawfully convicted, shall be punished by imprisonment and labor in the penitentiary, for any time not less than four years, nor longer than seven years. fnvei?iinR 78. Sec. LII. If any person shall forcibly, maliciously, or drsu.8 " fraudulently, lead, take, or carry away, or decoy or entice away, jearl410 7 out of the limits of this State, or any County thereof, any free white child under the age of twelve years, from its parent or guardian, or against his, her, or their will or wills, and without his, her, or their consent or consents, such person so offending shall be indicted for kidnapping, and on conviction shall be punished by imprisonment and labor in the penitentiary for any time not less than four, nor more than seven years. Sec. LIII. [Repealed and another substituted by Act of 1847, sec. 80.] An Act to alter and amend the 43 d section of the 4th division of the Penal Code.—Assented to Dec. 22, 1840. Pam. 140. 79. Sec. I. Be it enacted, That from and after the passage of PENAL LAWS.—The Code—5ih Div.—1833. 789 Assault with intent to murder—Stabbing—Arson. this Act, the forty-third section- of the fourth division of the Penal Assault with Code, shall be in the words following, to-wit: An assault with in- m,u-de(,°2 to tent to murder by using any weapon likely to produce death, shall 10years- be punished by imprisonment and labor in the penitentiary, for a term'' not less than two years nor longer than ten years. An Act to alter and amend the fifty-third section of the fourth divis¬ ion of the Penal Code.—Approved Dec. 22, 1847. Pam. 199. 80. Sec. I. Be it enacted, That from and after the passage of stabbing. ■ this Act, the fifty-third section of the fourth division of the Penal Code of this State, shall be as follows, to wit: Any person who shall be guilty of the act of stabbing another, except in his own defence, with a sword, dirk knife, or other instrument of like kind, shall, on conviction thereof, be punished by a fine not exceeding one thous-Pipe and and dollars, or imprisonment in the common jail of the County where !S™ni said offence may be committed, not to exceed six months, or fine and year Pen'y; imprisonment both, in the discretion of the Court; or confinement and labor in the penitentiary, not less than one year or more, than two years: Provided, always, that if such stabbing shall produce death, the offender shall be guilty of murder or manslaughter, according to the facts and circumstances of the case ; or if said stabbing shall not Aggravated produce death, and the. facts and circumstances show that it was the SbdU ' intention of the person stabbing to commit the crime of murder, then and in such case the offender shall be guilty, of the offence of an assault with intent to commit murder. FIFTH DIVISION. CRIMES OR OFFENCES AGAINST THE HABITATIONS OF PERSONS. See. 82. Arson. s " 83. In a Town. " 8-1. Elsewhere. " 85. Attempt. " 83. Out house, not in ToAvn. " 87. Setting fire to. " 88. Burning; Avhatis. Sec. 89. Setting, fire ; what is. ears- cancel, burn, or otherwise destroy said paper, document, deed, will, or other writing, with the intention aforesaid, such person shall be guilty of simple larceny, and be punished by imprisonment and la¬ bor in the penitentiary for any time not less than one year, nor long¬ er than three years. 111. Sec. XYII. If any person shall take and carry away any Larceny of bond, note, bank bill, or due bill, or paper or papers securing the &c"pe»"y ies payment of money or other valuable thing; or any receipt, acquit-t0 4 >eiu:& tance, or paper or papers operating as a discharge for the payment of . money or other thing, belonging to another, with intent to steal the same, such person shall be guilty of simple larceny, and be punished by imprisonment and labor in the penitentiary for any time not less than one year, nor longer than four years. 112. Sec. XVIII. Theft or larceny may be committed of any of fixtures, thing or things, which in the language of the law, savors of the re¬ alty, or of ,any fixture or fixtures; and the punishment shall be fine or imprisonment in the common jail of the County, or both, at the discretion of the Court. 113. Sec. XIX. Plundering or stealing any article of value from ariumiering vessel in distress, or from a wreck, or any other vessel, boat or water jvon^wrr-ck- craft within the jurisdictional limits of this State, is simple larceny, ^ ordistres- -iii- • I,. ' . , 1 . / ' sed vessels. and shall be punished by imprisonment and labor m the penitentia¬ ry for any time not less than one year, nor longer than five years. 114. Sec. XX. The stealing of a slave is simple larceny, and stealing a shall be punished by imprisonment and labor in the penitentiary for 4 ?oioP/ea'L any, time not less than four years, nor longer than ten years.* 115. Sec. XXI. Any person who shall, by any enticement, orcmnga by giving a pass, or by any other means, induce a slave to run away ^eloftalorii_ from his or her owner, with the intention to sell said slave, or other-pen'y wise to appropriate the said slave to his (the offender's) own use, or the use of any other person, and. thereby to deprive the owner of the use and services of said slave, shall be guilty of simple larceny, and on conviction, shall be punished by imprisonment and labor in the penitentiary for any time not less than four years nor longer than ten years.f 116. Sec. XXII. All simple larcenies or thefts of the personal omer larce- goods of another, not mentioned, or particularly designated in this mca" Code, shall be punished by imprisonment in the common jail of the County for any time not longer than one year : Provided, the thing ii0w pUn- or things stolen do not exceed the value of twenty dollars; but iflshed- they do exceed in value the sum of twenty dollars, then the person convicted of such larceny, shall be punished by confinement and la¬ bor in the penitentiary for any time not less than one year, nor longer than five years. ♦See sec. 272, as to carrying off, without intent to steal. fSce sec. 279. 100 791 PENAL LAWS—The Cooe— Qtk Div.—1S33. Larceny from the person—from the house- THEFT OR LARCENY FROM TIIE PERSON, Larceny 117" $ ec. XXIK. Theft or larceny from the person, as distin- from the per-guished from robbery before described, is the wrongful and fraudu- sen e ne . • ta.kirig of money, goods, chattels, or effects, or any article of value from the person of another, privately, without his knowledge, in any place whatever, with intent to steal the same. pen'y 2 to5 118. Sec. XXIV. A person convicted of this class of larceny, years. shall be punished by imprisonment and labor in the penitentiary for any time not less than two years, nor longer than five years; and if ph'"!i* intention into effect, shall be punished by imprisonment and labor in the penitentiary for any time not less than .two years, nor longer than four years. And any person breaking and entering any such Breaking en- house or building, and stealing therefrom any money, goods, chattels, stealing'3 to wares, or merchandize, or any other thing or article of value, shall5years- be punished by imprisonment and labor in the penitentiary for any time not less than three years, nor longer than five years. But if Butifvio- such breaking, entering and stealing, be accompanied by any vio-years?410 5 lence, menace, or threat, or by alarming and putting in fear any per¬ son in said house, then the imprisonment and labor shall not be less than four years. 125. Sec. XXXI. Any house, building or edifice belonging to ?'"Wicbuiid- the State, or a corporate body, or appropriated to public worship, edf mL u ~ or any other public purpose, shall be taken and considered as a house or building within which this class of larceny may be committed. 120. Sec. XXXII. Any person entering and stealing from any nut, tent, hut, tent, booth, or temporary building, shall be punished by impris-^ycaw.1 onment and labor in the penitentiary for any time not less than one year, nor longer than four years. • THEFT OR LARCENY AFTER A TRUST IIAS BEEN DELEGATED, OR A CONFIDENCE REPOSED. 127. Sec. XXXIII. Any officer, servant, or other person employ-Persons em- ed in any public department, station, or office of government of this pubifc omees State, or any County, Town, or City of this State, or in any bank 'or or other corporate body in this State, or any president, director, or embezzling stockholder of any bank or other corporate body in this State, who preperty, shall embezzle, steal, secrete, or fraudulently take and carry away years, 10 any money, gold or silver bullion, note or notes, bank bill or bills, bill or bills of exchange, warrant or warrants, bond or bonds, deed or deeds, draft or drafts, check or checks, security or securities for the payment of money or delivery of goods, or other things, lease, will, letter of attorney, or other sealed instrument; or any certificate or other public security of the State for the payment of money ; or any receipt, acquittance, release 01* discharge of any debt, suit, or other demand, or any transfer 01* assurance of money, stock, goods, chat¬ tels, or other property ; or any day-book or other book of accounts ; or any agreement or contract whatever ; such person so offending, shall on conviction, be punished by imprisonment and labor in the penitentiary for any time not less than two years, nor longer than seven years. 128. Sec. XXXIV. If any factor, commission merchant, ware any bailee house keeper, wharfinger, wagoner, stage driver, or other common convertienngtiy carrier on land or water, or any other bailee with whom any money, proSl?,0* bank bill or bills, note or notes, bill or bills of exchange, draft or drafts, 210 7 check or checks, bond or bonds, or other security or order for the 796 PENAL LAWS.—The Code—6iA Div—1833. By clerk or agent. payment of money, or other valuable thing ; or any cotton, corn, or other produce, goods, wares or merchandize, or any other thing or things of value are or may be entrusted, or deposited by any person, shall fraudulently convert the same, or any part thereof, or the pro¬ ceeds of any part thereof to his or her own use, or otherwise dispose of the same, or any part thereof, without the consent of the owner or bailor, and to his or her injury, and without paying to such own¬ er or bailor, on demand, the full value or market price thereof; or if, after a sale of any of the said articles with the consent of the owner or bailor, such person shall fraudulently, and without the consent of the said owner or bailor, convert the proceeds thereof, or any part of the said proceeds to his or her own use, and fail or refuse to pay the same over to such owner or bailor oil demand ; every such person so offending, shall on conviction, be punished by imprisonment and la¬ bor in the penitentiary for any time not less than two years, nor longer than seven years, cierks, ag'ts. 129. Sec. XXX V. If any person employed as a clerk, agent, or uientiy'tiik- servant, or in any other character or capacity in any store, warehouse, vertingdcon" counting-room,exchange office, shop, or other place of trade, traffic, trusted'to cl" exchange, where from the nature of the business or employment, them, pen'y it is necessary or usual to intrust to such person any goods, wares, o yeui.. merchandize, cotton, corn, or other produce, money, notes, bills of exchange, bank notes, checks, drafts, orders for payment of money -Qr other valuable thing, or any other thing or article of value, shall fraudulently take and carry away, or convert to his own use, or oth¬ erwise dispose of any of the said goods, wares or merchandize, cot¬ ton, corn, or other produce, money, notes, bills of exchange, bank notes, checks, drafts, orders or other thing or things of value thus in¬ trusted to him, or committed to his charge, to the injury, and without the consent of the owner thereof, or person thus intrusting him; such person so offending shall, on conviction, be punished by impris¬ onment and labor in the Penitentiary for any time not less than oiie year nor longer than five years. Any other 130. Sec. XXXVI. If any person who has "been intrusted by fending" °f~ another with any money, note or notes, bill or bills of exchange, bond yeaM.lto5 or bonds, check or checks, draft or drafts, bank note or notes, order or orders for the payment of money, or other valuable article or thing; or any cotton, corn, or other produce, goods, wares or merchandize, horse or horses, mule or mules, cattle, sheep, goats, hogs, or other article or articles of value, for the purpose of applying the same forthe use or benefit of the person to whom they belong, or the person de¬ livering them, or any of them ; or for the purpose of collecting the moiiey or other thing due on any such note' or notes, bilL or bills of exchange, bond or bonds, check or checks, draft or drafts, bank note or notes, or order or orders, and paying the proceeds thereof over to the owner or other person so intrusting or delivering the same; or.for the purpose of selling such cotton, corn, or other produce, goods, wares, or merchandize, horse or horses, mule or mules, cattle, sheep, goats, hogs, or other valuable article, and paying over the proceeds of such sale to the owner, or other person so intrusting or delivering the said article or articles, shall fraudulently convert the said article PENAL LAWS.—The Code—6th Div.—1835. 797 Offences by Bank officers. or articles, or any of them, or the money or other thing arising from the sale or collection of any of them to his or her own use, or shall otherwise dispose of them, or any of them to the injury, and without the consent of the owner, or other person so intrusting or delivering them, and without paying to such owner or person intrusting or de¬ livering the same, the full value or market price thereof, such person so offending, shall on conviction, be punished by imprisonment and labor in the Penitentiary for any time not less than one year, nor longer than five years. 131. Sec. XXXVII. Any president, director, or other officer of bank offices any chartered bank in this State, who shall violate, or be concerned charter,8 u'e in violating any provision of the charter of such bank, shall be guilty 11010 of a high misdemeanor, and on indictment and conviction thereof, shall be punished by imprisonment and labor in the Penitentiary for any term not less than one year nor longer than ten years. 132. Sec. XXXVIII. Every president, director, or other officer rre?ump- of any chartered bank in this State, shall be deemed to possess such Sofficers, a knowledge of the affairs of the corporation, as to enable him to de¬ termine whether any act, proceeding or omission is a violation of the charter. And every president and director who shall be present at a meeting when such violation shall happen, shall be deemed to have concurred therein, unless he shall, at the time cause, or in writing, require his dissent therefrom to be entered at large on the minutes of the board—and every president and director not present at any meet¬ ing when such a violation shall take place, shall nevertheless be deemed to have concurred therein, if the facts constituting such vio¬ lation appear on the books of the corporation, and he remain a di¬ rector for three months thereafter, and do not within that time cause, or in writing require his dissent from such illegal proceeding, to be entered at large on the minutes of the board. 133. Sec. XXXIX. Every insolvency of a chartered bank, or every bank refusal, or failure to redeem its bills on demand, either with specie, shaii b"ry or current bank bills passing at par value, shall be deemed fraudulent, frTtu7i'hn.r.t and the president and directors may be severally indicted for a mis- ^l.'1^ demeanor, and on conviction shall be punished by imprisonment andable- labor in the penitentiary for any time not less than one year, nor longer than ten years—Provided nevertheless, that, the defendant But the may repel the presumption of fraud, by showing that the affairs of m'ly'beTe- the bank have been fairly and legally administered, and generally peUed' with the same care and diligence that agents receiving a commission for their services, are required and bound by law to observe ; and upon such showing, the Jury shall acquit the prisoner.* 134. Sec. XL. All conveyances, assignments, transfers of stock, &e effects, or other contracts made by any bank in. contemplation of in- solvency, or after insolvency, except for the benefit of all the credit- ami voidW ors and stockholders of said bank, shall, unless made to an innocent ess'&c- purchaser for a valuable consideration, and without knowledge or no¬ tice of the condition of said bank, be fraudulent and void.1 And the *But see 3cc. 138. See also title " Banks and Banking," sees. 19, 25, 36, and 80. (1.) Sec Ilightoiecr vs. Miisticm, 8 Ga. Pep. 509. 793 PENAL LAWS.—The Code—Q/h Div.—1833-'36. Fraudulent dividends. &c —Unlawful mining. ' Andthenf- president, directors, and other officers of said bank, or any of them, ing them, making, or consenting to the making of such conveyance, assignment, r*n'yfr!>m4transfer or contract, whether the same be made to an innocent put'- to 10 years, chaser or any other, shall severally be guilty of a misdemeanor, and on indictment and conviction thereof, shall be punished by imprison¬ ment and labor in the penitentiary for any time not less than four years, nor longer than ten years. ■ officer 135. Sec. XLI. If any president, director, officer, or agent of any itf paper at bank, shall, by himself or agent, or in any other manner, either for able to pen'y himself or for the bank, directly or indirectly purchase, or be inter- yea'wf tl>1° esfed hi the purchase of any bill, or check, or other evidence of debt issued by the said bank, for a less sum than shall appear then due on the face thereof, such person so offending shall be guilty of'a misde¬ meanor, and on indictment and conviction thereof, shall be punished by imprisonment and labor in the penitentiary for any time not less than four years, nor longer than ten years. , frau?«ie8 ^EC' No dividends shall be made by any bank, ex: dividends, cept from the net profits arising from the business of the corporation; ioyyear" 1 and if any president and directors shall declare, or pay over any div¬ idend from the capital stock, or any other funds of the bank, except the net profits thereof, such president and directors shall severally be guilty of a misdemeanor, .and on indictment and conviction thereof, shall be punished by confinement and labor in the penitentiary for any time not less than one year, nor longer than ten years., Purchasing 137. Sec. XLIII. If the president and directors of any bank) or capo'] stock, any of them, shall use add-apply any part of the capital stock of such Karl1 w 10 bank to the purchase of shares of its own stock, such president and directors shall be guilty of a misdemeanor, and on indictment and conviction thereof, shall be punished by imprisonment and labor in the* penitentiary for any time not less than one year, nor more than, ten years. th?39iht0ec 138. Sec. XLIY. The 39th section of the 6th division of this ' Code, in relation to the insolvency of any bank, or the failiu'e or refu¬ sal of any bank to pay its bills in specie or current bank notes, shall not operate on any bank which has heretofore become insolvent or unable to pay its bills, and no future failure or refusal to pay its bills, shall be deemed a violation of said section.—Provided 'nevertheless, that said bank shall not have resumed specie payment between the time of its becoming insolvent, and of its future failure, or refusal, to redeem its bills with specie or current hank notes. , An Act to add an additional section to the sixth division of the Pe¬ nal Code.—Approved Dec. 27, 1836. Pam. 172. From and after the passage of this Act, the folio wing-section shall be a_aled to the sixth division of the Penal Code, now of force, and shall be a part thereof, to wit: unlawful 139- Sec. XLY. If any person shall dig or take and carry dii-t Ibfe"'" away fr°m the of another, any gold, bullion, silver or other mc- mudemean- talic substance, with intent to appropriate the same to his, or her or" own use, without having previously cbf-'i -cd normission of then- - PENAL LAWS—The Com—Qth. Div,—1S42~'43. 799 Defaulting Clerk. .. _<• er of such land,-so .to do,'.he or she shall, be guilty of a misdemeanor, and upon conviction, shall be punished with fine or imprisonment ,in the common jail,, or both, at the. discretion of the Court.f An Act to add an additional section to the sixth division of the Penal Code.-—Assented to 26th Dec. 184:2. Pam. 133. .14.0. Sec. I. Beit enacted, That frorri and after the passage of this Act, the following section shall be added to the sixth division of the Penal Code now in force, and shall be a part thereof, to wit: If any person shall erect or use any machinery, for the purpose of Erecting procuring-gold, silver, or other metals, upon therlatid of any other, procuregdid! with intent to appropriate the same to his or her own use, or for any other person whatsoever, without the permission of the owner, of the land, or his aghnt, he or she shall be guilty of a high mis¬ demeanor; and" upon conviction, shall be punished/with , fine ■ or renaHy, fine imprisonment in the common jail, or both, at the discretion of the Sllment!"8* Court. . • y ' .. . 1 • An Act, to add an additional section to the Sixth Division oj the Pe¬ nal Code of this State,—Assented to Dec. 9th, 1843. Pam. 135.' • s g \ ; ' \ . . •141. Sec. 1. Be it enacted, That from jand after the passage of J1r®ra1^®rot. this Act, the following section, shall be added to the Sfxth Division ^zziing,&c. of the Penal Code now of force, and shall be part thereof:—-Any county. Clerk of the Inferior Court or County Treasurer, of any County in ' this State, who shall divert, misapply, embezzle, or conceal any mon¬ ey belonging to the; County.of which he is such Clerk or County Treasurer as aforesaid, with intent to appropriate the same to his awn use, shall be guilty of a misdemeanor, and upon conviction, shall be punished with- fine or imprisonment -in the common jail of the Coun¬ ty,- or both, at the discretion of-the Court—the latter not .to exceed six months, and shall moreover be removed from office ; and on the trial of such defendant, proof of his having failed or refused make an exhibit to the Grand Jury of the County of which he is iti»foro ' such Clerk or County Treasurer, 'at the Superior Court first held inGrandJury" each year, in said County, unless prevented by providential cause, a full and complete statement of the County, funds as is how required by law, received by him during the preceding year, containing a de¬ tailed account of all sums of money paid out by him, the time when paid, and the. per son. to whom paid, shall be deemed prirna facie evi¬ dence of guilt, and throw the burthen of' proof on. the defendant; and that any bill of indictment which may be preferred under this Evidence, section, shall be held sufficiently technical that .shall describe the-of- fence in the words thereof, and that the prosecutor on the trial of said bill of indictment, shall not be required to identify, the money, coinJ bank bill or bills set forth in said indictment, as the money, coin, bank bill or bills diverted, misapplied, embezzled of concealed •As to mining of Fractions hotow'tig to Clio f.U'.o ; wo ««Indians." 800 PENAL LAWS —The Code—7th Viv.—1833. Forgery of official certificate. Indictment. by said defendant; but in all cases an allegation in the indictment, that any sum of current money has been received by said defendant belonging to said County, and that the defendant fails or refuses to account for the same, and proof of such allegation on the trial, shall be sufficient to authorize a conviction, unless the defendant shall be able to show a legal expenditure or disposition of said County funds.* SEVENTH DIVISION. FORGERY AND COUNTERFEITING. Sec. 142. Official certificates, &c. " 143. Counterfeiting, &c., coin. " 144. Bank Notes. " 145. Bank check or draft. " 146. Altering bank note. " 147. Knowingly uttering. " 148. Possessing, to pass. Sec. 149. Possessing implements. 150. Forging note, bills, &c. 151. Any other writing. 152. Forged public seal. 153. Using fictitious name. 154. Personating another. 155. Buying under false letters, &c. official cer¬ tificates, Forging any 142. Sec. I. If any person or persons shall falsely and fraudu¬ lently make, forge, alter, or counterfeit, or cause or procure to be falsely and fraudulently made, forged, altered or counterfeited, or willingly aid or assist in falsely and fraudulently making, forging, altering or counterfeiting, any audited certificates, or other certificate issued, or purporting to have been issued by the Auditor General, or other officer authorized to issue the same; or any order or warrant issued, or purporting to hav& been issued by the Governor, or the Pre- " sident of the Senate, or Speaker of the House of Representatives of the General Assembly of this State, or by any officer of the govern* ment, or authorized person, on the treasury of said State, for any money or other thing, or any warrant for land issued, or purporting to have been issued by the Justices of any Land Court, or by any.other tribunal, officer or person, authorized to do so, within this State; or any certificate, draft, warrant or order, from any of the public offi¬ cers of this State, issued or purporting to have been issued under or by virtue of an Act or Resolution of the General Assembly of this State ; or any certificate, draft, order, or warrant, issued or purport¬ ing to have been issued by any Court officer, or person authorized to draw on the treasury of this State, or for public money wherever the ny aeed, same may be deposited; or any deed, will, testament, bond, writing ™ obligatory, bill of exchange, promissory note, or order for money, or or an will note, Sec., or mem" there-goods, or other things of value; or any acquittance or receipt; or *\n"\y 'inter" ail7 endorsement or assignment of any bond, writing obligatory, bill ing the same, of exchange, promissory note, or order for money or goods, or other penalty 4 to , \ • r i • 1 • -in i i * ■i o i l • 10 years, thing or things of value, with intent to defraud the said State, public officer or officers, Courts, or any persons authorized, or any person or persons whatever ; or shall utter or publish as true, any false, fraudu¬ lent, forged, altered or counterfeited audited certificate, Governor'^ President's, Speaker's, public officer's, Court's or duly authorized per¬ son's certificate, draft, warrant, or order, so as aforesaid issued, or pur- *For other provl-Cxu? against defaulting others, see " County Officers." PENAL LAWS—The Cope—7th Pm—1833. 801 Counterfeiting—Uttering, &c. porting to have been issued, or any deed, will, testament, bond, writ¬ ing obligatory, bill of exchange, promissory note, or order for mon¬ ey, or goods, or other thing or things of value, or any acquittance or receipt for money or goods, or other thing or things of value ; or any endorsement or assignment of any bond, writing obligatory, bill of exchange, promissory note, or order for money or goods, or other thing or things of value, with intent to defraud the said State, pub¬ lic officers, Courts, or persons authorized as aforesaid, or any other person or persons whatsoever, knowing the same to be so falsely and fraudulently made, forged, altered, or counterfeited ; every such per¬ son so offending, and being thereof lawfully convicted, shall be pun¬ ished by imprisonment and labor in the penitentiary, for anytime not less than four years, nor longer than ten years. 143. Sec. II. If any person shall falsely and fraudulently make, oouBterfeit- forge, or counterfeit, or be concerned in the false and fraudulent mak- Infi^utterT ing, forging, and counterfeiting1 of any gold, silver, or copper coin, f"u7oin*°e~ which now is, or shall be passing, or in circulation within this State ; 4toM) or shall falsely and fraudulently make, or be concerned in the false and fraudulent making of any base coin, of the likeness or simili¬ tude of any gold, silver, or copper coin, which now is, or shall be passing or in circulation within this State ; or shall falsely and fraud¬ ulently utter, publish, pay, or tender in payment, any such counter¬ feit and forged coin of gold, silver, or copper, or any base coin,2 knowing the same to be forged or counterfeited, or base, or shall aid or abet, counsel or command the perpetration of either of the said crimes, such person shall on conviction, be punished by imprison¬ ment and labor in the penitentiary ' for any time not less than four years, nor longer than ten years. 144. Sec. ill. If any person shall falsely and fraudulently make, counterfeit- sign, or print, or be concerned in the false and fraudulent making, signing, or printing any counterfeit note or bill of any bank of this4to10 yedCa- State, or the note or bill of any incorporated bank, whose notes or bills are in circulation in this State, or falsely and fraudulently cause or procure the same to be done, such person so offending, shall on con¬ viction, be punished by imprisonment and labor in the penitentiary for any time not less than four years, nor longer than ten years. 145. Sec. IV. If any person shall falsely and fraudulently make, Bank check sign or print, or be concerned in the false and fraudulent making, 3^ 7 signing, or printing, of any check or draft upon any bank of this State,years- or bank as aforesaid; or falsely or fraudulently cause or procure the same to be done, such person so offending, shall on conviction, be punished by imprisonment and labor in the penitentiary, for any time not less than three years, nor longer than seven years. 146. Sec. V. If any person shall falsely and fraudulently alter, [1.] Has the State any jurisdiction? Query. 4 Ga. 136. [2.] Passing " Counterfeit Coins," and "base metal" in "the similitude of coin," are distinct offences. 4 Ga. 136. The Indictment need not allege whether a foreign coin or not, " a legal and current silve-r " sullioieut. 6 Ga. 501. li) 1 802 PENAL LAWS.—The Code—7th Dir.—1833. Fraudulently altered and forged bills, —l'ublie seals. Alteration of or be concerned iu the false and fraudulent alteration of any genuine pen'y' 3note, bill, check, or draft, of, or on, any bank as aforesaid ; or falsely to 10years. an(^ frau(puieiltly cause or procure the same to be done, such person so offending shall on conviction be punished by imprisonment and la¬ bor in the penitentiary for any time not less than three years, nor longer than ten years. knowingly 147. Sec. VI. If any person shall falsely and fraudulently pass, p"e?lntheni, PaY> or tender inpayment, utter, or publish, any false, forged, coun- pon'/s to 10 terfeit, or altered note, bill, check, or draft as aforesaid, knowing the same to have been falsely and fraudulently forged, counterfeited or altered ; such person so offending, shall on conviction, he punished by imprisonment and labor in the penitentiary, for any time not less than two years, nor longer than ten years. posafpfling 148. Sec. VII. If any person shall have in his or her possession pasTth"m,t0 any such false, forged, counterfeit, or altered note or notes, bill or ^y.2tl> 10 bills, draft or drafts, check or checks, with intention fraudulently to pass the same, such person so offending shall on conviction, be pun¬ ished by imprisonment and labor in the penitentiary for any time not less than two years, nor longer than ten years. possessing 149. Sec. VIII. If any person shall have in his or her possession, tc^iiinsnd-' ailY bank paper, types, plates or machinery for the purpose of falsely ingtocoun- or fraudulently forging and counterfeiting any notes, bills, checks, or 4toeioyeara. drafts as aforesaid, such person so offending, shall on conviction, be punished by imprisonment and labor in the penitentiary for any time, not less than four years, nor longer than ten years.* forging or 150. Sec. IX. If any person shall falsely and fraudulently make, tainhiUs &c" f°rge> counterfeit, or alter any note, bill, draft or check of, or on, any pen'y2101° person, body corporate, company or mercantile house or firm, or pur- *ear6' porting so to be; or fraudulently and falsely utter, publish, pass, pay, or tender the same in payment, or demand payment of the same, knowing the said bill, note, draft or check to be forged and counter- feited, or falsely and fraudulently altered, such person so offend¬ ing, shall on conviction, be punished by confinement and labor in the penitentiary for any time not less than two, nor longer than ten years. f rging any 1^1. Sec. X. If any person shall fraudulently make, sign, forge, other writ's counterfeit, or alter, or be concerned in the fraudulent making, sign- with intent . . ' ' . . , . . »> to defraud, mg, forging, counterfeiting, or altering any other writing, not herein years. l° provided for, with intent to defraud any person or persons, bank or other corporate body, or shall fraudulently cause or procure the same to be done, such person so offending, shall on conviction, be pun¬ ished by imprisonment and labor in the penitentiary for any time not less than two years, nor longer than five years. forging or 1^2. Sec. XI. If any person shall falsely and fraudulently forge puwfr/sef^01- countei'fed, °r be concerned in forging and counterfeiting the great i>en'y 2 to io seal of this State, or any seal used for government purposes, the pub- year8, lie and common seal of any Court, Office, County or Corporation, or any other seal authorized by law; or shall falsely and fraudulent¬ ly cause or procure the same to be forged and counterfeited; or "Former Statutes on tills subject, Vol. I. 244. Vol. III. 554. PENAL LAWS.—The Code.—Sth Div.—1833. 803 Fictitious name, &c.—Analysis. shall falsely, fraudulently and knowingly impress, or cause to be im¬ pressed, any instrument whatever, whether the same be written or printed; or partly written and partly printed, with such forged and counterfeit seal; or shall falsely, fraudulently and knowingly annex or affix, or cause to be annexed or affixed to any such instrument, such forged and counterfeit seal; or shall falsely and fraudulently utter or publish any instrument, or writing whatever, impressed with such forged and counterfeit seal, knowing the same to be forged and coun¬ terfeit, such person so offending shall be punished by imprisonment aiid labor in the penitentiary; for any time not less than two years, nor longer than ten years. 153. Sec. XII. Any person who shall draw or make a bill of ex-Using ficti- change, due bill, or promissory note, or endorse or accept the same in pen'y 2dIto7 a fictitious name, shall be guilty of forgery, and on conviction, beyears punished by confinement and labor in the penitentiary for any time not less than two years nor longer than seven years. .154. Sec. XIII. »If any person shall put his own name to any Personating instrument, representing* himself to be a different person of that pe°,y |r,t0 7 name, such person shall be guilty of forgery, and on conviction shall rears, be punished by imprisonment and labor in the penitentiary, for any time not less than two years, nor longer than seven years.* 155. Sec. XIV. If any person shall designedly by color of any 0btain;ng counterfeit letter or writing, made in any other personTs name, or fic- titious name, obtain from any person money, goods, chattels, or oth- «ngs, Pen>V er valuable thing, with intent to defraud any person, mercantile 10 7 year*" house, or body corporate or company, of the same, such person so offending,shall, on conviction, be punished by imprisonment and labor in the penitentiary, for any time not less than two years, nor longer than seven years. EIGHTH DIVISION. CRIMES AND OFFENCES AGAINST THE PUBLIC JUSTICE. Sec. 156. Perjury. " 157. Penitentiary, 4 to 10 years. " 158. False.swearing. " 159. Penitentiary 3 to 10 years. " 100. Subornation. " 161. Penitentiary 3 to 10 years. " 162. Disqualification. " 163. Verdicts void. " 164. Causing death. • " 165. Bribery. 41 1 fl Pnnubm An t.. " 166. Punishment. " 167. Altering, &c. public documents. " 168. Cruelty in jailers. " 169. Detaining records. " 170. Personating in bail. ** 171. nhcfriiAf.inff nrnofrW. Sec. 178. From custody. " 179. Escape from Penitentiary. " 180. Voluntary escapes. " 181. Refusing to receive prisoner. " 182. Refusing Penitentiary prisoners. " 183. Receiving stolen goods. " 184. Principal escaping. " 185. Accessory after the fact. " 186. Compounding felonies. " 187. Compounding penalties. " 188 Conspiracy. " 189. Barratry. " 190. Punishment. " 191* Embracery. " 192. Malpractice by J. P. " 193-. Threatening letters. " 194. Extortion. " 195. Punishment. " 196. Other offences. " 197. Mutiny. " 198. Institgating mutiny. " 199. Rec. stolen goods from negro. " 171. Obstructing process. " 172. Assaults colore officii. " 173. Rescue. " 174. Punishment in criminal cases. " 175. In civil cases.. " 176. Attempt to rescue: M 177. Aiding in escape. •Seem./), . • . 170, 252. 804 PENAL LAWS.—The Code—$th Dir.—1833. Perjury—Subornation—False \Vitness'. perjuryde- 156. Sec. I. Perjury shall consist in wilfully, knowingly, ab- solutely and falsely swearing, either with or without laying the hand on the Holy Evangelist of Almighty God, or affirming in a matter material to the issue or point in question, in some judicial proceed¬ ing, by a person to whom a lawful oath or affirmation is admin¬ istered.* penitenthuy 157. Sec. II. Any person who shall commit the crime of perju- 4to 10years, ry shall be punished by imprisonment and labor in the penitentiary, for any time not less than four years, nor longer than ten years. fdse swear- 158. Sec. III. False swearing shall consist in wilfully, knowing- mg e ne v absolutely and falsely swearing either with or without laying his hand on the Holy Evangelist of Almighty God, or affirming in any matter or thing, (other than a judicial proceeding) by a person to whom a lawful oath or affirmation is administered.* pen'y3to io 159. Sec. IV. Any person who shall commit the crime of false year3' swearing, shall be punished by imprisonment and labor in the pen¬ itentiary, for any time not less than three years, nor longer than ten years. Subornation. 160. Sec. V. Subornation of perjury and false swearing, shall consist in procuring another person to commit the crime of perjury or false shearing. Pen'y 3 io io 161. Sec. VI. Any person who shall commit the crime of subor- yeard* nation of perjury or false swearing, shall be punished by confinement and labor in the penitentiary, for any time not less than three years, nor longer than ten years. D^•qualified 162. Sec. VII. Any person who shall be lawfully convicted of 3 either of the crimes mentioned and defined in the first, third and fifth sections of this division, shall, in addition to the punishment prescrib¬ ed in the second, fourth, and sixth sections of this division, be for¬ ever thereafter disqualified from being a witness in any matter in controversy. verdicts &c. 163. Sec. VIII. Any verdict or judgment, rule or order of Court, obtained by . J ^ , perjury,set which may have been obtained or entered up, shall be set aside, and 0 be of no effect, if it shall appear that the same was obtained or en¬ tered up in consequence of wilful and corrupt perjury ; and it shall be the duty of the Court in which such verdict, judgment, rule, or or¬ der may have been obtained or entered up, to cause the same to be Proviso. set aside upon motion and notice to the adverse party ; but it shall not be lawful for the said Court to do so unless the person charged with said perjury shall have been thereof duly convicted, and unless it shall appear to the said Court, that the said verdict, judgment, rule, or order, could not have been obtained or entered up, without the evidence of such perjured person; saving always to third persons,in¬ nocent of such perjury, the right which they may have lawfully acquir¬ ed under such verdict, judgment, rule, or order, before the same shall have been actually vacated and set aside. fatse wit- 164. Sec. IX. If any person by wilful and corrupt perjury shall take away the life of another, or by such wilful and corrupt perjury, convict another of any offence, which by this code is punishable * Seejfurther, titles " Affirmation." "fCoimyawee and Registry." sec. 72. PENAL LAWS.—The Code—Sth Div.—1833. 805 Bribery—Altering public documents—Cruelty. with death or perpetual imprisonment, such person shall be punished with death or perpetual imprisonment. 165. Sec. X. Bribery is the giving or receiving any undue Bribery de- reward to influence the behavior of the person receiving such re- "e ' ward in the discharge of his duty in any office of Government or of justice. 166. Sec. XI. If any person shall directly or indirectly give or Punishment offer to give any money, goods, or other bribe, present or reward: or 5 give or make any promise, contract or agreement for the payment, years, delivery or alienation of any money, goods, lands, or other bribe ; or use any promises, threats, persuasions, or other like sinister, unfair, or fraudulent practices in order to obtain or influence the opinion, judg¬ ment, decree, or behavior of any member of the General Assembly, or any officer of this State, Judge, Justice, referee or arbitrator in any discussion, debate, action, suit, complaint, indictment, contro¬ versy, matter, or cause depending, or which shall depend before him or them, such person Shall on conviction, be punished by imprison¬ ment and labor in the penitentiary for any time not less than one year, nor longer than five years. And the member of the General Assembly or officer, Judge, Justice, referee or arbitrator, who shall pen'yato'io accept or receive such bribe, shall on conviction, be punished by im->tdri prisonment and labor in the penitentiary, for anytime not less than two years, nor longer than ten years, and shall moreover be removed from his office. 167. Sec. XII. if any Judge, Justice, Mayor, Alderman, Clerk, stealing, at- Sheriff, Coroner, or other public officer, or any other person whatsoever, shall steal, embezzle, alter, corrupt, withdraw, falsify, doc"»nent3, ' ' ' .r ' ' J ' pen y 2 to 10 or avoid any record, process, charter, gift, grant, conveyance, or con- rears, tract; or shall knowingly and willingly take off, discharge, or con¬ ceal, any issue, forfeited recognizance, or other forfeiture ; or shall forge, deface, or falsify any document or instrument recorded, or any registry, acknowledgement, or certificate ; or shall alter, deface or falsify any minute, document, book, or any proceeding whatever, of, or belonging to any public office within this State ; or if any person shall cause or procure any of the offences aforesaid to be committed, or be iu anywise concerned therein, the person so offending, shall be punished by imprisonment and labor in the penitentiary for any time not less than two years nor longer than ten years. 168. Sec. XIII. If any Jailer by too great a duress of impris-crueltyh» onmeat, or other cruel treatment, make or induce a prisoner to be- pe!vyh to3 come an approver, or accuse and give evidence against some other year6- person; or be guilty of wilful inhumanity or oppression to any pris¬ oner under his custody, such Jailer shall be punished by removal from office, and imprisonment, and labor in the penitentiary for any time not less than one year, nor longer than three years.* 169. S ec. XIV. If any officer after the expiration of the time officers - for which he may have been elected or appointed, shall wilfully and unlawfully withhold or detain from his successor, the records, papers, documents, books or other writings, appertaining and belong- pnsonment. •For Act re'iuiring them to furnish prisoners with certain necessaries, see sec. 395. 806 PENAL LAWS.—The Code—Sth Div.—1S33. Personating bail—Obstructing process—llcscue. ing to his office, or mutilate, destroy, take away, or otherwise pre¬ vent the complete possession by his said successor, of said records,,, documents, papers, books, or other writings, such person so offend- ' ing, shall, on conviction, he punished by fme, or imprisonment in the common jail of the County, or bcth, at the discretion of the Court. nfbiugjiutg- hf'f Sec. NY. If any person except the attorney of record, ment.&c. shall acknowledge, or procure to be acknowledged, in any of the oen'y 1 to 4 ^ o ' .1 > years. Courts ot this State, or before any authorized officer, any recogniz- ance, bail, or judgment, in the name of any other person not privy or consenting thereto, such person so offending shall, on conviction, be punished by imprisonment and labor in the penitentiary for any period of time not less thgn one year, nor longer than four years, obstructing 171. Sec. XVI. If any person shall knowingly and wilfully ob- fieneears' on conviction be punished by imprisonment in the common jail fcr anytime net exceeding six months; or by confinement and labor ill the penitentiary for any time not less than one year, nor longer than two years, at the discretion of the Couit. * When committed by a slave; see see. 45. See "Rivers/' sec. 37. PENAL LAWS.—The Code—Sth Div.—1833. 807 Escapes—Refusing to receive prisoner—Convicts—Stolen goods'. 177. Sec. XXII. If any person shall aid or assist a prisoner assisting to lawfully committed or detained in any jail, for any offence against this State, or under any civil process, to make his or her escape-from 1t°4yeaM- jail, whether such esfeape be actually effected or not; or if any per-. • son shall convey, or cause to be delivered to such prisoner any dis-v • . guise, instrument, or arms, proper to facilitate the escape of such '•prisoner; such person so offending shall, on conviction, be punished by confinement and labor in the penitentiary for any time not less than one year, nor longer than four years. 178. Sec. XXIII. If any person shall aid or assist any prisoner assis,inst0 n J r e^cane Iroin to escape, or to attempt to escape from the custody of any Sheriff, custody Coroner, Constable, officer, or other person who shall have the law- yea,*. t0"' ■fill charge of such prisoner, such person so offending shall, on con¬ viction, be punished by confinement and labor in the penitentiary for any time not less than one year, nor longer than five years. 179. Sec. XXIY. If any person confined in the penitentiary e^apesfrom shall escape therefrom, and be thereafter re-taken, such person shallpeniteiltllU}' be indicted for an escape, and on conviction shall be punished by imprisonment and labor in the penitentiary for the term of four years. And any person who shall aid or assist a prisoner confined in the Aiding penitentiary to escape, or in an attempt to escape therefrom, shall, on conviction, receive the like punishment.* 189.'Sec. XX V. If any Sheriff, Coroner, Constable, keeper of voluntary a jail, keeper, other officer or person employed in the penitentiary, pe^ya'to 7 having any offender guilty, or accused of, or confined for, any crime,years- in his custody, shall voluntarily permit or suffer such offender to escape and -go at large, every Vnch Sheriff, Coroner, keeper of a jail, keeper, officer, or other person employed in the penitentiary, Consta¬ ble, or other officer or person so offending shall, 011 conviction, be punished by confinement and labor in the penitentiary for any time not less than two years, nor longer than seven years ; and shall more¬ over, if a public officer, be dismissed from office. ■ 181. Sec. XXVI. If any Sheriff, Coroner, Constable, keeper iteming to of a jail or other officer, whose duty it is to receive persons charged [^ner, with, or guilty of an indictable offence, shall refuse to receive and^^p2107 take charge of such person or persons, every such Sheriff, Coroner, Constable, keeper of a jail, or other officer so offending shall, on conviction, be punished by confinement and labor in the penitentia¬ ry for any time not less than two years, nor longer than seven years ; and such officer shall moreover be dismissed from office. 182. Sec. XXVII. If the keeper of the penitentiary, or other refusing officer or person employed there, whose duty it is to receive convicts, g"7 shall fail or refuse to do so, such keeper, officer, or other person so offending, shall 011 conviction, be punished by confinement and la¬ bor in the penitentiary for any time not exceeding ten years, and •shall moreover be dismissed from office. 1.83. Se-c. XXVIII. If any person shall buy or receive any RCCeivjn5 goods, chattels, money, or other effects, that shall have been stolen or feloniously taken from another, knowing the same to be stolen or uletilief. *Sec sec. 322, as to trial. 80S PENAL LAWS.—The Codf.—Sth 7?/r.—1833. Compounding—Conspiracy—Barratry. feloniously taken, such person shall be taken and deemed to be an accessory after the fact, and shall receive and sutler the same pun¬ ishment as would be inflicted on the person convicted of having stolen or feloniously taken, the said goods, chattels, money or effects, so bought or received.* > Although 184. Sec. XXIX. If the principal thief or thieves cannot be cannot be taken, so as to be prosecuted and convicted, it shall be lawful t# ta*en' prosecute any person buying or receiving any goods, chattels, mon¬ ey or effects, stolen or feloniously taken by such principal thief or thieves, knowing the same to be stolen or feloniously taken, as for a misdemeanor; and 011 conviction, such person shall be punished as prescribed in the preceding section ; and a conviction under this section, shall be a bar to any prosecution under the XXVIIlth section. Acecs*.™ 185. Sec. XXX. If any person shall receive, harbor or conceal a/ter the tact .. ,, • • 1 i i 1 i 1 pen'y i to a any person guilty ot a crime punishable by death, or imprisonment yeftrs* and labor in the penitentiary, knowing such person to be guilty, such person so receiving, harboring, or concealing, shall be taken and deemed to be an accessory after the fact; and on conviction, shall be punished by imprisonment and labor in the penitentiary for any time not less than one year, nor longer than three years, cvunpnund'g 186. Sec. XXXI. If any person shall take or receive any mon- irto5yeaH.y ey, goods, chattels, lands, or other reward, on promise to compound, or shall for any cause, compound any crime or offence punishable with death, or imprisonment and labor in the penitentiary, such per¬ son so offending shall, on conviction, be punished by imprisonment and labor in the penitentiary for any time not less than one year, nor longer than five years, compmjnd'g 187. Sec. XXXII. If. any person informing or prosecuting un- penuiticb. (jgj. pretence of any penal law, shall compound with the offender,, or direct the suit or information to he discontinued, unless it be by leave of the Court where the same is pending, such person so of¬ fending shall, on conviction, pay a fine equal to so much of the pen¬ alty as he or she would be entitled to, if the defendant or party pros¬ ecuted had been found guilty or convicted, conspiracy, 188. Sec. XXXIII. If any two or more persons shall conspire years. w ^ or agree, falsely and maliciously, to charge and indict any innocent person of a crime, who is accordingly indicted and acquitted, such person so conspiring, and each and every of them, shall on convic¬ tion, be punished by imprisonment and labor in the penitentiary for any time not less than twelve months, nor longer than five years. barratry 189. Sec. XXXIV. Common barratry is the offence of fre- defiaeiai.practice mal-practice in office, by using oppression, tyrannical partiality, or^'p"^es any other conduct unbecoming his character as an upright magistrate, in the administration, and under color of his office, may be indicted, which indictment shall specially set forth the merits of the com¬ plaint, and a copy thereof be served on the defendant before the same is laid before the Grand Jury : and the prosecutor and the Jus¬ tice, and their witnesses, shall all have the right of appearing and Both sides being heard before the Grand Jury, which indictment, if found true ™eard by c'd by the Grand Jury shall, as in other cases, be tried by a Petit Juryjuly' —rand if the defendant be convicted, he shall be punished by fine, or Punishment, imprisonment in the common jail of the County, or both at the dis¬ cretion of the Court: and shall moreover be removed from office, if still in office. 193. Sec. XXXVIII. If any person shall knowingly send or de-Threatening liver any letter or writing, threatening to accuse another person of a 21^4 yearLy crime, with intent to extort money, goods, chattels, or other valuable thing ; or threatening to maim, wound, kill, or murder such person or any of his family, or to burn or otherwise destroy or injure his or her house, or other property, real or personal, though no money, goods, chattels, or other valuable thing be demanded, such person so offending shall 011 conviction, be punished by imprisonment and la¬ bor in the penitentiary for any time not less than two years, nor longer than four years. 194. S ec. XXXIX. Extort ion shall consist in any public officer's T*-wrtion unlawfully taking by color of his office from any person, any money, eme ' or other thing of value, that is not due to him, or more than is due. 195. Sec. XL. Any public officer who shall by himself, his dep-Fine and uty, agent, or other persons employed by him, be guilty of extortion dlsmisSiU-- in demanding and receiving other and greater fees than by law are allowed him, or shall by color of his office, take from any person, any money or other thing of value, that is not dne to him, or more than is due, such officer shall be subject to indictment, and on con¬ viction shall be punished by fine at the discretion of the Court, and shall moreover be dismissed from office. 196. Sec. XLI. Any other offence against public justice not othero/ren- herein provided for, shall be punished by fine, or imprisonment in juHtree.pubhe the common jail, or both, at the discretion of the Court. 102 S10 PENAL LAWS.—The Code—9th Div .—1S33. Mutiny—Receiving stolen goods from negro—Unlawful assembly. 197. Sec. XLII: If any prisoner in the penitentiary shall assail, Ik-nil's to 5 oppose or resist any officer of the penitentiary, or any member of the >uirs' guard, with any'weapon or implement calculated to cause death or serious bodily injury, such prisoner so offending, shall be deemed guilty of mutiny, and on conviction thereof shall be punished by an additional term of imprisonment and labor in the Penitentiary, not less than two years, nor longer than five years, at the discretion of the Court, to be computed from the expiration of the term of impris¬ onment and labor to which such prisoner shall have been previously sentenced. 193. Sec. XLIII. If any person shall persuade, entice or insti¬ ll }rs. ulidcd. gate any prisoner to mutiny, such person so offending shall be guilty of a misdemeanor, and on conviction, shall he puuished by confine¬ ment and labor in the penitentiary for any time not less than two years, nor longer than five years, at the discretion of the Court, to be computed, if a prisoner in the penitentiary, from the expiration of the term of imprisonment and labor for which lie shall have been pre¬ viously sentenced. - ' An Act to add an additional section to the 8 th division of the Penal Code of ike Stale of Georgia, and to provide for the punishment of jree white persons for receiving stolen goods from negroes or free persons of color.—Assented to 22d Dec. 1840. Pain. HO. j?ooiMvin« 199. Beit enacted, That from and after the passage of this Act, sf'dou "■<)(•<]> ' *• ^ • frmi ;i netiru, if any free white person or persons, shall buy or recteive any money, wuii nouto, g00cjSj chattels, or other effects,*frcm any negro or free person of col¬ or that has, or have been stolen, or feloniously taken—knowing the same to have been so stolen or feloniously taken—such persin or persons so offending, shall be taken, and deemed to be accessory, or accessories, after the fact,1 and being convicted thereof, shall receivt) samp pun- and suffer the same punishment as would have been inflicted on such wiTthe person or persons, had he or they been convicted of stealing, or fel- larceny. cuiously taking the same. NINTH DIVISION. OFFENCES AGAINST THE PUBLIC PEACE AND TRANQUILITY. I'lHa vrful assemblies. Sec. 200. Unlawful Assemblies. " 201. Riot. " 202. Affrays. " 203. Duciiing, Challenging. " 201. Seconds. " 203. 'Duelling, Fighting. " 203. Officers not preventing. " 207. Charging the'■ Coward." *5ec.-203. Libel. " 20:). Printer, "Witness. " 210 Truth proven. " 211. Forcible entry. " 2L2. Forcible detainer. " 213. Punishment. " 211. Trial of possession. " 215. Other offences. 200. Sec. I. If two or more persons assemble for the purpose of distmbing the public peace, or ccmmitting any unlawful act, and do net disperse upon being desired or commanded to do so by a Judge, (1.) State must prove that the negro stole the goods. 4 Ga. 465. PENAL LAWS.—The Code—9th.Div.—1833. 811 Riot—Affray—Duelling. Justice, Sheriff, Constable, Coroner, or other peace officer, such per¬ sons so offending shall be guilty of a misdemeanor, and on convic¬ tion, shall be punished by fine, or imprisonment in the common jail, or both at the discretion, of the Court, 201. Sec. II. If any two or more persons, either with or without Riot. a common cause or quarrel, do an ^unlawful act of violence, or any ^ other act in.a violent and tumultuous manner, such persons so offend-it0 3 ing. shall bfe guilty of a riot, and on conviction, shall be punished by fine, or imprisonment in the common jail, or both, at the discretion of the Court: but if the circumstances attending the riot shall be of ail atrocious or aggravated nature, the offenders may be imprisoned at labor in the penitentiary for any time not less than one year, nor longer than three years. 202. Sec. III. Affrays are the fighting of two or more persons in Affrays, some public place, to the terror of the citizens, and disturbance of imprwonact the public tranquility. Persons so offending, shall be indicted and on conviction shall be punished by fine or imprisonment in the common jail, or both at the discretion of the Court; and it shall be considered a Aggravation great aggravation of this offence, if any contempt cr disobedience of the magistrate or other peace officer commanding the peace, shall be proved. 203. Sec. 17. If any person shall deliberately challenge by word Binning, or writing, the person of another, to fight with sword, pistol, or other deadly weapon ; .or if any person so challenged shall accept the said ^2 year! 1 challenge, in either case, such person so giving or sending, or accept¬ ing any such challenge, shall on conviction be punished by a fine not less thap five hundred dollars, and be imprisoned in the common jail of the County for any time not exceeding six months. Or, if the Jury should so recommend, such person shall, in addition to the fine herein imposed, be punished by imprisonment and labor in the peni¬ tentiary for any time not less than one. year, nor longer than two years. ' 204.-Sec. V. If any person shall knowingly and wilfully carry seconds, and deliver any written or printed challenge, cr verbally deliver any lament." message or challenge to another to fight with sword, pistol or other deadly weapon ; or shall consent to be a second in any such intend¬ ed duel or combat, such person so offending shall, on conviction, be punished in the same manner as is prescribed in the preceding sec¬ tion, 205. Sec.. VI. If any person shall be engaged in the act of fight- Act of fight¬ ing a duel with sword, pistol or other deadly weapon, either as priu- lafinorl'" L~ cipal or second, such person shall be guilty of a high misdemeanor, and 011 conviction shall be punished by imprisonment and labor in the penitentiary for. any time not less than four years, nor longer than eight years. Provided nevertheless, that if death should ensue if death en- fromsuch duel, then all the parties, both principals and seconds, shall ^uon-er be guilty of murder, and suffer the punishment of death. cemed. 206. Sec. VII. If any Justice, or ether public officer bound to officers i T 1 ■ i 11 . -1 11 r ■ , ■ ■ knowing preserve tne public peace, shad have knowledge of ail intention 111 and not pre- any person or persons to fight with any deadly weapon, and shall not use and exert his official authority to arrest the parties, and pre-^romof" vent the duel by binding over the parties concerned to keep the peace 812 PENAL LAWS.—Thk Cot>e—9th Div—1833. Libel—Forcible entry—Detainer. towards each other, such Judge, Justice, or other peace officer so offending shall on conviction, be dismissed from office, proclaiming 207. Sf.c. VIII. If any person or persons shall, in any newspa- ard," in per or hand bill, written or printed, publish or proclaim any other an!"nni'rts- person or persons as a coward or cowards; or use any other opprobri- ®.nneui.. ous ancj abusive language for not accepting a challenge, or fighting a duel, such person or persons so offending shall on conviction, be punished by a fine not exceeding five hundred dollars, and imprison¬ ment in the common jail of the County not exceeding sixty days, at the discretion of the Court. libel defin- 2l)8. Sec. IX. A libel is a malicious defamat ion, expressed either eJ- by printing or writing, or signs, pictures, and the like, tending to blacken the memory of one who is dead, or the honesty, virtue, in¬ tegrity, or reputation of one who is alive, and thereby expose him or her to public hatred, contempt or ridicule 2 Every person convicted runishmcnt. of this offence, shall be punished by a fine not exceeding one thou¬ sand dollars, and by imprisonment in the common jail of the County for any time not exceeding one year, at the discretion of the Court. witne"a 2(19. Sec. X. In all prosecutions under the two preceding sec¬ tions of this division, the printer, or publisher of the newspaper, hand bill, or other publication containing the offensive or criminal matter, shall be a competent witness ; and if such printer or publisher shall £ttitv,'!st0 re}'use t0 testify in the cause, or to give up the real name of the au- doimioii the thor, or person authorizing and causing the publication, so that he may be indicted ; then such printer or publisher shall be deemed and considered the author himself, and be indicted and punished as such; and may moreover be punished for a contempt of the Court, as any other witness refusing to testify. The truth in 210. Sec. XI. In all cases of indictment for a libel, or for slander, evidence. the person prosecuted shall be allowed to give the truth in evidence.* Forcible en- 211. Sec. XII. Forcible entry is the violently taking possession try' of lands and tenements with menaces, force and arms, and without authority of law. Forcible 212. Sec. XIII. Forcible detainer is the violently keeping pos- e .uner* sessjon 0f lands and tenements with menaces, force and arms, and without authority of law. ot'h.mwe"1 213. Sec. XIV". Any person who shall he guilty of a forcible en- uinor°rde tr^' 01 a ^'orci^e detainer, or both, may be indicted, and on convic¬ tion shall be punished by fine, or imprisonment in the common jail of the County, or both, at the discretion of the Court: And the Court before whom the conviction takes place, shall eause restitution of possession of the premises to be made to the party aggrieved— •pu^esiLn^' Providcd, always, that if the party forcibly detaining lands and ten¬ ements, or those under whom he claims, shall have been in peaceable possession of the same for the space of three years or more immedi- *Former Acton this subject, Vol. III. 204. (1) As to publication of libel written by another, and the allegations of indictment, sect Ga. It. See also 6 Ga. 270. To charge a person to be a '• drunkard, a cuckold and a tory," is libellous. 6 Get. 27& The writer is responsible until he produces another author. Ibid. PENAL LAWS.—The Code—Oth Div.—1833. 813 Trial by J ury before Justices—Other offences. ately preceding the filing of the complaint, such person or party shall not be subject to the penalties of this section, nor shall restitution of possession be made. And provided also, that the only questions to ex~ be submitted to, and determined by the Jury in trials for forcible en¬ try, or forcible detainer, shall be the possession, ajid the force, without regard to the merits of the title on either side. 214. Sec. XV. Any one or more Justice or Justices o'f the justice« to Peace, upon complaint made on oath, of any forcible entry into lands jury'act or tenements,, or of any forcible detainer of the same, shall have power to draw a Jury of twelve men from the Jury box of the dis¬ trict in which the lands and tenements so alleged to be forcibly en¬ tered or detained, are situated, and cause the Sheriff of the County or the Constable of the district, to summon them to be and appear at the usual place of holding Court of the said district, on a certain day to be appointed by the said Justice or Justices, for the purpose of trying the fact of such forcible entry or detainer : And the said Justice or Justices shall also issue a summons to be directed to the person or persons charged with such forcible entry, or detainer, and cause the same to be served on him or them by the Sheriff, or by the Constable, at least five days before the time appointed for trial, requiring him or them to appear and defend the charge alleged against him or them. And if all the Jurors should not attend, or if there should be any legal objection to any of them, then the Justice or Justices may cause the Jury to be completed by tales Jurors : And upon the trial, the only facts which the Jury shall inquire into, shall be the possession and the force ; but they shall have no power to in¬ quire into the merits of the title on either side. The following oath shall be administered to the Jurors, viz :—-You shall well and truly oath of jury, inquire whether A B has made any forcible entry into the lands or tenements of C D and hitn ejected therefrom, or forcibly detains the lands or tenements of the said C D, and a true verdict give according to the facts as they may appear to you in evidence—so help you God." And if upon the trial of such case, the Jury shall find such on n-t forcible entry or forcible detainer, or both, then the said Justice or tutr'ntobe* Justices shall give judgment accordingly, and cause the Sheriff tomadid, such Minister; Judge, Justice of the Inferior Court, or Justice of the Peace, shall beguilty of a misdemeanor, and on con¬ viction shall be fined in a sum not less than $100, not more than $500, which said fine, when collected, shall be paid over to the Jus¬ tices of the Inferior Court "of the County where the offence was committed, fo.r the1' use of the poor school fund of said Count}''.' 240. Sec.' XXIX. If any person shall hereafter vote more than ^a0gn^ow onctf at any election whidh may be- held in any County of this State, pen'y i to'a or vote out of the County in which he may*usually reside, for members years" of the Legislature, or for County officers, such person shall be indicted for a misdemeanor, and on conviction, shall be punished by impris¬ onment and labor in the penitentiary for any time not less than one year, nor more than two years.*1 Sec. XXX. [Superseded, and another section substituted; see next Act.J An Act to alter and amend.the 30th section of the 10th Division of an '• .Act tor form, amend, and consolidate the Penal Laws of the- State of Georgia, approved Dec. 23, 1833.—Assented to 22d Dec. 1840. Pam. 139. 241. Sec. I. Be it enacted, That from and after the passage of this Act, the following shall be the thirtieth (30th) section of the tenth (10th) division of the Act entitled an Act to reform, amend and consolidate the Penal Laws of the State of Georgia, approyed December twenty-third, one thousand eight hundred and thirty-three, in lieu of the said section as now embraced in said Act, to-wit:—If nuyin?and any person shall hereafter buy or sell, or offer to buy or sell a vote,Eolhnevote^ or be concerned in buying or selling a yote, ,or .shall unlawfully vote at any election which may be held in any County in this State, such person shall be indicted for a misdemeanor, and on conviction, shall be punished by imprisonment and labor in the penitentiary for aito4 years, term not'less than one year, nor more than four years. 242. Sec. II. If any person under the .age of twenty-one under 2t& years, and above the age of' fourteen^ shall'vote illegally at any elec-?,™^"™^ tion, he shall be.fmed ina sum not exceeding one hundred dollars, ®m or imprisoned in fhe common jail of the County, at the discretion of the Court. An Act to alter and amend the eleventh section of the tenth Division oj the Penal Code.-r~,Approved Dec. 27, 1845. Pam. 44. [Superseded by next Act:] ■V An Act to alter and amend, the eleventh section of the tenth Division of the Penal Code.—Approved Dec. 29, 1847. Pam. 200. further, til.li. "TUctii.r," wc1*. 2, 17, iO. 820 PENAL LAWS.—The Code—11th Div.—1833. Gambling—Vagrancy—Analysis. <;ambling. 243. Sec. I. Be it enacted, That from and after the passage of this Act, the eleventh section of the tenth Division of the Penal Code of this State, shall be as follows, to-wit: If any person shall play and bet for money, or other things of value, at any game of faro, loo, brag, bluff, three-up, poker, vingtun, euchar, or any other game or games played with cards, or shall play and bet for money or oth¬ er things of value, at any E. O. or A. B, C. table, or other table of like character, or shall bet at any game of ninepins or tenpins, or of, any other number of pins, such person so offending shall, on con- Finethan Action, be fined in a sum not less than twenty dollars, nor more. $20 nor more than one hundred dollars.* An Act to alter and amend the twenty-second, section of the tenth Divis* ion oj the Penal Code.—Approved Dec. 29, 1847. Pam. 199. 244. Sec. I. Be it enacted., That from and after the passage of this Act, the twenty-second section of the tenth Division of the Pe- vagrancy. nal Code shall be as follows, to-wit: Any person wandering or strolling about, or leading an idle, immoral or profligate course of life, who has no property to support himself or herself, and who is able to work or otherwise to support himself or herself in a respectable way, shall be deemed and considered a vagrant, and shall be indicted as such as in other cases, and on conviction shall be punished by con- rvnitentiary finement and hard labor in the penitentiary for any time not less -t0 4 ycats-than two years nor longer than four years: Provided nevertheless, that after such indictment has been found against any person, such person shall be discharged and released from prosecution, if he or she, Rpiea^ed on a^te1' the indictment has been found, and before the trial, shall tender b'eiiav *n °Pen Court a bond, with sufficient security, for his or her good ...randfii- behavior and future industry for one year; Provided also, that the turemdu~try gaid bond shall be for any amount not more than four hundred dol-< lars.f Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. lb in $100. ELEVENTH DIVISION. OFFENCES COMMITTED BY CHEATS AND SWINDLERS, AND OF¬ FENCES AGAINST PUBLIC TRADE. Sec. 245.. Credit by fraud. " 246. Cheating at play. " 247. Bakers cheating. Sec. 251. Dirt in cotton, &c. " 252. Personating another. " 2o'i'. Similar offences. " 254. Personating witness. " 255. Lying to obtain security. " 256. Peddlers without license. " 248. False weights. " 249. Offences abolished. " 250. Counterfeiting brands. 245. Sec. I. If any person by false representation of his own * Gaming with negroes, see sees. 285, 286, 292. iVagrants from other States, see sec. 332, From foreign countries, see title "For¬ eigners," see. 7. PENAL LAWS.—The Code—11 th Div.—1833. 821 Cheats and swindlers—False weights, &c. respectability, wealth, or mercantile correspondence and connections, Any person. Shall obtain a credit, and thereby defraud any person or persons of obntinhie1'"' any money, goods, chattels, or any other valuable thing; or if any person shall cause or procure others to report falsely of his honesty, respectability, wealth, or mercantile character, and by thus imposing on the credulity of any person or persons, shall obtain a credit, and thereby fraudulently get into possession of goods, wares, or mer¬ chandize, or any other valuable thing or things, such person so of¬ fending, shall be deemed a cheat and swindler, and on conviction, shaii be fin- shall be punished by fine, or imprisonment in the common jail of the storTthe^ County, or both, at the discretion of the Court; and such person good*- shall moreover be compelled by the order and sentepce of the Court, to restore to the party injured, the property so fraudulently obtained, if it can be done. 246. Sec. II. If any person or persons shall, by any fraud or persons shift, circumvention, deceit, or unlawful trick, or device, or ill prac- piay shaii tice whatever, in playing at cards, dice, or any game or games, or in cheus? or by bearing a share or part in the stakes, wages, or adventures ; or in or by betting on the sides or hands of such as do or shall play, obtain or acquire to him or themselves, or to any other or others any money, or other valuable thing or things whatever, such person or persons so offending, shall be indicted, and on conviction, shall be deemed a cheat, and shall be sentenced to pay a fine of five times the value of the money or other thing so won as aforesaid, and shall and im- ' also be imprisoned in the common jail of the County, at the discre- priBOned- tion of the Court. 247. Sec. III. Any baker or other person selling bread under the Bakers seii- assize established by the corporation of any City, Town or Village, others"11 or the rules laid down by any law, shall be deemed a cheat, and on conviction, shall be punished by fine, or imprisonment in the com¬ mon jail of the County, or both, at the discretion of the Court. 248. Sec. IV. If any person shall sell by false weights or measures, ^"wei^hta he or she shall be deemed a common cheat, and on conviction, shall andmeas- be punished by fine or imprisonment in the common jail of the purashech County, or both, at the discretion of the Court.* 249. Sec. V. The offences of forestalling, regrating and engross- (lff^nfhes. • | * 11*1*1 fiuOJlSilCd, xng, are hereby abolished. 250. Sec. VI. If any person shall fraudulently counterfeit, or be counterfeit- concerned in fraudulently counterfeiting any brand or mark directed mfrk?"nSOf by law, or shall fraudulently cause or procure the same to be done, casks*> or shall use, export, sell, exchange, barter, or expose to sale, any ,in.e and "»■ bale, cask, barrel, hogshead, or vessel of any kind, or any other thing upon which a brand or mark is directed by law to be made, with such counterfeit brand or mark, knowing the same to be false and Counterfeit, such person so Offending shall, on conviction, be deemed a cheat, and be punished by a fine not exceeding $200, and impris¬ onment in the common jail of the County for a term not exceeding six months. *See further, as to weights and measures, title "Agriculture and Commerce," Art. XVI. 622 PENAL LAWS.—The Code—11th Div.—1833. Personating another—Lying as to solvency. patting din 251. Sec. YII. Any person who shall put or cause to be putjn- jntocot'ton, to any bale or bales of cotton, hogshead or hogsheads, barrel or bar- pr»iuco^therrels, cask or casks of sugar or rice, pork, beef, or other provisions, penitentiary any ^h't, rubbish, or other thing, for the purpose of adding to and ito5 years, increasing, the weight or bulk of said cotton, sugar, rice, beef, pork, or other provisions, or things,* shall be deemed a common cheat, and on conviction, shall be punished by a fine equal to the value of the thing thus fraudulently packed or put up, and imprisonment and labor in the penitentiary for any time not less than one year, nor Evidence, longer than five years. The bare possession or ownership of such commodities so fraudulently packed or put up, shall not of itself au¬ thorize a conviction where sufficient evidence of knowledge or priv¬ ity on the part of the owner, or the person in possession, may not be produced before the Court and Jury, obtaining 252. Sec. YIII. If any person shall falsely personate another, ^pefaona- and thereby fraudulently obtain any money, goods, chattels, or other orjaii. thing or things of value ; or with the intention of thereby fraudu¬ lently obtaining any money, goods, chattels, or other valuable thing, such person so offending shall be deemed a cheat and swindler, and on conviction shall be punished by imprisonment and labor in the penitentiary for any time not less than one year, nor longer than five years; or in trivial cases, by fine and imprisonment in the common jail, at the discretion of the Court.f •«.Sijgn- 253. Sec. IX. Any person using any deceitful means, or artful kind. practice (other than those which are, mentioned and provided against in this Code) by which individuals or an individual, or the public, are or is defrauded and. cheated, such person so offending shall be deemed a common cheat and swindler, and on conviction shall be punished by fine or imprisonment in the common jail, or both, at the discretion of the Court, f personating 254. Sec. X. If any person shall falsely represent or personate witness or another, and in such assumed character shall answer as a witness to in interrogatories, or do any other act in the course of any suit, proceed- pen'jr x to 5 ing? or prosecution, or in any other way, matter, or thing, whereby the person so personated or represented, or any other person, might suffer damage, loss or injury, such person so offending shall, on conviction, be punished by confinement and labor in the penitentiary for any time not less than one year, nor more than five years.f i.yingtoob- 255. Sec. XI. If any person by false representation of his or ere'orMher her solvency, shall induce another to become his or her bail, indorscr socurity. or security, upon any recognizance, bond, note, bill of exchange or other instrument, for the payment of money, or perforra- ' ance of any personal duty, knowing at the time that he or she is in¬ solvent ; and such bail, indorser, or security shall suffer loss or dam¬ age in consequence of such undertaking and liability on his part, such person so offending shall be guilty of a misdemeanor, and on conviction shall be punished by fine and imprisonment in the com¬ mon jail, at the discretion of the Court. 256. Sec. XII. If any peddler or itinerant trader shall sell or •See further, title " Agriculture and Commerce," Art. II. " Beef, Pork," &c. sec. i fSee ante. Vllth division, sec. XII. and XIII.—sees. 153, 154. PENAL LAWS.—The Code—12th Div.—1833. 823 Peddlers—-Malicious mischief. vend any goods, wares, or merchandize, except such as are excepted peddlers by law, within this State, without a license from the proper author- ainsefaned. ity for that purpose, such peddler or itinerant trader shall be guilty of a misdemeanor, and on indictment and conviction thereof, shall be fined in a sum not less than one thousand dollars, nor more than three thousand dollars, to be applied as pointed out by law ; and the defendant shall stand committed until the said fine be paid.* TWELFTH DIVISION. FRAUDULENT AND MALICIOUS MISCHIEF. Sec. 257. Destroying books or papers. " 258. Altering land marks. " 259. Buoys, beacons, itc. " 260. Setting fire to stacks. " 231. Setting fire to woods. «' 262. To fences. " 263. Breaking bridges, dams, &c. Sec. 264. Killing or maiming cattle, &c. " 265. Turnpike, &c.—fixtures. " 266. Firing or sinking vessels. " 267. Cutting down trees. '' 268. Mile or guide posts. " 269. Destroying growing crop. " 270. Other similar acts. 257. Sec. I. If any person shall fraudulently or maliciously tear, burn, or in any other way destroy any deed, lease, will, bond, or oth- persot value, er writing sealed ; or any bank bill or note, check, draft, or other se- year!110 * curity for the payment of money or the delivery of goods; or any certificate, or other public security of this State, or of the United States, or any of them, for the payment of money; or any receipt, acquittance, release, discharge of any debt, suit, or other demand ; or any transfer or assurance of money, stock, goods, chattels, or oth¬ er property ; or any letter of attorney or other power ; or any day¬ book, or other book of accounts ; or any agreement or contract what¬ ever, with intent to defraud, prejudice, or injure any person or body politic or corporate, such person so offending shall, on conviction, be punished by imprisonment and labor in the penitentiary for any time not less than one year, nor longer than four years; or in trivial cases, by imprisonment in the common jail, or by fine, or both, at the dis¬ cretion of the Court. 258. Sec. II. If any person shall knowingly, maliciously, orAiterineor fraudulently cut, fell, alter, or remove any certain boundary tree, or und-mark* other allowed landmark, to the wrong or injury of his neighbor orfineand any other person, such person so offending shall, on conviction, be punished by a fine not exceeding five hundred dollars, and imprison¬ ment in the common jail of the County for any time not exceeding one year. 259. Sec. III. If any person or persons shall maliciously orBu0y9)bea. without authority, cut down, remove, or destroy any beacon or bea-p°°?^c^5 cons, buoy or buoys, erected by any Commissioners of pilotage, oryeaM-~ other person or persons duly authorized for that purpose, such person or persons so offending shall, on conviction, be punished by confine¬ ment and labor in the penitentiary for any time not less than two years, nor longer than five years. ♦Sec further, as to penalties for this offence, title " Peddlers," sec. 10. 824 PENAL LAWS—The Code—12/7* Div.—1833. Various kinds of Malicious mischief. Rettingfire 260. Sec. IV. Any person or persons who shall wifully and mar iwn'yCito3 licionsly set fire to, or burn, any Stack or stacks of corn, fodder, years. grain, straw or hay, shall, on conviction, be punished by imprison¬ ment and labor in the penitentiary for any time not less than one year, nor longer than three years. woods'-0 ®EC- If any person shall wilfully and maliciously set on imp. in ja'ii. fire, or cause to be set 011 fire, any woods, lands, or marshes within this State, so as thereby to occasion loss, damage or injury to any other person, such person so offending shall, 011 conviction, be pun¬ ished by imprisonment in the common jail for any time not exceed¬ ing six months, at the discretion of the Court.* Fences. 262. Sec. VI. If any person shall wilfully and maliciously set fire to any fence or fences, or other enclosure, or cause or procure the same to be done, or shall take from such fence or enclosure any rail or rails, or other material of which the same is made or composed, for the purpose of using the same as fuel, such person so offending shall, on conviction, be punished by fine and imprisonment in the common jail of the County, at the discretion of the Court. Creaking 263. Sec. VII. If any person shall unlawfully, wilfully, and ma- da^b'anks,lieiously break down, open, cut through, injure or destroy any bridge, &x. river or meadow bank, rice dam, mill dam, or any other dam or bank; such person so offending shall, on conviction, be punished by con¬ finement and labor in the penitentiary not less than one year, nor more than three years, or by fine and imprisonment in the common jail, at the discretion of the Court. Killing or 264. Sec. VIII. If any person shall maliciously maim or kill ue'oruogsf" any horse, mule, bull, steer, ox, cow, calf, heifer, or other animal falling under the description hereinbefore given of horses or cattle ; or shall maliciously kill a hog or hogs ; such person so offending shall, on conviction, be punished by fine or imprisonment in the common jail, at the discretion of the Court, f Turnpike 265. Sec. IX. If any person shall maliciously injure or destroy n™ figure's, anY turnpike gate or gates, or any post or posts, rail or rails, wall or pen'y i to 4 walls, or any chain, bar, or other fence belonging to any turnpike gate or any house or houses erected, or to be erected for the use of any such turnpike gate or gates ; or shall wilfully and maliciously injure or destroy any lock or locks, or other works erected to protect and secure the navigation of any river or canal in this State, every such person so offending, shall, on conviction, be punished by im¬ prisonment and labor in the penitentiary for any time not less than one year, nor longer than four years. Finng or 266. Sec. X. If any person shall maliciously and wilfully barn, or wuki1^JyS set fire t0 any ship, boat or other vessel, above the value of two 'or°aneye&rc' hundred dollars, alongside of any wharf or at anchor in any river, or in any waters in this State; or if any person shall wilfully and mali¬ ciously make, or assist in making any hole in the bottom, side, or any other part of any ship, boat or other vessel above the value aforesaid, •Former Act on this sulyoct, Vol. HI. 553. +See title "Agriculture and Commerce," Art. "Fences," 3. Jlnteference with "Railroads," see sec. 375; with Magnetic Telegraph, see title " Magnetic Telegraph." PENAL LAWS.—The Code—12/A Dir.—1833-'36. 825 Malicious mischief. or do any other act tending to the loss or destruction of such ship, boat, or other vessel within the waters of this State, as aforesaid, such person so offending shall, on conviction, be punished by impris¬ onment and labor in the penitentiary for any time not less than three years, nor longer than seven years. And if the ship, boat, or other vessel thus injured or destroyed as aforesaid, be of the value of two hundred dollars, or under that value, then the person convicted of injuring or destroying 3uch ship, boat, or other vessel as aforesaid, shall be punished by fine or imprisonment in the common jail of the County, or both, at the discretion of the Court. 267. Sec. XL If any person shall wilfully and1 maliciously cut cutting j • • ti * ^ • d"wn trpeR« down, injure, or destroy any tree or trees, planted or growing in any fu,e and imp. Town, Village, or City, or in any avenue, yard, garden, orchard or plantation, for ornament, shelter, shade, or profit, such person so of¬ fending shall, 011 conviction, be punished by fine or imprisonment in the common jail of the County, or both, at the discretion of the Court. 268. Sec. .XII. If any person shall wilfully or maliciously Miie or break, deface, destroy, or remove any mile stone or post, or any guide §ulde P°st*- board erected upon any public road or highway, or alter any mark or inscription upon any such milestone or post, or guide board, such person so offending shall be indicted for a misdemeanor, and on con¬ viction shall be punished by a fine not exceeding fifty dollars, or imprisonment in the common jail not exceeding thirty days. 269. Sec. XIII. If any person shall commit any trespass by severn pro- wilfully and maliciously severing from the land of another, any pro- there"/™, duce thereof, such person so offending shall be indicted for a misde¬ meanor, and on conviction shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the common jail not ex¬ ceeding thirty days. An Act to add an additional section to the twelfth division of the Penal Code of this State.—Approved Dec. 24, 1836. Pam. 173. .270. The following additional section shall be added to the 12th division of the Penal Code of this State, assented to on the 23d De¬ cember, 1833 : All other acts of wilful and malicious mischief, in the injuring or Alloth destroying any other public or private property, not therein enumer- a.-tsofmaii- ated, shall be punished by fine or imprisonment in the common jail, chief, or both, at the discretion of the Court before whom the same shalland mip* betried. 104 PENAL LAWS.—The Code—13/A Dh.—1833. Carrying off slaves. THIRTEENTH DIVISION. OFFENCES RELATIVE TO SLAVES.* Sec. 282. Peddlers trading with. '• 283. Indefinite imprisonment 6 months, " 284. Hiring without pass. " 285. Gambling with negroes. " 286. Gaming with negroes. " 287. Concealing or harboring, " 289. Contracts with negroes. " 290. Master's punishment. 291. Judge's charge. Sec. 271. Harboring or concealing. " 272. Carrying off slaves. " 273. Beating or wounding. " 274. Cruelty by owners. •• 275. Tradings selling spirits to slaves " 276. Found in grog-shop. " 277. Selling goods to. " 278. Judge's charge. " 279. Giving unlawful tickets. " 280. Teaching to read and write. I " 292. Playing or betting with. «« 2S1. Employing in printing. i " 293. Proof necessary. [Secs. I. to VIII. inclusive, refer to the introduction of slaves into this State. Repealed by Act of 1849. See " Slaves," &c. sec and all offenders against ihem relieved. Pam. 1849, 1S50, page 341.] Harhnror 271. Sec. IX. [Any person who shall conceal, harbor or hide, or cause to be concealed, harbored or hidden, any slave, to the injury ami imp. 0f owner thereof, shall be guilty of a misdemeanor, and on con¬ viction thereof, shall be punished by fine, not exceeding the value of the slave, or imprisonment in the common jail of the County, or both, at the discretion of the Courtf]—Provided nevertheless, that on title and 12 the trial of this offence, the person charged with it, shall be acquit- se&sion. ted, if he or she had an apparent well founded claim to the slave so harbored or concealed, and had been peaceably possessed of him twelve months next preceding the commencement of such harbor¬ ing or concealing1; and on every conviction for concealing or har¬ boring a slave, the owner of such slave may recover damages in a civil suit for the loss of the labor and services of such slave, not¬ withstanding such conviction.f carrying off 272. Sec. X. Any person who shall remove or carry, or cause notlo »eii to be removed or carried away out of this State, or any County anTim^"8 thereof, any slave, being the property of another person, without the consent of the owner, or other person having authority to give such consent, and without any intention or design, on the part of the offend¬ er, to sell or otherwise appropriate the said slave to his own use, or to de¬ prive the owner of his property in said slave, shall be guilty of a misdemeanor, and be punished by fine or imprisonment in the com¬ mon jail of the County or both, at the discretion of the Court.| 273. Sec. XI. Any person except the owner, overseer, or em¬ ployer of a slave, who shall beat, whip or wound such slave; or any person who shall beat, whip or wound a free person of color, ♦Giving slaves insurrectionary pamplilets, sec. 27. Slaves, patrols, &c. sec. 113. False permits ; sec. 175. Persuading them to commit crimes; secs. 15, 16. Renting houses to slaves, see " Slaves, Patrols, &c."sec. 35. Failing to deliver runaway slaves to Jailer within four days; see " Slaves, Patrole, &c." sec. 182. fThis much of this section repealed by Act of 1838, and another substituted; see sec. 287. Jin relation to conveying slaves on Railroads without permits, see title " Internal Transportation," Art. II. " Rail Roads," &c. sees. 16, 17. As to concealment of slaves committing crimes, by masters, see " Slaves, Patrols, &c." sec. 23. PENAL LAWS—The Code—13*fc Dir.—1833. 827 Wounding—Cruel treatment—Trading with. . without Sufficient cause or provocation being first given by such unprovoked slave or free person of color, such person so offending may be indict- ed for a misdemeanor, and on conviction shall be punished by fine °* or imprisonment in the common jail of the County, or both, at thefree colored , persons, discretion of the Court; and the owner of such slave, or guardian fine and imp. of such free person of color, may, notwithstanding such conviction, recover in a civil suit, damages for the injury done to such slave or free person of color. 274. Sec. XII. Any owner or employer of a slave or slaves, cruel trcat- who shall cruelly treat such slave or slaves, by unnecessary and ex-slaves by cessive whipping, by withholding proper food and sustenance, by f,^"and im- requiring greater labor from such slave or slaves than he, she, or they Priaonn»ent. are able to perform, or by not affording proper clothing, whereby the health of such slave or slaves may be injured and impaired, or cause or permit the same to be done ;* every such owner or employer shall be guilty of a misdemeanor, and on conviction shall be punished by fine or imprisonment in the common jail of the County, or both, at the discretion of the Court. 275. Sec. XIII. If any person shall buy or receive from any Purchasing slave,! any amount of money exceeding one dollar, or any cotton, tobacco, wheat, rye, oats, corn, rice, or poultry of any description permit. whatever, or any other article, commodity or thing (except brooms, baskets, foot and bed mats, shuck collars, and such other thing or things, article or articles, as are usually manufactured or vended by slaves, for their own use only) without written permission from the owner, overseer, or employer of such slave, or some other person authorized to* give such permission ; authorizing such slave to sell and dispose of said money or other article or articles; such person so offending shall be guilty of a misdemeanor, and on conviction be punished by fine or imprisonment in the common jail of the County, or both, at the discretion of the Court. If any owner, overseer, em- or selling ployer, shop keeper, store keeper, or any other person whatsoever, ^Tand^m- shall sell to or furnish any slave or slaves, or free person of color, with PrisonmeuU spirituous liquor, wines, cider, or any intoxicating liquors, for his own use or for the purpose of sale, such person so offending shall, upon conviction thereof, pay a fine of not less than ten dollars, nor more than fifty dollars, for the first offence, and upon a second con¬ viction, to be subject to fine and imprisonment in the common jail of the County, at the discretion of the Court, not to exceed six¬ ty days' imprisonment and five hundred dollars fine Provided, noth- Proviso as t» ing herein contained shall prevent the owner, overseer, or employer 16 ow from furnishing their slaves, or those under their care, with such quantity of spirits, &c. as they may believe is for the benefit of such slave or slaves, but in no case to permit them in any way to furnish others therewith. 276. Sec. XIY. If any slave or slaves shall be found in any store-house or tippling shop, unless sent by his, her or their owner, •As to working .slaves on Sabbath day, see " Slaves, Patrols, &e." sec. 38. tFormer Act on this subject, Vol. III. 809. Purchase by slaves, see "Slaves," &c. see. 73. ♦Former Act on this subiect. Vol. II. 457, 653. S2S PENAL LAWS.—Thf- Coi>e—IZth Div.—1833. Unlawful tickets—Teaching to read—Peddlers trading with. fiavesround overseer or employer, after the hour of nine o'clock at night, or be- iiouse O pre- fore day break in the morning, or on the Sabbath day, it shall be ij'ekeeperoftaken and received as presumptive evidence against the person or the shop, persons owning, or person keeping the store or tippling shop, of a violation of the thirteenth section of this division, which presump¬ tion may be rebutted by any other circumstance in favor of the ac¬ cused. Delivering 277. Sec. XV. If any person shall sell or deliver to any slave naves!0 or slaves, any goods, wares or merchandize, or any other thing or things, unless it be in exchange for some article or articles, which the owner, overseer, or employer of such slave or slaves, may have authorized such slave or slaves to trade or deal in according to the provisions of the thirteenth section of this division, such person so offending shall be guilty of a misdemeanor, and oil conviction shall be punished by fine, or imprisonment in the common jail of the County, or both, at the discretion of the Court. Judges to 278. Sec. XVI. It shall be the duty of the Judges of the Su- liws'ln86 pen°r Courts, at the commencement of every term, to give in charge charge. t0 the Grand Jury the substance and intention of the sections of this division, in regard to trading with slaves. Giving tick- 279. Sec. XVII. If any person shall give a ticket, pass, or li- fujiy"finei cense to any slave, who is the property, or under the care and control of another, without the consent of the owner, or other person hav¬ ing the care or control of such slave, such person so offending shall be guilty of a misdemeanor, and 011 conviction shall be fined in a sum not exceeding fifty dollars.* Teaching 280. Sec. XVIII. If any person shall teach any slave, negrOj rcadcV-ATiteor free person of color, to read or write, either written or printed characters, or shall procure, suffer, or permit a slave, negro, or person of color, to transact business for him in writing, such person so of¬ fending shall be guilty of a misdemeanor, and 011 conviction, shall be punished by fine or imprisonment in the common jail of the County, or both, at the discretion of the Court.f Ocrtain em- 281. Sec. XIX. If any person, owning or having in his posses- printTng-offi" sion and under his control any printing press or types in this State; ces prohib'd. shaq use or employ, or permit to be used or employed, any slave or free person of color, in the setting up of types, or other labor about the office, requiring in said slave or free person of color, a knowledge of reading or writing, such person so offending, shall be guilty of a misdemeanor, and on conviction, shall be punished by a fine not ex¬ ceeding one hundred dollars.;}; peddlers 282. Sec. XX. If any peddler or itinerant trader, whether car- nave"gwuhh rying his goods, wares and merchandize, in a wagon or otherwise, r"finethori at any time either buy from or sell to, or otherwise trade with #i',ooo? any slave or slaves, unless it be with the permission and in the pres¬ ence of the owner, overseer, or other person having charge of such slave or slaves; such peddler or itinerant trader shall be guilty of a misdemeanor, and on indictment and conviction thereof, shall be fin- *See " Slaves, Patrols, &c." sec. 14. See also, ante. sec. 115. t" See "Slaves, Patrols," &c.sec. 114. £Nor to mix or administer medicines: see "Slaves. Patrols, fro." see 1 en PENAL LAWS.—The Code—13fh Div.—1833-'38. 829 Indefinite Imprisonment—Hiring slaves—Gaming with. ed in a sum not exceeding one thousand dollars, one half to the use of the prosecutor, and the other half to the use of the County where the crime was committed, and the defendant shall stand committed until the fine' is paid : and a copy of this section shall be annexed C(w of,thi3 r i ii A J annexed to to all licenses granted peddlers. licenses. 283. Sec. XXI. In all cases where imprisonment in the com- indefinite mon jail of the County by the sentence of the Court is a part, orMnoe™4 the whole of the punishment, and the offence is such a one where,ceed6m03* by this Code, no limitation is fixed for the discretion of the Court, such imprisonment shall in no case exceed six months. An Actio malce penal the hiring of slaves their time without a written or verbal authority from the owner or persons having the right to con- ■ trol such slaves.—Assented to 25th Dec. 1837. Pam. 247. 284. Sec. I. Be it enacted, That from and after the first day °f"^"rWIth March next, if any person shall hire from any slave or slaves his out permit, time,* without a verbal or written authority from the owner or per¬ sons having the right to control such slave or slaves, such persons so hiring shall be guilty of a misdemeanor, and upon conviction there¬ of, shall be fined in a sum not exceeding five hundred dollars, any Fine, law or. usage to the contrary notwithstanding. An Act to punish white persons for gambling with negroes.—Assented to 25th Dec. 1837. Pam. 120. 285. Sec. I. Be it enacted, That from and after the passage ofc-ambim? this Act, if any white person or persons are found playing and bet- uuh "cgroe3 ting with negroes, or playing or betting at any game with cards, for the purpose of betting upon, or winning or losing money, or any other thing or things, article or articles of value, or any property or any other article or articles, thing or things of value, may be indict¬ ed, and on conviction thereof, shall be imprisoned at hard labor in the penitentiary, for any time not less than one, nor longer than three years.f Sec. II. [Repealing clause.] An Act to amend an Act entitled an Act to punish white persons for gambling with negroes, passed on the 25th Dec. lS37t.—Assented to 27th Dec. 1S3S. Pam. 107. 288. S ec. I. Beit enacted, That from and after the passage of Gamins with this Act, if any white person or persons are found playing and bet- nt°ruea- ting, or playing or betting with negroes, or free persons of color, at any game, with cards, dice, or five corns, for the purpose of betting •As to contract to build or repair house.'', see see. 2S9. fAmended, IS.'jS. Sec next see. Also in See see. 292. {But see Aoi of 1817, tec. 292. 830 PENAL LAWS—The Code—13rA Dip.—183S-'41. Harboring slaves—Selling or giving books, &c. upon, or winning or losing money, or any other thing or things, ar¬ ticle or articles of value, or otherwise, or any property, or any other article or articles, thing or things of value, may be indicted, and on conviction thereof, shall be imprisoned at hard labor in the peniten¬ tiary for any time not less than one, nor longer than four years. Sec. II. All laws or parts of laws militating against this Act, are hereby repealed. An Act to amend the ninth section of the thirteenth division of the Penal Code of this State.—Assented to 29th Dec. 1838. Pam. 166. Whereas, the above named section is in the following words: Any person who shall conceal, harbor, or hide, or cause to be concealed, harbored or hidden, any slave, to the injury of the owner thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not exceeding the value of the slave, or impris¬ onment in the common jail of the County, or both, at the discretion of the Court. And whereas, the above recited part of said section, requires amendment: Concealing, 287. Sec. I. Be it enacted, That the above recited clause of the ftc^iave' section of the thirteenth division of the Penal Code of this i to 3 years State, be, and the same is hereby repealed; and in lieu thereof the peni' following be adopted and received: Any person who shall conceal, harbor, hide, or employ, in their own, or in the service of any other person or persons, any slave, to the injury of the owner thereof, shall be guilty of a high misdemeanor, and on conviction thereof, shall be punished by imprisonment and labor in the penitentiary of this State, for a time not exceeding three years, nor less than one year, at the discretion of the Court. Sec. II. The proviso immediately next following the first recited clause in the ninth section of the thirteenth division of the Penal Code aforesaid be, and the same is hereby declared in full force and virtue. An Act to prohibit from sale or gift, all printed or written boohs, papers, pamphlets, writing paper, ink, and. all other articles of stat ionery of any kind whatsoever, to any slave or free person of color in this State; and to punish those who may violate the provisions of this Act.—As¬ sented to lltli Dec. 1841. Pam. 139. giving or 288. Sec. I. Be it enacted, That from and afterthe passing of this Act, if auy shop keeper, store keeper, or any other person or persons vj slaves, whatsoever, shall sell to, give, barter, or in anywise furnish or allow to be furnisded by any person in his, her or their employment, any slave, negro, or free person of color, any printed or written book, pamphlet, or other written or printed publication, writing paper, ink, or other articles of stationery,'* for his, her or their use, or for the pur¬ pose of sale, without written or verbal permission from the owner, ♦As to insurrectionary publication?;, see see. 27. See -Jsi, Slave, PrOv-l-,, &c. sec 114. PENAL LAWS.—The Code—13** Div —1845-'7. 831 Contracts with colored mechanics. guardian, or other person authorized, such person or persons so of¬ fending shall, upon conviction thereof, pay a fine of not less than ten i8toffence, dollars, nor more than fifty dollars, for the first offence, and upon con-fine* viction for a second offence, be subject to a fine and imprisonment in the »i offence, common jail of the County, at the discretion of the Court, not to flaeaadunP' exceed sixty days' imprisonment, and five hundred dollars fine. Sec. II. All laws and parts of laws militating against this Act, b6 and are hereby repealed. An Act to -prollibit colored mechanics and masons, being slaves, or free persons of color, being mechanics or masons, from making contracts for the erection of buildings, or for the repairs of buildings, and de¬ claring the while person or persons directly or indirectly contracting with or employing them, as well as the master, employer, manager or agent for said slave, or guardian of said free person of color, au¬ thorizing or permitting the same, guilty of a misdemeanor, and prescrib¬ ing punishment for violating this Act.—Approved Dec. 27, 1845. Pam. 49. 289. Sec. I. Be it enacted, That from and after the first day of contract* t« February next, each and every white person who shall thereafter pair houses contract or bargain with any slave mechanic, or mason, or free per- ^cha^cT.'*1 son of color, being a mechanic or mason, for the erection of any building, or for the repair of any building, whether the same be done directly or indirectly with said slave mechanic or mason, or free per¬ son of color, being a mechanic or mason, shall be liable to be indict¬ ed for a misdemeanor, and on conviction, to be fined at the discre¬ tion of the Court, not exceeding two hundred dollars—which fine, when collected, shall be paid over to the Inferior Court of the Coun¬ ty in which the case was tried, for the uses of the County. 290. Sec. II. The master of said slave mechanic or mason, or Master or the employer, manager or agent for, or guardian of, said free person knowing^ of color, being a mechanic or mason, who shall knowingly authorize or Permitttng!t» permit, directly or indirectly, in contravention of the spirit and in¬ tention of this Act, such slave mechanic or mason, or such free per¬ son of color, being a mechanic or mason, to make such contracts as are contemplated in the first section of this Act, shall be liable to indictment for a misdemeanor, and on conviction, shall be punished punished by by a fine at the discretion of the Court, not exceeding two hundred fano" dollars, to be applied, when collected, to County purposes, as provid¬ ed in the first section of this Act. 291. Sec. III. The Judges of the Superior Courts do give this act to be Act in charge to the Grand Juries. charge!1 An Act to alter and amend the several Acts now in force in this State, regulating the punishment of white persons for gambling with negroes and, free persons of color, and also to regulate the evidence on the tri¬ al for said offence, and for other jrurposcs therein mentioned.—Ap¬ proved Dec. 30, 1847. Pam. 105. 832 PENAL LAWS.—TUB Codk—14/A jT>/w.—>lS33. Gaming with negro—Analysis. i'iayin?or 292. Sec. I. Be it enacted, That from and after the passage of nwoes at"1 this Act, if any white person or persons are found playing and an> game, betting, or playing or betting with a negro or negroes, or free person of color, or free persons of color, at any game with cards, dice, 01* any other game or games of chance or hazard, for the purpose of betting upon, or winning or losing money, or any other thing or things, article or articles of value, or otherwise, or any property, or any other article or articles, thing or things of value,1 .may be indict- ist offence, ed, and on conviction thereof, for the first offence, shall be fined in a sum not to exceed one thousand dollars, or imprisonment in the com¬ mon jail of the County where the offence may be committed, not to exceed six months, or fine and imprisonment both, at the discretion 2d offence, of the Court; and upon the second conviction, to be subject to im¬ prisonment at hard labor in the penitentiary not less than one year, nor more than four years,* oamesneed 293. Sec. II. On the trial of all indictments for said offence, proved. the prosecution shall not be required to prove the game or games played, but shall be required to prove the playing or betting only. Sec. III. All laws and parts of laws militating against this Act b e, and the same are hereby repealed. FOURTEENTH DIVISION. OF INDICTMENTS, ARRAIGNMENTS, TRIAL, VERDICT, JUDGMENT, AND EXECUTION. Sec. 294. Indictment—form. " 295. Exceptions. " 296. Costs on malicious prosecution. " 297. Costs on acquittals and insolvents. «« -398. Prosecution on presentments. . '< 299. Arraignments—small offences. " 300. Copy indictment and witnesses. * 301. In small offences. " 302. Arraignment. '• 303. Standing mute. " 304. Demurrers—special pleas. " 805. Record at any time. " 306. Entry on indictment. " 307. Fetters—bar-dock. •' 308. Challenges. " 309. Jury—law and fact—new trial. '• 310. Trial—continuances. " 311. Demand for trial. " 312. Nolle prosequi. " 313. Juror s oath. " 314 Witnesses' oath. " 315. Before Grand Jury—prosecution. " 316. Several imprisonments. " 317. Fines—disposition of. " 318. Paid immediately. " 319. Recommendation of Jury. " 320. Conveyance of convicts. re^,e General to prosecute on all presentments of Grand Juries, where eeotments. sucb presentment or presentments is or are for offences indictable by law ; and the endorsement on the indictment by the Attorney or So¬ licitor General, that the same is founded ton the presentment of a Grand Jury, shall be sufficient, without any prosecutor's name ap¬ pearing on the indictment. Arraipim'ts; 299. Sec. VI. No person indicted, unless it be for an offence °f which may on conviction subject him or her to death, or imprison¬ ment in the penitentiary for the term of three years or more, shall be put for his or her arraignrrlent in the bar dock, or other place set apart in the Court room for the arraignment of prisoners, copy of in- 300. Sec. VII. Every person charged with a crime or offence ?il7of'witnd which may subject him or her on conviction to death, or imprison- wsTinhigb 1^nent *n ^ie penitentiary for the term of three years or more, shall truces, be furnished previous to his or her arraignment with a copy of. tl|e, indictment, and a list of the witnesses who gave testimony <• before the Grand Jury. a : in ?maii ca- 301. Sec. VIII. Every person charged -with' an offence shall, at on"request? his or her request, or the request of .his or her counsel, be furnished with a copy of the indictment, and a list of the witnesses who gave evidence before the G/and-Jury. Form of ar- 302. Sec. IX. Upon the arraignment of a prisoner, the indict- raignment. ment shajl be read to him or her, and such prisoner shall be requir- egLto answer whether he or she is guilty or not guilty of the offence Piea. charged in the. said indictment, which answer or plea shall be made * orally by the prisoner, or his or her counsel; and if he or she shall "*piea of plead guilty, such plea shall be immediately recorded 011 the minutes gmity. ^ Qourt by tbe Clerk, together with the arraignment; and the Court shall pronounce upon such prisoner the judgment of the law, in the same manner as if such prisoner had been convicted of the offence by the verdict of a Jury ; but at any time before judgment waybe is pronounced, such prisoner may withdraw the plea of " guil- withdrawn. y ^ p]ea(j not guilty, and such former plea shall not be given in evidence against him or her on his or her trial, standing 303. Sec. X. If the prisoner upon being arraigned shall plead ptoadnfg not" not guilty," or shall stand mute, the Clerk shall immediately re- gmity. cord upon the minutes of the Court, the plea of not guilty, together . with 1 he arraignment, and such arraignment and plea shall constitute the issue between the prisoner and the people of this State. demurrers 304. Sec. XI.' If the prisoner upon being arraigned shall demur pieas^o'3' to the indictment, or plead to the jurisdiction oi" the Court, or in betnwnt'g. abatement, or any special plea in bar, such demurrer or plea shall be * •• ' or on thn subject. Act of l8.>0, cec. 110, of thi.- tlile. PENAL LAWS.—The Code— Uth Div.—1833. 835 letters—Challenges—Jury judges. made in writing; and if such demurrer or plea shall he decided against such prisoner, then such prisoner may nevertheless plead apd rely on the general issue of not guilty. 305. S ec. Nil. If the Clerk shall fail or neglect to record the issucmaybe arraignment and plea of the prisoner at the time the same is made, it £rwardlaf~ may and shall be done at any time afterwards by order of the Court, and this shall cure the error or omission of the Clerk. 306. Sec. XIII. The arraignment and plea or answer of the To^be^ntcr- prisoner shall be entered on the indictment by the Atforney or So- dictmentl licitor General, or other person acting as prosecuting officer on the part of the people of this State. 307. Sec. XIV". No prisoner shall be brought into Court for ar-rnsonorsno* raignment or trial, tied, bound or fettered, unless the Court shall raigned in - deem it necessary during his or her arraignment or trial: And if the 'ctiUfs- health of the prisoner, or other circumstances should render it more convenient to the prisoner and his counsel that he or she should not be placed for his or her arraignment, or during his or her trial, with¬ in the bar-dock, or other place assigned in the Court room for d^plnse prisoners, the Court may grant the indulgence of removing the pris- jn oner to any other place in the Court-room, or contiguous to it, re- i>ar-oi»t«i pursuant to such sentence, and the same shall stand in full force, the presiding Judge of the Superior Court where the conviction wastorwa,fc,u. py iaw py imprisonment and labor in the penitentiary, or for a timehiot exceeding one year, the person convicted of snch attempt shall be punished by fine not exceeding five hundred dollars, or im¬ prisonment in the common jail, or both, at the discretion of the Court. if fine $590 357. Fifth.—If the offence attempted to be committed be punish- . Jail o* botii. able by law, by fine not exceeding five hundred dollars, or imprison¬ ment in the common jail, or both, the person convicted of such ah tempt, shall be punished by fine, or imprisonment in the common; jail, at the discretion of the Court. Acts repeal- 358. Sec. II. The following Acts and parts of Acts, that is to gay —An Act entitled " An Act declaring that to murder any free Indian in amity with this province is equally penal with the murder of any white person, and that to rescue a prisoner committed for such offence is felony"—passed on the 20th day of June, 1774 ; an Act entitled " An Act more effectually to prevent the evil practice of stabbing," passed on the 26th day of Nov. 1802; the 4th, 5th, 20th and 22nd sections of an Act entitled " An Act to carry into effect the penal code of this State, and the penitentiary system founded thereon"— passed the 19th day of Dec. 1816; an Act entitled "An Act to amend the penal code of this State"—passed the 20th day of Dec. 1817 ; an Act entitled " An Act to repeal the Act passed on the 16th Dec. 1811; and'the Act passed on the 19th Dec. 1816, on the subject of the penal code of this State, and to amend the Act passed on the 20th Dec. 1817, entitled an Act to amend the penal code of this State" PENAL LAWS.—The Code—15/A Div.—1833. 845 Acts repealed. —passed on the 19th Dec. 1818, except the 7th section thereof; an Act entitled " An Act to amend an act entitled an Act to amend the penal code of this State, passed on the 20th day of Dec. 1817,," passed on the 18th Dec. 1819 ; the first section of an Act entitled " An Act to alter and amend the penal code of this State, passed on the 20th day of Dec. 1817," passed on the 20th day of Dec. 1820 ; an Act entitled " An Act to alter and amend an Act passed on the 20th day of Dec. 1820, entitled an Act to alter and amend the penal code ol this State, passed on the 20th day of Dec. 1S17,"—passed on the 23d Dec. 1822 ; an Act entitled " An Act to amend the 12th section of the 9th division of the penal code of this State," passed on the 22d Dec. 1828 ; an Act entitled " An Act to alter and amend the 8th and 9th sections of the 9th division of the penal code, passed the 20th Dec. 1817,"—passed on the 22d day of Dec. 1829 ; an Act en¬ titled " An Act to amend the penal code passed irUhe year 1817," passed the 21st day of Dec. 1829 ; the .10th and 11th sections of an Act entitled "An Act to amend the several laws now in force in this State regulating quarantine in the several sea ports of this State, and to prevent the circulation of written or printed papers within this State, calculated to excite disaffection among the colored people of this State, and prevent said people from being taught to read or write, &c. &c."—passed the 22d Dec. 1829; an Act entitled " An Act to prohibit the employment of slaves and free persons of color in 'the setting of types in printing offices in this State," passed the 22d of Dec. 1829 ; the 1st, 4th, 6th and 7th sections of an Act entitled " An Act to alter and amend an Act to prohibit slaves from selling certain commodities therein mentioned," passed the 19th Dec, 1818; the 2d, 3d, and 9th sections of an Act entitled " An Act to regulate the licensing of physicians to practise in this State," passed the 24th ,Dec. 1825 ; the third section of an Act entitled " An Act for regulat¬ ing taverns and reducing the rates of tavern licenses," passed the 24th Dec. 1791; the first section of an Act entitled " An Act supplemen¬ tary to an Act entitled an Act respecting bastardy and other immorali¬ ties," passed the 26th Nov. 1802; the 5th section of an Act entitled "An Act to regulate taverns, and to suppress vice and immorality," passed the 14th Aug. 1788 ; and all other Acts and parts of Acts mil¬ itating against this Act be, and they are hereby repealed, from and after the 31st day of May next. S4G PENAL LAWS.—Offences not in Code—1812. Burying grounds. ARTICLE n.—OFFENCES NOT EMBRACED IN THE CODE OR AMEND¬ MENTS THERETO. * 1.—BURYING GROUNDS. Sec. 359. Preservation of. " 360. Injury to, a misdemeanor. " 361. Official sales 2.—CHANGE BIELS. " 362. Repeal of Act of 1840. " 363. Making and issuing. " 364. Each bill, new offence. " 335. Dutv of Grand Jury, Solicitor, artd Judge. " 366. Innocent holders. 3.—DEADLY WEAPONS. " 367. Sale and carrying prohibited. " 368. Violation, misdemeanor. " 369. Duty of civil Officers. " 370. Exceptions to the Act. " 371. Imprisonment. 4.—FRAUDULENT LEVIES. " 372. Levies on estrays, conveyance. 5.—GUNPOWDER PACKAGES. " 373. Mark, when transported. Sec. 374. Forfeiture. 6. INTERFERENCE WITII RAIL-ROADS. " 375. Intruding upon It. R. " 376. Injuring or aiding therein. 7.—INTERFERENCE WITH RKLIGIOU8 WOR¬ SHIP. j " 377. Disturbing, fine & imprisonment. •' 379 Sale of liquors. " 380, Proceedings vs. offenders. « 381. Fine $10 to $50. 8.—VAGRANTS. " 382. Criminals from other States. 9.—VICE AND IMMORALITY. " 383. Working on Sabbath day. " 384. Games and sports forbidden. " 385. Public houses kept shut. " 386. Constables to examine. " 387. Writs served on Sabbath. " 388. Defence. 1. BURYING GROUNDS.—1842. An Act to protect private Burying Grounds from injury and de¬ struction.—Assented to 27th Dec. 1842. Pam. 38. Burying 359. Sec. I. Be it enacted, That from and after the passage of Cd°re^nredy this Act, that whenever any vender of real estate, upon which there is a burying ground situate, shall choose to reserve the same from sale in the deed of conveyance; the purchaser or.purchasers under him, shall not be permitted to infringe in any manner, upon the same, but shall preserve, and as far as possible, protect the same from both injury and destruction. injuries to, a 360. Sec. II. Should any person or persons, by themselves and nusdwaea- servants, mutilate, or in, any wise injure and destroy the same, he, she or they shall be guilty of a trespass : and when found guilty up¬ on an indictment, shall be subject to a fine of five hundred dollars. *There are many penal enactments so intimately connected with other provisions of a Statute, as not to be capable of separation. These will be found throughout this work. The compiler refers to a few prominent ones— . Detaining a Will, see '-Executors, Administrators, &c." Sec. 64. Interference with coast surrey. See that tide. Interference with Magnetic Telegraph. See that title, sec. 2. Offences by Peddlers. See " Peddlers." Offences by deiaulting Officers. See " County Officers " Running freight trains on Rail-Road on the Sabbath day. See " Internal Transpor¬ tation," subdivision " Rail Roads," sec. 15. Also, sec. 16, as to carrying slaves with¬ out permits. ' Penalty for using false " Weights and Measures." See title " Agriculture and1 Com¬ merce," subdivision, " Weights and Measures." Penalty for harboring seamen. See same title, subdivision, " Seatr.cn and Ma¬ riners." For Act in relation to certain shows and exhibition, see title " Counties." Obstruction of rivers. See "Rivers." Stopping a ford. See "Roads," See. sec. 67. Failing to deliver to Jailer fugitive slave within four days after arrest. See " Slaves, Patrols," &c., : cc 182. PENAL LAWS.—Offences not in Code—1841-'42. 847 Change bills. 361. Sec. III. Whenever real estate shall hereafter be sold s»w,byof- by any Sheriff, Marshal, Coroner, administrator, or executor, a res-ficersoflaw' ervation of the burying ground shall be made ; and all trespasses up¬ on the same, shall be liable under the second section of this Act. 2. CHANGE BILLS.*—1841—'42. An Act to repeal the second and third sections of an Act entitled an Act to repeal an Act entitled an Act to alter and amend an Act enti¬ tled an Act more effectually to secure the solvency of all the Banking Institutions in this State, as passed on the %Ath day of December, 1832, assented to 21st December, 1833, assented to 23d December, 1840, and to prescribe the pains and penalties against private banking and the issuing change bills, and for other purposes there¬ in mentioned. f—Assented to Dec. 10th, 1841. Pam. 133. 362. Be it enacted, That the second and third sections of the aa and 3d above recited Act be, and the same are hereby repealed ; and that all persons or corporations who may have incurred the pains and pen-rep6a'ed cities of the second and third sections of said Act be relieved from the same. 363. Sec. II. Any person or persons, body corporate or politic, Making and who may hereafter make, issue, circulate, pay or tender in payment^ change'wus. any check, order, draft or bill for the payment of money, or other thing having the form or similitude of a bank note, or having the form or similitude, and intended to be used and circulated as money or circulating medium, except such banking institutions and corporations as by law are authorized to issue notes or bills for circulation, shall be liable to indictment as for a misdemeanor, and Misdemeaa- oil conviction shall be punished by fine or imprisonment in the com.-"'' moil jail of said County, or both, at the discretion of the-Court.§ 364. Sec. III. The making or-issuing each check, order, draft each bin a or bill, for the payment of money or other thing having the form or novvotteaw' similitude of money, to be used and circulated as money or circulating medium, shall be considered and held as a separate and new offence ; and that in case of the issuing or circulating of said checks, orders,drafts or other thing having the form or similitude of money, by any corpora¬ tion or body politic, the officer or member of said incorporation or offirew.v-d body politic, or the person signing said checks, orders or other things having the form or similitude of money, or intended to be used as money, shall be liable to the provisions and penalties of this Act. 365. Sec. IV. It shall be the duty of the Grand Juries of the but?ofg. several Counties of this State to notice and present both individualsJun68, and incorporations for every violation of the provisions of this Act, and the Solicitor Generals to prosecute upon such presentments; ^ to insure the execution and enforcement of the provisions of this Act, Judgca. it shall be the duty of the Judges of the Superior Courts of this State, ♦For Acts in reference to Coin, see Title " Coin and Currency." +Fou all Acts in reference to private banking—see title " Banks and Banking." Aa -to •• Post Notes," sec came title. jBut. .-ce next Act. SAl -o '.axed. See " Tax," see. 132. 848 PENAL LAWS.—Offences not in Code—1837-M2. Change bills—Deadly weapons. at the opening of each Court, to give the provisions of this Apt spe¬ cially in charge to Grand Juries ; and that all laws and parts of la\^s militating against the provisions of this Act be, and the same ace hereby repealed. An Act to amend the laws of this State regulating the circulation oj Change Bills, and to repeal so much thereof as makes it penal and criminal for innocent holders of such bills to pass or circulate the same.—Assented to 28th Dec. 1842. Pam. 39. innocent 366. Sec. I. Be it enacted, That from and after the passage of embraced^ t^1^s Act, all laws of this State, making it penal or criminal for inno¬ cent holders of change bills to pass or circulate the same, .be, and the same is hereby repealed : Provided always, That no part of this Act shall be so construed, as to relieve the makers of change bills from the penalties of the law. Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed.. [Statute omitted as superseded. Act of 1840. Pam. 28.] 3. DEADLY WEAPONS.—1837-45. An Act to guard and protect the citizens of this State, against the unwarrantable and too prevalent use of deadly weapons.—Assent¬ ed to 25th Dec. 1837. Pam. 90. nowie 367. Sec. I. Be it enacted, That from and after the passage of ?o"l&c.,,is this Act, it shall not be lawful for any merchant, or vender of wares or »oid o"car6 merchandize in this State, or any other person or persons whatsoev- ried. er, to sell, or offer to sell, or to keep, or to have about their person or elsewhere, any of the hereinafter described weapons, to-wit: Bowie or any other kind of knives, manufactured and sold for the purpose of wearing, or carrying the same as arms of offence of de¬ fence; pistols, dirks, sword canes, spears, &c., shall also be contem¬ plated in this Act, save such pistols as are known and used as horse¬ man's pistols, &c.1 violation,- 368. Sec. II. Any person or persons within the limits of this LntcanorS" State, violating the provisions of this Act, except as hereafter except¬ ed, shall for each and every such offence, be deemed guilty of a high misdemeanor, and upon trial and conviction thereof, shall be fined, in a sum not exceeding five hundred dollars for the first of- lst offence fence, nor less than one hundred dollars at the direction [discretion] of sa oflence. the Court; and upon a second conviction, and every after convic¬ tion of a likeoffence, in a sum not to exceed one thousand dollars, nor less than five hundred dollars, at the discretion of the Goilrt.* ' *But see next Act. (1.) This whole Statute considered and declared unconstitutional so far as it prohibits the carrying of weapons; and constitutional, as it prescribes the mode of carrying them. 1 KeVj, 2 i'J. PENAL LAWS.—Offences not in Code.—-1837—'45. S49 Deadly weapons—Fraudulent levies. 369. Sec. III. It shall be the duty of all civil officers, to be vis;- duty of civ- ll oiiicci'si ilant in carrying the provisions of this Act into full effect, as well also as Grand Jurors, to make presentments of each and every offence un¬ der this Act, which shall come under their knowledge. 370. Sec. IV". All fines and forfeitures arising under this Act, exceptions shall be paid into the County Treasury, to be appropriated to County a"™ tbe purposes: Provided nevertheless, that the provisions of this Act shall not extend to Sheriffs, Deputy Sheriffs, Marshals, Constables, Over¬ seers or Patrols, in actual discharge of their respective duties, but not otherwise : Provided also, that no person or persons, shall be found guilty of violating the before recited Act, who shall openly wear, externally, bowie knives, dirks, tooth picks, spears, and which shall be exposed plainly to view: And provided nevertheless, that the provisions of this Act shall not extend to prevent venders, or any other persons who now own and have for sale, any of the aforesaid weapons before the first day of March next. Sec. V. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to alter and amend an Act to guard and protect the citizens of this State against the unwarrantable and too prevalent use of deadly weapons, passed on the 25th day of December, 1837.—Ap¬ proved Dec. 8th, 1845. Pam. 26. 371. Sec. I. Be it enacted, That from and after the passage of imprison- f this Act, instead of the penalty against the offences mentioned in "iStmed said Act, and which are prescribed in the second section, the Courtfortme* may, in its discretion, substitute that of imprisonment in the com¬ mon jail of the County where the offence was committed; on con¬ viction for the first offence, the imprisonment to consist of a term of not less than one month, nor more than two months, and upon a sec¬ ond conviction and every after conviction for a like offence, the im¬ prisonment to consist of a term of not less than two months nor more than four months. Sec. II. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. 4. FRAUDULENT LEVIES—1837. An Act to point out and punish certain frauds therein specified, and to render null and void such conveyances and transfers, as may be thereby obtained.—Assented to Dec. 25, 1837. Pam. 117. 372. Sec. I. Be it enacted, That any person or persons Lev,^ ofl who shall, after the passing of this Act, fraudulently cause to be ®nd va«ant levied on by any process or execution, distress or attachment, any estray animal, or any lot or lots of land, knowing the same not to be subject thereto, shall be guilty of a misdemeanor, and on indictment 107 850 PENAL LAW?.—Offences not in Code—1831-'37. . ^ ' ■ v-m: Gunpowder packages—Interferences with lvailroads. ,.i , , 1.1 -i.i iwr ^ i»t offence, and conviction thereof, such person or persons shall, for the firsfc&ft fence, be fined and imprisoned at the discretion of the Court; and, -d i,lTencc- for a second offence under this Act, the person or persons convicted, shall be punished by confinement and at hard labor in the penitentiary, for any time not less than two years, nor longer than four years.* (vnvvinces Sf.c. II. Any and all conveyances or transfers, obtained under any such levy or levies, shall be null and void. 5. GUNPOWDER PACKAGES—1831. An Act to regulate the transportation of Gunpowder, and to author¬ ize the forfeiture of such as shall he transported in violation of the provisions of this Act.—-Approved Dec. 26, 1831. Pam. 171. gunpowder 373. Sec. L From and after the passage of this Act. it shall be on ea"harked the duty of all o wners, agents and others, who may or shall have package. any gunpowder, exceeding in quantity five pounds, transported upon the waters, or within the limits of this State, to have the word gun¬ powder marked in large letters upon each and every package which may or shall be so transported, onpninoi 374. Sec. I!. All gunpowder exceeding five pounds in quantity, foricnure. which shall hereafter be transported or engaged for transportation upon any of the waters or within the limits of this State, without • being marked as directed in the first section of this Act, shall be li¬ able to seizure and forfeiture—one-half to the informer, the other for the use of the volunteer companies most convenient or contigu¬ ous to the place of seizure or forfeiture. Sec. III. All laws or parts of laws militating against this law, are hereby repealed. 6. INTERFERENCE WITH RAIL ROADSt—1837.. An Act to make penal, and to punish any unlawful intrusions upon, or interference with, or molestation of, Rail Roads-in this State. Assented to Dec. 25, 1837. Pam. 203. Whereas, the safety of passengers travelling on Rail Pleads, re¬ quires the strictest- penal prohibitions to unauthorized persons in auy manner interfering with such Roads, or their appurtenances, or placing obstructions upon or moving, touching, or altering the gates, rails, switches, or other appendages of said Reads: uponaksr ^75. Sec. I. - Be it enacted', That if any person or persons shall "intrude upon any Rail Road in this State, constructed by apy char¬ tered Company, or any part thereof, contrary to the will of the Com¬ pany owning said Road, the person or persons so intruding, shall dnd *Eqr Act requiring the taker up to claim, see title " Estrays," sec. 28. Persons selling estrays for their own use, forfeit double the value. See " Estrays," sec. 2. tFor special Act in reference to Western and Atlantic Rail Road, see "Internal Transportation," Art I. " State Reed." eee. 23. PENAL LAWS.—Offences not in Code.—1792-1808. 851 Interference with Religious worship. may be indicted as for a misdemeanor, and upon conviction, fined Misdemea- or imprisoned, or both, at the discretion of the Court. * flor" 370. Ssc. II. If any person shall wilfully and maliciously de- Destroying stroy, or in any mariner hurt, damage, injure or obstruct, or shall wil- or obstruct fully and maliciously cause., or aid and assist, or. counsel or advise any other person or persons to destroy, or in any manner to hurt, damage or injure, or obstruct any such ,It ail Road, or any branch thereof, or any bridge connected therewith, or any vehicle, edifice, right or privilege granted by charter, and constructed for use under authority thereof, or if any unauthorized person or persons shall turn, move, or in any manner interfere or meddle with any gate, switch, sideling, or other appurtenance to any such Rail Road, such person or persons so offending, shall-and may be indicted, and oniony conviction, shall be imprisoned at hard labor in the penitentiary, for a term of years, not less than four nor longer than eight, and shall 4 to 8 years further be liable for all civil damages occasioned by any such act: cmi dam- and if death to any passenger, or other person on said Rail Road shallages" ensue,-from £tny such act, such act or offence shall be deemed and ensue, held to be murder, and shall be punished accordingly. er' 7. INTERFERENCE WITH RELIGIOUS WORSHIP—1792—1841. An Act to protect Religious Societies in the exercise of their Religious Duties.—Approved Dec. 13, 1792. Yob I. 396. 377. Sec. I. If any person or persons whomsoever shall interrupt Persons n*- or disturb any congregation of white persons assembled at any church, gious wor- chapel, or meeting-house, or any other place for public worship, during the time of divine service, it shall be the duty of any Justice ^mittodto of the Peace, Sheriff, Constable, or any civil officer of the County, jaiitcudays. being present where the offence shall be committed, to take the person or persons so offending into custody; or on complaint made by any person on oath, to issue a warrant against -him or them so offending; [Remainder of this section superseded.] 378. Sec. II. And no congregation or company of negroes shall, under pretence of divine worship, assemble themselves; An Act to amend the foregoing.—Approved December 22,) 1808. Vol. II. 480. 379. Sec. I. It shall not be lawful for any person to sell, or ^ intoxica- cause to be sold, any wine, cider, beer, whiskey, gin, rum, or brandy, or wit* any other intoxicating liquors, within one mile of any meeting-house, placeof wor- or other place set apart or publicly resorted to for divine worship,chil>- during the time appropriated to such worship. Sec. II. [Superseded.] An Act to amend cin Act entitled an Act to protect Religious Societies in the exercise of their religious duties, approved December 13, 852 PENAL LAWS.—Offences not in Codf..—1788. Vagrants. 1792, and an Act to amend the foregoing Act, approved December 22d, 1S0S.—Assented to, Dec. 11, 184L Pain. 137. violation of 380. Sec. 1. Be it enacted, That if any free white person shall inudemea-' violate the provisions of the before recited Acts, it shall be deemed "«• and held in law a misdemeanor, and shall be indictable in the Supe¬ rior Courts of this State, as in other criminal cases; and it shall be the duty of the Justices of the Peace to bind the offenders to be and appear at the Superior Courts of this State, as in other criminal cases. Fine $10 to 331. gEC< jl. if any free white person shall be convicted for a violation of the aforesaid Acts, he shall be fined in a sum not ex¬ ceeding fifty dollars, nor less than ten dollars. 8. "VAGRANTS.* An Act to amend an Act entitled uan Act for the punishment of Vagabonds and other idle and disorderly persons." Passed the 29t/r\ day of February, 1764. Approved Feb. 1,1788. Vol. I. 568. Secs. I. and II. [Superseded by the Penal Code—see " Penal Laws," sec. 244.] And whereas, it may be that some evil disposed persons, after hav¬ ing committed some felonious crime against the laws and good or¬ der of some one of the States of the Union, and after being appre¬ hended and found guilty of the charge, so far as to be committed to jail, or to have been bound in a recognizance to appear before any Court of record for further trial, and have since either broke jail or from the custody of the officer, or have forfeited their recognizance, and have fled from the laws of the State where the crime was com¬ mitted, and have come to this State for refuge, to the great prejudice of the same: criminals 382. Sec. III. Beit enacted, That any person now within the rtherlmes limits of this State, or that may hereafter come within the same, e" rant, order, judgment, or decree at all. And in case any person or discharged persons shall be imprisoned or detained in custody by any writ, pro¬ cess, warrant, order, judgment, or decree, so served or executed up¬ on the Lord's day, upon motion, or petition made to the Chief Justice, or any one of the assistant Justices, for the time being, it shall be lawful for the Chief Justice, or assistant Justice or Justices, and he or they are hereby authorized and required immediately to order such person or persons to be discharged out of prison and custody, and to be clear not only from such writ., process, warrant, order, judg-' ment, or decree so served on the Lord's day, but also from all and every other writs, process, warrant, order, judgment, or decree, served or executed upon any person during the time of the "said person's be¬ ing imprisoned or detained upon the account of any such writ, pro¬ cess, warrant, order, judgment or decree, so served or executed on the Lord's day, and such person shall be allowed by the said Chief Justice or assistant Justices, such reasonable time as he or they shall think fitting to return to his home or habitation, free from any arrest or hindrance whatsoever in civil matters. *For enactment against keeping open tippling-houses on the Sabbath day, sec sec» 221. Running freight trains on railroads on the Sabbath day, see " Internal Trans¬ portation," Art. I. " Railroads," sec. 15. f Attachments and bail process may be served on the Sabbath, on oath made by plain¬ tiff that if not so done, be apprehends the loss of the debt. See Judiciary, sec. 97. PENAL LAWS.—CRIMINAL Proceedings.—18G2-'16. 855 Analysis—Iron letters. ,388. Sec. IX. If any action, suit, or information shall be com-in what menced against any person or persons for what he or they shall do in pursuance or execution of this Act, such person or persons so sued may plead the general issue, (not guilty,) and upon issue joined, plu~ give this Act and the special matter in evidence. And if the plain¬ tiff or prosecutor shall become nonsuit, or suffer discontinuance, or if a verdict pass against him, the defendant or defendants shall recov¬ er his or their treble costs, for which he or they shall have the like remedy as in any case where costs by law are given to the - de¬ fendant. Sec. X.' [Directing that this Act shall be read at places of pub¬ lic worship—obsolete.] An Act to regulate Taverns, and to suppress Vice and Immorality. —Approved August 14, 1786. Vol. I. 255. [Repealed by the Act of 1791, Vol. I. 445. and of 1817 and 1833.J the Penal Codes ART. III. ACTS RELATIVE TO PROCEEDINGS IN CRIMINAL CASES NOT EMBRACED IN THE CODE. * Sec. 389. Prisoners not to be put In irons. 390. Bond to prosecute. 391. Defect in mittimus. 392. Seizing effects for costs. 393. Sufficiency to betaken. 394. If convicted, lien on property. 395. Medical aid, &c. for prisoners. 393. Penalty for neglect. 397. Jailers' fees. 398. Sheriffs' lien on County funds. 399. Evidence in criminal cases. . 400. Sent with petition. 401. Lien for costs. 40'2. Judgment on conviction. 403. Officers' accounts. 40i. Execution therefor. 403. Not payable till conviction. 403. Proceedings on bonds to keep; peace. 407. Lien for costs. 408. Judgment on escape. 409. Officers' accounts. 410. Execution to issue. 411. Forfeiture of Bail Bond. 412. Scire fa-ciai—proceedings. ■ 413. Surrender by surety. 414. Bail only twice. 415. Pauper criminals—discharge. 4-16. Clerk's lien on line money. 417. Two "no bills," a bar. 418. Unless by fraud. _ 419. 3d, on special cause. 420. Settlement by parties. 421. On payment of costs. 422. Import' nt cases-—consent of Court. 423. Misconduct of Solicitor General. 424. Evidence on peace warrants. An Act to enable the Corporation of Savannah to collect certain fines vested in them bj laic, and to levy a tax on Vendue Masters, in the said City, and to protect persons confined in J a i L—Approved Nov. 26, 1802. Vol. II. 67. 389. Sec. III. From and after the passage of this Act, no Jailer Prisoners shall put any person into irons, unless he is confined for a capital offence, and it is so expressed in the warrant. •As to security to prosecute, see "Insolvent Debtors," 7. Witnesses' fees in criminal cases, see "Evidence," sec. 39. Discretion of Justices of the Peace as to costs, see " Justices of the Peace," sec 14. Arrest of itinerant persons, see "Judiciary," Art. IJI. "Action," "Bail," sec. 87. 856 PENAL LAWS.—Criminal Proceedings.—1803--'11. Defects in Mittimus—Bond. An Act-to a-uthorize the Justices of the Inferior Courts of this State, to discharge insolvent debtors confined by process from any Court of this State whatever, and to authorize Magistrates to require bond to prosecute in criminal cases *—Approved Dec. 10, 1803. Vol. II. 147. And whereas, it often happens that prisoners, debtors, and crimi¬ nals, are committed and sent to jails in other Counties than those to which they belong, and in which they ought of right to be confirii ed, to the great injury of the County to which tliey are so commit- , ted, as the criminals in particular are frequently lelt there without prosecution. bond to pro- 390. Sec. II. Be it therefore enacted, That from and after the criminal passing of this Act, it shall not be lawful for any Magistrate to com- cases" mit a criminal to jail for any offence against the State, without first compelling the prosecutor to give bond and security to prosecute, ac¬ cording to law. [For remainder of the Act, see " Insolvent Debtors," sec. 7.] An Act amendatory of the seventh section of the Judiciary Act, pass¬ ed the 16th day of February, 1799.—Approved Dec. 22, 1808. Vol. II. 451. Whereas, instances are frequent of notorious felons and others escaping from justice, from a defect of legal precision, and a want of technical form in the mittimus, to the great injury of the communi¬ ty ; for remedy whereof, N^rr 391. Be it enacted, That when a felon or other person, charged charged by with the commission of a crime, shall have been committed lo jail, defect" infthe and shall be brought up before a Judge of the Superior Court, or mittimus. justice or Justices of the Inferior Court, by writ of habeas corpus, he, she, or they, shall not be admitted to bail, or discharged from prison, merely by reason of such defect of legal precision, or want of technical form in the mittimus as aforesaid ; but the Court shall, in all such cases, proceed and determine as if the said mittimus had all the legal and technical form; any law or usage to the contrary provided the notwithstanding : Provided, the felony or other crime of which he, crime with time mid she, or they are accused, together with the time and place, when puiuiy3set and where such felony or other crime have been committed, shall be ll)rUl plainly and clearly set forth in the said mittimus.1 An Act to compel Coroners, Sheriffs, and Constables, to receive secu* rities on certain occasions therein expressed.—Approved Dec. lb, 1811. Vol. III. 139. Sec. I. [See " Judiciary," subdivision. " Claims."] 392. Sec. II. In all cases where any of the aforesaid officer* *This caption substituted for the original, by Act of 1850. Pam. 268. (1.) As to what warrants should sneoifv. see Brady vs. Davis. 9 Ga. F. ~ PENAL LAWS.—Criminal Proceedings.—18 1G—' 18. 857 Costs in capital cases. shall arrest any person charged with a capital offence,* he shall se- Arresting o(- cure so much of the property of the person so charged, if to be had, nai cases"^ as will in his opinion be of sufficient value to defray the expense effe^ufan. incident to such prosecution, Jailer's fees, &c. and make return there- 1116 of to the next Superior Court of the County, and it shall be the du¬ ty of the Judge of said Court to order a sale thereof by the Sheriff, under the same regulations as govern Sheriffs* sales under executions : Provided nevertheless, that the party charged, or his agent, may re-Which may plevy such goods on putting in sufficient security for the delivery of e rtpLvie<1, the same, or payment of all the expenses of said prosecution, con¬ viction, or execution. An Act to provide for the payment of costs in certain cases therein mentioned.—Approved Dec. 13, 1816. Vol. III. 169. Whereas, it frequently happens in this State, that persons prose¬ cuted for offences, not capital, after their arrest, so dispose of their estates as to involve the County where such offences are committed, ill the cost accruing on such prosecution ; for remedy whereof, 393. Sec. I. Beit enacted, That where any person or persons a sufficien- shall be prosecuted for any criminal offence, whether capital or oth- p^,^ erwise, whether grand or petit larceny, whether as accessory be- fore or after the fact, or any "misdemeanor whatever, that itfcenbythe shall be the duty of the officer issuing a warrant to arrest him, her ficeTufcover or them, to direct the arresting officer in writing, under his hand andthe C0!its' seal, to make diligent search for all and singular the estate, both re¬ al and personal, of such person or persons so arrested, or so much thereof as will be in his opinion sufficient for the payment of all le¬ gal costs and expenses that may be incurred in such prosecution: a true schedule of which property so found and secured, the said ar¬ resting officer shall render to the Court to which he returns the war¬ rant, so by him executed, unless the party arrested gives good secu¬ rity to pay the costs which may accrue on the prosecution. 394. Sec. II. In the event of the said person or persons, charg-if found _guu- ed as aforesaid, being found guilty of the offence or offences where- pro^rty8 with he, she, or they were charged, that then and in that case all the property found as aforesaid, together with all and singular the jjje^ f estate or estates, both real and personal, which he, she, or they pos¬ sessed, of his, her, or their own proper right, at the time of his, her, or their arrest, shall, and the same is hereby declared to be subject and bound to the payment of the costs and charges alluded to in the foregoing section, any law, usage, or custom to the contrary not¬ withstanding.! An Act to relieve criminals and other persons confined in the Jails of this State.—Approved Dec. 19, 1818. Vol. III. 163. •Extended to all offences; see next Act. See also, " Evidence," sec. 41. tFormer Acton this subject, VoL I. 256. See also, Act of 1820, sec. 401; 1826, sec, 405; and 1830, see. 407. i no 858 PENAL LAWS.—CRIMINAL Proceedings.—18IP—* 10. McdiciJ. aid—Firo, &e., to prisoners—Slrff's lien on County funds. Whereas, criminals and other persons confined in the jails of tlfs State, are exposed to unnecessary hardship and sufferance, from the want of medical aid, when sick, from the want of firo in cold weath¬ er, and from the want of clothes and blankets, and other comforts necessary to health ; for remedy whereof, the sheriff 395. Sec. I. Be it enacted, §'c. That'it shall be the duty of the Sheriffs of each County, whenever a criminal or criminals, or other person or persons, are confined in the jail of the County of which lie medical aid. jg Sheriff, to furnish or procure medical aid whenever the sickness of the person or persons confined in jail require said aid ; it shall also be the duty of the Sheriff to furnish such person or persons so con- Fire, and fined, with fire, whenever the form of the jail admits of the sank, and the coldness of the weather makes fire necessary to comfort and hpalth ; it shall also he the duty of the Sheriff to furnish such per- Eiankeo, son so confined, with a sufficient quantity of blankets and clothing, for the health and comfort of persons so confined: Provided, the person or persons so confined, have not the power of procuring blankets and clothing themselves; it shall also be the duty of the Ano*ep Sheriff to keep the jail of the County of which he is Sheriff, in that state of cleanliness necessary to health; "Provided, nothing coii- Paving r.s ta tained in. this Act shall be considered as arresting or taking from the trmCofrsa-a corporation of the City of Savannah, the right and control over the vannah. jail of the County of Chatham, now exercised by them under a special Act of this State, if he permits 396. Sec. II. If any Sheriff should by his negligence, permit any for for want criminal or criminals, or other person or. persons, confined ill the jail ttiercaf, 0f County of which he is Sheriff, to suffer in health for want of such medical aid, fire, blankets, clothes and cleanliness, as above pointed out, he shall be subject to indictment for such neglect, and To be fined upon conviction, shall be fined by the Court, in a sum not more than ijigssoo.611 five hundred dollars, which fine shall be paid to the Clerk of the In¬ ferior Court of the County, and made part of the County funds.* jailers' fees. 397. Sec. III. The Jailers of the several Counties of this State shall be allowed to charge the sum of fifty per cent, on all charges heretofore allowed by law. [And see State Officers, sec. 2, and " Pees," sec. 8, and note thereto.] •mesheriff 398. Sec. IV. Whenever the Sheriff of any County shall have imb'xr^r incurred any expense in the performance of his duty, as above prc- outof the scribed, he shall lay before the Inferior Court of the County of which county fuwls . ' J , t> in prefer- he is Sheriff an account of the same, who shall pay the same out ot d]'ier claims any funds belonging to said County, in preference of all other thereon. claims upon said fund whatsoever. An Act to provide for the talcing and recording of the 'evidence given in on all trials for capital offences, and also in all other cases where the party convicted may be sentenced to cotifinemcnt in the. penitentiary for one or more years.—Approved Dec. 9, 1819. Vol. III. '299. fSee further, provisions as to cruelty by Jailers, sec. 168 of this title. PETfAL LAWS.—Criminal Proceedings.—1820—'27. 859 llecord of evidence—Cost in criminal cases. 399. Sec. I. From and after the passage of this Act, it shall be Evidence in the duty of the Judges of the Superior Courts, presiding in any of imil rule's to the cases aforesaid, to take, or cause to be taken down in writing, a memorandum of the testimony of all witnesses who may testify in said cases, which said memorandum taken as aforesaid, in the re- event of conviction and sentence of the party charged, shall be ap¬ proved by the Court, and ordered to be recorded.* 400. Sec. II. In all cases of application for pardon or reprieve, and bo fmt a certified copy of such evidence shall accompany such application. uol" krpar- don or re¬ prieve. An Act to amend an Act to provide for the payment of costs in cer¬ tain cases therein mentioned, passed 13th December, 1816.—This Act passed Dec. 13, 1820. Vol. TV. 202. 401. When any person shall be prosecuted for any criminal of-Property fence, as enumerated in the before-recited Act, that all the property the person or persons so arrested may have in his, her, or their fight at the time of his, lier, or their arrest, shall be deemed and held^£f°f,i10 subject to the payment of all the costs which may have accrued by reason of such prosecution. 402. Sec. II. Tt shall be the duty of the Judges of the Superi-upon «0n- or Courts, m the event of any person or persons being found guilty judgment ^ of any offence as aforesaid, to cause judgment to be entered up for bc c.n!erefL all costs which may have accrued by reason of said prosecution.!1 403. Sec. III. It shall be the duty of ail officers entitled to costs, oncers to on any conviction had as aforesaid, to hand in their accounts into c^n'tiTto ■ the Clerk's office of the Superior Court, within ten days after said ulork conviction.f 404.'Sec. IV. It shall be the duty of said Clerk, within ten clerks to ■>- days after the receipt of the accounts in any case as aforesaid, to is- uon.eA<:cu" sue execution for the amount appearing to be due by reason thereof, directed to .and collected by the Sheriff, as other cases ; Provided, proviso, that nothing herein contained shall be construed as to prevent Courts imprisoning persons found guilty as aforesaid, until all costs are paid. An Act to amend the Penal Code of this State, so far as relates to costs'on indictments.—Approved Dec. 26, 1826. Vol. IV. 288. 405. From and after the passage of this Act it shall not be lawful to demand of defendants, on. any indictments prosecuted ip any of alter oonvk- the Superior Courts of this State, the payment of costs until after con- tlon' viction on said indictment by the Jury. All laws or parts militating against this Act, are hereby repealed. An Act regulating the proceedings on bonds taken for the security of the peace, and for other purposes.—Approved December 24. 1827. Vol. IV. 220. *Similar provision in Code, sec. 315. fSee further, Act of 1830, sec. 108, &c. [1.] See Peters vs. the State. 9 Ga. Pep; S60 PENAL LAWS.—Criminal Proceedings.—1827—'30. Bonds to keep the peace—Costs in ease of escape. Bonds or 406. In all cases where any Judge of the Inferior Court or Justice men™'for of the Peace shall take a bond or bonds for the security of the peace, the peace",fto or whei'e any such Judge or Justice shall commit any person or per- ^e-urned sons charged with an intent to violate the peace* to the common coun by the jail of the County or any other place of confinement, on account of Magistrate, the unwillingness or inability of such person or persons to give such bonds, that then and in such case it shall be the duty of the said Judge or Justice forthwith to make a return of such bond, together with the affidavit or affidavits and other evidence on which the said bond was required, or in case of no bond to make a return of the affidavits and evidence on which the person or persons were com¬ mitted to jail to the next term of the Superior, Inferior, or City Court, which may first thereafter hold their sittings ; and if shall be the du¬ ty of the officer prosecuting for the State in the said Court, on the first day of the said term, or as soon thereafter as he can be heard, to move the Judge or Judges presiding in the said Court to take the same into consideration, and it shall be the duty of the said Judge or Judges, when the case is so presented to him or them, to examine the evidence so returned and presented, and if thereupon he shall be ciJn?suffi °pini°n thut there was no sufficient ground for requiring such grounds for bond, or for the imprisonment of such person or persons,* then and imprison- in such case the said Judge or Judges, are hereby required to cause ^■r"onshtobefhe bond or bonds so taken to be cancelled, or to discharge the said at^tiie1 cast of pers°n or persons from confinement, as the case may be ; and if he the prosecu- shall be of opinion that there was no reasonable ground for requiring such bond or bonds, to order and direct that the prosecutor shall pay all the costs and expenses of the said proceedings, which costs shall be collected and recovered in the same manner as fees of witnesses are ; provided, that if the said Judge or Judges shall have any doubt Additional upon the evidence presented,' he or they may receive additional affi- wuy'he re- davits from either of the parties touching the conduct of the parties ceivcd. in reiation to the causes from which such proceedings originated. An Act to amend the second, third, and fourth sections of an Art, en- titled an Act, to amend an Act to provide for the payment of costs in certain cases, passed the loth day of Dec. 1820, as amenda¬ tory of an Act, entitled an Act to provide for the payment oj costs in certain cases therein mentioned, passed the 13th day of Dec. 1816.—Approved Dec. 21st, 1830. Pam. 123. 407. In all cases, hereafter, that when any person shall be prose¬ cuted for any criminal offence, as enumerated in the Act passed the 13th day of Dec. 1816, that all the property, the person or persons may have in his, her, or their right, at the time of his, her, or their arrest, shall be deemed and held subject to the payment of all costs, which may have accrued, by reason of said prosecution. 408. Sec. II. It shall be the duty of the Judges of the Superior Courts, in the event of any person or persons being found guilty, *But see Act of 1850, sec. i-2i. Property subject for costs from arrest. Judgment for costs to be entered cm convic¬ tion, or es¬ cape. PENAL LAWS.—Criminal Proceedings.—1830-'31. 861 Officers' accounts—Proceedings against Bail. or upon report made to the Court, of an escape from the jail, or from an officer, having in custody any criminal, charged with the com- ■ mission of any criminal offence, as aforesaid, to cause judgment to be entered up for all costs which may have accrued , by reason of said arrest and prosecution, in order to save the County where the offence may have been committed, or the arrest and escape had, from the liability of costs. 409. Sec. III. It shall be the duty of all arresting officers, and officersshaii all others entitled to costs., on any conviction, or on any proceedings accounts foir for the commission of crime, where an escape is made from the jail,costs* or from an officer before confinement in jail, as aforesaid, to hand in their accounts, into the Clerk's office of the Superior Court, with¬ in ten days after conviction or escape of any criminal as aforesaid, .and in all cases where the arresting officer does not levy on a suffi¬ ciency of property of the person or persons so charged, where there is property, which shall be judged of by the Court, he shall not be permitted to take costs from the County, and in receiving of costs, shall be last paid. 410. Sec. IV. It shall be the duty of said Clerk, after the judg- Andexecu- ment of said Court, in cases of conviction, or of the report of the su°e.sto ^ escape of any person or persons as aforesaid, within ten days after the receipt of the accounts, in any case as aforesaid, to issue execu¬ tions for the amount appearing to be due, by reason thereof, direct¬ ed to, and collected by the Sheriff, as other cases : Provided, noth- Proviso, ing herein contained shall be so construed, as to prevent Courts from imprisoning persons found guilty, as aforesaid, until all costs are paid, or release any property which may have been levied on as afore¬ said, where escapes may be effected, either from the jail or an offi¬ cer having in custody any person or persons charged with the com¬ mission of crime. Sec. V. All laws and parts of laws repugnant to this Act, are hereby repealed. An Act to make uniform the proceedings against hail in criminal cases.*—Approved Dec. 26, 1831. Pam. 135. 411. Sec. I. From and after the passing of this Act, when any on the non- person or persons shall enter into any recognizance or obligation,1 for the appearance of another, to answer any indictment, information or tiie re- presentment of a Grand Jury, for any offence committed against the shaii befor- lawsof this State, or who shall be bound in any recognizance, bondfeUe<3' or obligation, to prosecute or to answer to any criminal charge, or to give evidence in any criminal case whatever, and shall fail to produce the body of his, her, or their principal or principals, at the Court, ac¬ cording to the tenor and effect of said recognizance, bond or obliga- *Amended and explained. See next Act. [l.J A bond taken by the Sheriff is such an obligation. 4 Ga. 329, 8G2 PENAL LAWS.—Criminal Proceedings.—lSSl-^. Bail allowed, but twice. tion, when required so to do, then, and in that case, it shall be the duty of the Solicitor General or prosecuting officer to the several Courts of this State, to which said recognizance, bond or obligation shall be returnable, to forfeit said recognizance, bond or obligation in the manner heretofore practised in this State. And -cire fa- 412. Sec. II. It shall be the duty of .the Clerks of the several su^lnd ^ Superior.Courts aforesaid, to issue a scire facias on all forfeited re- en^rednup cognizances, bonds' or obligations, against the principal and security, acue.it term. which shall be served by the* Sheriff or his deputy, under the same rules which govern service of writs in civil cases, returnable to the next Court frofn whence the. scire . facias issued, and if no suffi¬ cient cause shall be shown to the contrary, judgment shall be entered up by motion against the principal and security for the penalty liien- co"d^term ti°necl in said recognizance. bond or" obligation. If good cause be' unless Hud- shown at that term, but not such cause as amounts to an entire discharge L'liiown.^ .°f the principal or his security, the scire facias shall stand to be an¬ swered to in like manner at the next term, and if sufficient cause be not then shown, judgment shall be entered up against the principal and security, after which the parties to' said recoghizance, bond or obligation, shall become absolute debtor^ to the State for the sum or savjnn°tiio Penahy mentioned in said recognizance, bond or obligation,: Provi- a.^demies nothing herein contained shall affect the tights of academies. Security 413. Sec. III. Security shall < be at liberty to surrender their "^atanT" principal in vacation to the Sheriff, or in open Court in discharge of time' themselves from their liability. Sec. IT. All laws militating against this Act, are hereby repealed.' An Act to alter and amend an uAct to make uniform the proceedings against bail in criminal cases."—Approved December 24, 18112. Pam. 116. Whereas, the laws now of force in this State are susceptible of a construction which enables persons in criminal .cases by repeated renewals and forfeitures of their bail bonds and recognizances, to elude and procrastinate their trial, and thereby defeat the ends of justice ; for remedy whereof, SiHw"ca 414. Be it enacted, That from and after the passage of this Act, it mow than shall not be laXvful for any person or persons whomsoever, to give trlaif L °6 bail more than twice for the same offence, before trial therefor. Sec. II. All laws and parts of laws militating against this Act, are hereby repealed. An Art to authorize arid empower the Justices of the Inferior Courts of this ISlate to discharge criminals, or offenders against the law, [1 ] The appearance atone term is not a. discharge of the bond, but until the case is disposed of. 2 Kelly, 1%7. As to re ogn'zance generally, see 2 Kelly, 363. The record should show that the prin¬ cipal wa3 call id and-did not appear, 4 Ga. 329. But tee ISyiecr 'ts. the State, 9, G'». Kep. PENAL LAWS.—Criminal, Proceedings.—1847-'50. 863 Jail fees—Fine money to Clerks. . from jail, in certain crises ; and also to discharge defendants in certain civil cases.—Approved Dec. 29, 1847. Pam. 196. Whereas, it sometimes happens that criminals and offenders against the law are sentenced to imprisonment in the common jail for a definite period, and until all costs are paid by said criminal or offend¬ er; and whereas, it may happen that the criminal or offender, so sen- tenc'ed is unable to pay the costs, the consequence of which is a per- jetual imprisonment of the criminal or offender, at the expense of the County in which he may be imprisoned ; for remedy whereof— 415. Sec. L Be it enactedThat from and after the passage ofCri!™naIS ... , , ... 7 ™ . . , , 1 9 , ■ unable to tins Act, wffen any criminal or offender against the laws oi this payjaii fees State shall be so confined m any of the jails thereof, under a sen-may dis¬ tance of imprisonment for a definite period and until all costs arecharge- paid, and the said criminal or offender, after the time of his impris¬ onment shall have expired, shall be unable to pay the costs, it shall and may be lawful for the Justices of the Inferior Court of the County, in their discretion, ('the whole Court therein concurring,) where such criminal or offender against the law may be confined, to discharge him from such confinement. Sec. II. [See " Judiciary," subdivision "Habeas Corpus," sec. 292.-J , Sec. III. [Repealing clause.] An Act to regulate and to designate the mode and manner in which the Clerks of the Superior Courts of the several Counties of this Slate and other officers therein named, shall be paid their costs on insolvent cases.—Approved Feb. 11, 1850. Pam. 70. 416. Sec. I. Be it enacted., That from and after the passage of fine money • this Act, that it shall be the duty of the, Sheriffs and Solicitors Gen- owetfoyers 13. Sec. VII. The Principal Keeper, together with the Inspec- By-laws, tors, are hereby authorized and required to make such by-laws and regulations as they may think necessary to carry into effect the pro¬ visions of this Act. 14. Sec. VIII. The Principal Keeper and each and every offi- officerstobo cer under him, shall remain in the department to which he belongsiu attslld'c«* during the hours of business (unless absent by special leave of the Inspectors); and for a violation of this regulation it shall be the duty of the Inspectors to report the officer offending to the Governor, who may for the first infraction reprove, and for the second dismiss him. 15. Sec. IX. It shall be the duty of the Principal Keeper, and Principal he is hereby required on the first day of January in each year, or as nf;fkeouc early thereafter as practicable, to make out and present to the Inspec- e3U' tors an estimate of all the materials necessary to carry on the various departments of business in said institution for the year, which for tim¬ ber shall be at least one year in advance ; and it shall be the duty of said Inspectors, or a majority of them, to order the purchase of the same from time to time, as the funds on hand may enable them ; and it shall further be'the duty of said Inspectors, as soon as the es¬ timate aforesaid is made out and presented by the Principal Keeper, to advertise that' they will let out upon contract to the lowest bidder Contracts all supplies of lumber and materials for the use of said institution forfor matenals the ensuing year, and specify the remotest period for its delivery ; and it shall be their duty to require bond and sufficient security from all contractors, conditioned for the faithful performance of their said contract; and upon their failure to comply as aforesaid, it shall be lawful for the said Inspectors to purchase the deficiency on the best terms in their power, and charge the difference in price (if any) to the contractors, which said difference they may sue for and recov¬ er in any Court having competent jurisdiction in this State. An Act to improve the penitentiary edifice, and, to regulate the man¬ agement of its concerns, and for the erecting of cells, $fc», and to ap¬ propriate money for its support, and to provide a road and river jund, and for the compensation of persons appointed to survey and mark out certain roads, and for other purposes.—Approved Dec. 22, 1S32.— Pam. 140. Sec. II. III. [Providing for the construction of additional cells and other improvements—Temporary.] 16. Sec. I V. The Inspectors shall have power to direct the man-officers not ner in which materials to be used in the institution shall be purchas- ested^npur -ed; but it shall in no case be lawful for any Inspector or other offi-chases- cer of the institution, to furnish supplies of any kind themselves, or in any manner be interested therein. 870 PENITENTIA Tl Y.—1 S32-'33. Afcts. v?. tlio State—Contracts for ri.t'.ons—Conveyance of convicts. inspector 17. Sec. V. The Inspectors of the penitentiary, shall for the nuSUrefort3.^utaro m:l^ce annual reports to the Governor, on the first day of Oc¬ tober ; embracing the entire condition and business of the institu¬ tion, instead of quarterly reports as heretofore required by law.* accounts vn. 18. Sec. YI. The Principal Keeper, be authorised to make out the »u:e. an accoun^ against the State, for all work hereafter to be dene by convicts for the State, and other improvements done in the peniten¬ tiary. [Sections from VII. to XI. are appropriations to the penitentiary and certain roads.] Rations of 19. Sec. XII. The ration of the guard of the penitentiary, shall consist of twenty ounces of sifted corn meal; and eight ounces of bacon, twelve ounces of pork, or twenty ounces of beef; and one gill of molasses each per clay. the guard. 20. Sec. XIII. The said guard shall receive for every hundred rations, as specified in the twelfth section of this Act, four quarts of vinegar; four pounds of hard soap ; two pounds of tallow candles, and four quarts of salt. [Sections from XIV. to XVITI.re-enacted.] contracts for 21. Sec. XIX. From, and immediately after the passage of this rauons. tj10 inspectors of the penitentiary, be and they are hereby re¬ quired, to let the contract for supplying rations for the gu cd and convicts, for each year, to the lowest bidder, and that th 7 give twenty days' notice of the time and place of receiving sealed propo¬ sals from persons who may wish to bid for said contract, in all the public gazettes of Milledgevillc. iiow made. 22. Sec. XX. It shall be the duty of the said Inspectors, to take a bond witn good and sufficient security, in the sum of three thousand dollars, payable to his Excellency the Governor, and his successors in office, conditioned for the faithful performance of the contract, from the person who may become the lowest bidder, for supplying the ra¬ tions of the guard and convicts, as pointed out iu the preceding sec¬ tions of this Act. Sec. XXI. All laws and parts of laws which militate against this Act, are hereby repealed. An Act to revise, amend, and consolidate the rules for the police of the penitentiary.—Approved 21st Dec. 1833. Pam. 217. 23. The following rules shall be established for the government of the penitentiary.f Conveyance 24. Rale 3. The Principal Keeper shall be authorized to make of convicts. sucj1 arraugements as he shall deem economical and safe, for convey¬ ing convicts to the penitentiary; and for this service he may employ a portion of the guard.]; Sesos. 25. Rale 8. Prisoners of different sexes shall at all times be kept separate and apart. ♦See sec. 101. tTliose superseded by Act of 1840, omitted. ^Payment of expenses, see rule XXVI. Act of 1840. See "Penal Laws," sec. 320. PENITENTIARY.—1833. 871 Inspectors—Rules. 26. Rale 26. The Inspector shall not allow a commission Nocommis- the Principal Keeper, on ptirchases made by him. keeper! 27. Rule 23. In any suit instituted for the recovery of Evidence, ihoney due to the penitentiary, a" correct transcript from the first hook of entries kept in the office of the book-keeper, containing a copy of the account, and certified by him to be a correct .transcript from said book, shall he sufficient evidence to establish such account: but the defendant shall nevertheless be allowed to controvert the same. 28. Rule 29. Whenever the public service shall require ar- tides ready manufactured, or to be manufactured, in the penitentia¬ ry, such articles shall be furnished on the requisition of the Gover¬ nor, in writing, communicated to the Principal Keeper. 29. Rule 30. The Principal Keeper shall have a general su- Keeper's perintending power over the institution, and shall be responsible for penmen!-" the conduct of all officers under his command. e"ce' 30. Rale 31. The guard, the assistant keepers, and all other ah others persons attached to the institution, except the Inspectors and Physi- w!ie!th!ity ciati, shall be subject to the authority of the Principal Keeper, who shall have the power of suspending and reporting to the Governor any of the persons aforesaid, who shall violate the regulations of the penitentiary, or be negligent of his duty.* 31. Rule 42. The superintendence of the penitentiary shall be ^'eere atld vested in the board of Inspectors. It shall be their duty to make inspectors, regulations for the government of the institution, not repugnant to the Constitution and Laws of the State ; to require every officer in the institution to perform his duty ; to dispose, for the benefit of the penitentiary, of all money appropriated for the same, or arising from the labor of the prisoners ; to make contracts for the supply of all articles that shall be needed, and to authorize and direct the Princi¬ pal Keeper to do the same, when they shall deem it expedient; to collect the debts due to the institution; to examine the books and accounts, and reports of the other officers: to make reports to the Governor and the Legislature ; and, in general, to provide for the welfare of the institution. The Principal Keeper shall have power of to permit the wives of convicts to visit their husbands at such times and on.such occasions, during their confinement, as he shall deem safe and proper; except those convicts who arc sentenced to solita¬ ry confinement. 32. Rule 43. If the Inspectors shall suspect any Keeper orPowers.in » » cxnn)inib§ other officer, or any guard of the penitentiary, of fraudulent or im- into suspect- proper conduct in his office, they shall have power to call - beforeed fwudt>" them, by subpoena signed by the book-keeper, and to examine on oath or affirmation, any person believed by them to be cognizant of the suspected fraud or misconduct of such officer or guard. 33. Rule 45. The Inspectors shall examine everything apper- General, taining to the police, government, good order and safety of the pen-duty" rtentiary.f 34. Rule 46. No prisoner shall leave the place assigned to •As to dismissal of guardsmen, see Act of 1836, sec. 41. fSee sec. 66. 872 PENITENTIARY.—1833-'35. Hi ilea—Salaries—Attorneys. Pn*>n*rs not him for labor, during the hours of labor, without a token, to be giv- iu!»or.v° leiren to him by the Assistant Keeper, under whose special charge he may be placed, unless specially directed by some officer of the insti¬ tution. nothes and 35. Rale 49. Every prisoner at the time of his discharge, prisoners' shall be furnished with a suit of clothes, not exceeding ten dollars ciiarged!" value, and with a sum of money not exceeding that amount and the Principal Keeper shall be authorized to make a discrimina¬ tion in the value of the clothing, and the amount of the money then furnished, according to the conduct of the prisoner during his con¬ finement. salaries of 36. Rule 51. The salary of the Principal Keeper shall be two the officer*. thoasan(j dollars per annum ;* the salaries of the Assistant Keepers, and Book-keeper, shall be six hundred dollars, eachf per annum; the salary of the Collecting Clerk shall be at the rate of four hun¬ dred dollars J per annum; the salary of the Physician shall be three hundred dollars per annum; the salaries of the Inspectors shall be two hundred and twenty-four dollars per annum ; all of which sal¬ aries shall be paid quarterly. An Act to authorize the Inspectors of the Penitentiary to "place the debits due that institution into the hands of any Attorney in this State for collection, as they may deem expedient.—Approved Dec. 20, 1834. Pam. 166. An attorney 37. From and immediately after the passage of this Act, the ployed?em board of Inspectors of the penitentiary be, and they are hereby au¬ thorized and empowered to place the notes and accounts of the pen¬ itentiary, which they may from time to time deem it advisable to commence suit upon, in the hands of any attorney in this State for that purpose, and that such fees be allowed such attorney as he and the Inspectors may agree upon : Provided, that this Act shall not militate against the appointment of the present Collecting Attorney for said institution. Sec. II. All laws and parts of laws militating against this Act are hereby repealed. An Act to he entitled an Act to alter and amend the A7th an d 51st rules established for the government of the Penitentiary.—Approved Dec. 23, 1835. Pam 166. 38. Sec. I. From and after the passage of this Act the follow¬ ing shall be taken in lieu of the said rules. ♦Reduced 20 per cent, by Act of 1841. See "State Officers," sec. 53. tBy Act of 1836, sec. 40, the salaries of Assisant Keepers and Book-keepers were raised to $1,000 per annum, and the salary of Physician to $500. By Act or 184b (State Officers, sec. 53) all were reduced 20 per cent. By Act of 1848, sec. 96, the sal¬ ary of Assistant Keeper is placed at $800; and by Act of 1850, sec. 202, that of Boek Keeper to $1,000. ^Office dispensed with: see Act of 1840. PENITENTIARY.—1835-'36. 873 Prisoners working for themselves—Salaries, &c. ' In lieu of the 47th rule, the following, viz : Those prisoners that prisoner conduct themselves so as to merit favor, shall be permitted to work f<^ themselves during the time allotted to their meals and rest, pro-selves on vided the Principal Keeper and Inspectors deem the same expedient, terms, onlsuch articles as the Principal Keeper shall deem it expedient; but th^y shall not be permitted to perform any work in their ceils that wifi occasion the smallest noise. The Principal Keeper may furnish them with materials from the stock belonging to the penitentiary, to be paid for out of the price of the articles wrought by them. And the Assistant Keeper-shall take an account of all articles wrought by them for their own benefit. These articles shall be sold only by the Principal Keeper, or by a guard designated by him for that purpose; no prisoner shall receive the money thus earned by him, but it shall remain in the hands of the. Principal Keeper or guard aforesaid. Purchases for prisoners shall be made only by the Principal Keep- Purchases er or by a guard designated by him for that purpose, and of such arti- lorpnM>n®ra- cles only as he may approve. [Balance of the section superseded.] An Act to authorize a loan to the Inspectors of the Penitentiary, for the •purpose of procuring materials, to provide for the erection of suitable houses for the Keeper, on the penitentiary square ; to fix the salaries of the Physician and Sub-keepers, and wages of the Guard; and to de¬ fine the mode of payment of the same.—Approved Dec. 29, 1836. Pam. 176. Sec. I. [Authorizes a loan of $5,000 to the penitentiary.] 39. Sec. II. It shall be the duty of the Inspectors to apply soTopurchw* much of said loan as will be sufficient to procure such a stock of lumber and materials, as that the institution may in future have al¬ ways a two years' supply in advance of the work and manufactures there carried on. 40. Sec. III. Until the same shall be altered by a subsequent salaries of Legislature, it is hereby made the duty of the Inspectors to cause tOkeeP«"* be paid out of the funds of the penitentiary, quarterly, to each of the As- sistant Keepers and Book-keeper, the sum of one thousand dollars perciaa- annum ; to the Physician of the penitentiary, five hundred dollars per annum, and to each member of the guard, twenty-five dollars per month.* 41. Sec. IV. No member of the guard shall be dismissed or dis-dismissal of charged from employment in the service of the said institution, butguardtmea- upon the proof of incompetency, remissness and neglect of duty, or want of fidelity, to be judged of by the board of Inspectors, and whenever a dismissal (other than a voluntary one) takes place, a state¬ ment thereof, and the grounds upon which it is made, shall be en¬ tered upon the minutes of the board. •Reduced by Act of 1841, (State Officers, sec. 53,) 20 per cent. 110 PENITENTIARY.—1S37-M0. Chaplain—Penitentiary polit e. An Act to authorize the Governor to employ a Chaplain for the peniten¬ tiary, and to appropriate money to purchase Bibles and Hymn Booh. Assented to 25th Dec. 1837. Pain. 188. 42. Whereas, there are in the penitentiary of this State a large num¬ ber of convicts, and many of them confined for a considerable num¬ ber of years, and some confined for life, and by their confinement within the walls of the penitentiary, necessarily precluded the priv¬ ilege of attending religious instructions, (a. privilege invaluable to every moral being,) and whereas, the convicts of the State prison are equally dependent upon the State for moral and religious instruc¬ tion, as for the common comforts of life, received from the State; therefore, ofcsphin 43. Sec. I. Be it enacted, That from and after the passage of Fuji's/ this Act, his Excellency, the Governor be, and he is hereby author¬ ized to procure the services of a Preacher of the Gospel, as Chaplain for the Penitentiary, whose duty it shall be to preach to the convicts at least once every Sabbath, and afford them such other instruction, as said Chaplain, and the other Officers of the Penitentiary, shall deem consistent with the best interest of this State, riivuctfe. 44. Sec. II. Said Chaplain shall have free access to the Peniten¬ tiary, the same as other officers thereof, and for his services, shall ro- sjary. ceive the sum of one hundred and fifty dollars per annum as Chap¬ lain's salary, and the Governor js hereby authorized to pay the same quarterly, out of any funds in the Treasury, not otherwise appropri¬ ated. «"oks ^EC* Excellency, the Governor be, and he is here¬ by authorized to purchase, for the use of the convicts in the Peni¬ tentiary, a bible and hymn book for each convict, and to be paid fir cut of any moneys in the Treasury, not otherwise appropriated. Sac. 4. All laws and parts of laws militating against this Act be and the same are hereby repealed. An Act to revise, amend, and consolidate the rules for thegovernmtnl and police of the Penitentiary of the State of Georgia.—Assent¬ ed to 23d Dec. 1840. Pam. 141. 46. Sec. I. Beit enacted, That from and after the passing of this Act, the following Rules shall be established, for the government of the penitentiary of the State of Georgia: officers. 4^ Ruie p# The Officers for the management of the Penitentiary, shall be one Inspector, one Principal Keeper, one Book Keeper, ami a Physician. 48- Rule 2. The Inspector, Principal Keeper, Book Keeper and Physician, shall be appointed by the Governor, and their term of of¬ fice shall be one year. The Governor shall have the power of re¬ moving all or either of said Officers, and filling their vacancies. Rule 3. [Superseded, sec. 96.] pr^oews.1 49. Rule 4. It shall be the duty of the Principal Keeper to cans? the clothes ol each prisoner, when received into the penitentiary, to PENITENTIARY.—1840. 875 Rules for government. be cleansed and carefully put away, labelled with his name, to be returned to him on his discharge ; or if the prisoner should desire his clothes to be sold, the Principal Keeper shall sell them, and de¬ posit the money arising from such sale in the Clerk's office, to be paid over to the prisoner on his discharge—or, in case of his death while in prison, then to his legal representatives. 50. Rule 5. The. description of every prisoner, when he is re- ceived into the penitentiary, shall be entered in a book to be kept for that purpose, by the Principal Keeper, in which shall be .entered the name, age, height, color of the eyes and hair, complexion, place of nativity, time of conviction, County where convicted, nature of the crime, and period of confinement. '•51. Rule 6. Every prisoner, when he.is received into the peni-searched, tentiary, shall be carefully searched, and deprived of any article by which an escape might be effected, and also of all moneys in his pos¬ session, to be returned to him on his discharge; or, in case of his death while in prison, then to his legal representatives. 52. Rule 7. .On the receipt of every prisoner into the penitentiary, mw* r^d to such parts of the laws of the State as impose penalties for escapes, and such rales as relate to the conduct of the prisoners, shall be read to him ; and on his discharge, such parts of laws as impose addition* al penalties for a repetition of like offences, shall be read to him. 53. Rule 8. The clothing annually furnished to the prisoners Othing shall consist of one round jacket, one vest and one pair of trowsers, of kerseys, two pair of shoes, two pair of coarse yarn socks, two shirts, and two pair of trowsers made of cotton cloth, and one round jacket of the same—the round jacket and trowsers to be made one half of each of various colors—and one additional suit of clothing to each of the convicts who may labor at the blacksmith's work ; and they shall not be allowed to wear any other clothes in the peni¬ tentiary ; and each prisoner shall be furnished with a cheap matrass, and such number of blankets as the Principal Keeper believes shall bq needed. 54. Rule .9. The prisoners, except on Sundays, and when con-Labor, fined in the cells, shall be kept at hard labor, as far as may be con¬ sistent with their age, health and ability ; and they shall be so ar¬ ranged at labor as to be.#under the constant inspection of the Assist- supervision, ant Keeper, or one ol the Overseers, as far as may be practicable, Whose duty it shall be to prevent intercourse between the convicts, except so far as may be required by any work in which they may fie jointly employed. 55. Rule 10. The hours of labor shall be 0s many as the length n<>ur<0f <)f the days will permit, with the exception of not more than fortyiiibur' minutes each for breakfast and dinner. ■66. Rule 11. It shall be the duty of the Assistant Keeper and Toots. @verseer to see that each prisoner, in their several departments, shall teep his tools in safety and good order ; and each prisoner shall be Responsible for his own tools. 57. Rule 12. A garden shall be attached to the Penitentiary, for G*rden. the purpose of raising vegetables for the prisoners, to be worked by 876 PENITENTIARY.—1810. Rules for government. them'under such precautions as the Principal Keeper shall believe will prevent the danger of escape. Cleanliness. 5S. Rule 13. The walls of the cells and other apartments of the prison building, shall be white-washed at least once a year ; the floors shall "be kept neat and clean, and the building fumigated and purified with chloride of lime, as often as the Physician or Principal Keeper shall believe conducive to the health of the prisoners. Hospital. 59. Rule 14. An apartment or apartments shall be prepared as a hospital, in which the sick shall remain, unless otherwise directed di0cCh°nVed ky Physician. And if any prisoner, at the expiration of his con- sick. finement, shall be dangerously ill, such prisoner shall not be discharg¬ ed while sick, unless at his request, punishment 60. Rule 15. If any prisoner shall be guilty of any violation of to2" ' any rule herein prescribed, or of any order of the Principal Keeper not contrary to the laws of this State, he shall be punished at the discretion of the Principal Keeper. In no case whatever shall the Principal Keeper, or any other officer of the institution, be allowed to inflict corporeal punishment with the lash on any convict, with¬ out the express direction of the Inspector. Letters. Rule 16. No letter or other communication in writing, shall be carried in or out of the penitentiary, without being first examined A.-tieies. anq permitted by the Principal Keeper ; nor shall any article be car¬ ried into or out of the penitentiary, for the use or benefit of the pris¬ oners, without his consent, visitors. 62. Rule 17. No person, except those authorized by law, shall go within the penitentiary as a visitor, unless by the permission of the Principal Keeper ; and such visitor, while within the penitentiary, shall in every instance be attended by one of the Keepers or one of the Guard. Spirituous 63. Rule 18. The prisoners shall not be allowed to use any spir- uquor.,. ituous or fermented liquors, except it is prescribed by the Physician for the sick. Lights. 64. Rule 19. No light shall be permitted in the cells of the pris¬ oners after they are locked up for the night, during any season of the year. Cciis. 65. Rule 20. The prisoners shall be kept separated in the cells, which shall be numbered and divided into as many wards as there are Overseers, one ward being assigned to each, whose duty it shall be always to examine said cells before the prisoners are turned into them, and to search each prisoner before he enters the cell, and take from him whatever might be used in effecting his escape, bedding and clothing excepted. 6b. Rule 21. The Inspector shall purchase all materials that may be required by the Principal Keeper for the use of the penitentiary; and when delivered, shall take the Principal Keeper's receipt for the same. And in all instances he shall have the authority, and he is hereby required, at stated times, to advertise in two of the public gazettes in Milledgeville, for sealed proposals to furnish supplies of such wood, stock and coal as may be required for the use of the peniten¬ tiary ; and to purchase such provisions and stores as may be required for the prisoners and guard ; but in no case is he authorized to pur- PENITENTIARY.—1840. 877 Rules for Government. chase any article, except upon the requisition of the Principal Keep¬ er in writing. It shall also be the duty of the Inspector, with the Retum assistance of the Principal Keeper, to price all articles made in the penitentiary ; said Inspector shall also make a quarterly* return to the Governor of Georgia, ending on the first Monday in January, the thirty-first of March, the thirtieth of June, and on the first Monday in October, in each and every year, showing all materials purchased in each quarter, who from, the quantity and price of each article, and the cost of the whole, keeping in separate abstracts all purchases made on credit, from those made with cash. 67. Rule 22. It shall be the duty of the Principal Keeper to Receipts of give duplicate receipts for all materials delivered to him by the In- keeper.'11 spector, (if in good order and condition,) for the use of the peniten¬ tiary ; and to deliver all articles, which are manufactured and ready ofbook- for sale, to the Book Keeper, who shall give duplicate receipts for koeper' the same, in which shall be specified the price or value of each article, as placed by the Inspector and Principal Keeper. He shall also make quarterly* returns to the Governor of the State of Georgia, at the sev¬ eral times specified for the Inspector (in the 21st Rule of these regula¬ tions) in which he shall state the quantity, kinds, and cost of all ma- Returns, terials received within that quarter, (to include that which was on hand at the commencement of the quarter,) and the quantity, kind and value of all articles manufactured in the penitentiary within that quarter, and also the amount, kind and value of materials remain¬ ing on hand at the end of each quarter. 68. Rule 23. It shall be the duty of the Book Keeper to sell all Book-itcop- articles manufactured in the Penitentiary, at the several prices de-or'sdaty' signaled by the Inspector and Principal Keeper. He shall also Returns, make quarterly returns to the Governor of the State ol Georgia, at the several times specified for the Inspector (in the 21st Rule of these regulations) in which he shall show in proper abstract, supported by proper vouchers, the several kinds of articles received from the Prin¬ cipal Keeper, the quantity and kind sold for cash, the quantity and kind sold on credit, and to whom (specifying what each man owes, the date and amount of the note, and when due,) also the quantity and kind of articles remaining on hand at the end of the quarter, with its marked value, of which he shall give an account in his next quarteily return. 69. Rule 24. It shall be the duty of the Principal Keeper, and rrincipai; he is hereby authorized to draw his warrant on the Book Keeper, in warrant! favor of the Inspector, for all sums of money that may be necessa¬ ry for the payment of the debts contracted by him for materials and provisions purchased and delivered to the Principal Keeper, for the use of the penitentiary; and the Book Keeper shall charge the same to the Inspector. The Book Keeper shall pay quarterly to the salaries Inspector, the Principal Keeper, the Physician, the Assistant Keeper,I,!lldqiart y the Overseer and the Guard, all moneys which may be due them for their services in that quarter, upon the pay-rolls being made out and certified by the Principal Keeper to be correct and just. He ♦ V:v 1.-.1 19JO, AC". 104. 878 PFNIT FATIARY.—IStO. i, u'es wr Government. shall also retain the amount due him in each quarter, as it becomes due, and a certificate o! 'that fact shall accompany his quarterly ac¬ count current; the quarters, as referred to in this Rule, shall end and expire on the days specified in the 21st Rule of these regula¬ tions. continent . 70. Rule 25. The Book Keeper shall also pay all incidental an[tj eontjtlgent expenses, which may be created by and for the use of the penitentiary, upon the accounts being properly made out, and certified by the Principal Keeper (in duplicate) to be correct and just; but in all coses where a payment is made, a receipt shall be taken from the individual to whom the payment was made; and if the payee should not be able to write his name, the payment must be witnessed. KTfven>'CS of 71. Rule 26. The Principal Keeper is also authorized and em- w'S. powered to draw bus warrant on the Book Keeper for any sum or sums of money as lie may need for the purpose of defraying the ex¬ pense of bringing convicts from the place of conviction to the peni¬ tentiary. r.ook keep- 72. Rule 27. It shall be the duty of the Book Keeper, on the •e» rocMptr.£rst jyionday jn Jomnry 184!, to give duplicate receipts to the Prin¬ cipal Keeper for ail moneys then on hand, and for all notes and ac¬ counts then due and owing to the penitentiary—specifying the ma¬ ker, date and amount of the note, and when due and payable ; also, the several accounts, by whom owing, and the amount of each, which several notes and accounts he is authorized and required to collect and account i'.r in the same manner as all other sums of money received by him from the sale of articles made in the peni¬ tentiary. And ho s. ; ?li also pay all sums of money due and owing by the peniteniuai-y, up >n the same being properly authenticated by suits by, for the certificate of the Piincipal Keeper. And said Book Keeper is also penitentiary. authorized and required, should it be necessary, to institute a suit or suits, in his official en-w actor, for the recovery of all moneys now due, or which may hereafter become due to the penitentiary. .Returns. 73. Rule 23. Tun inspector aud Book Keeper shall each make to the Governor of Georgia quarterly* returns of accounts current, in which they shall show the amount of money received in that quar¬ ter, and the disbursements thereof, and the amount remaining on hand. Annual ro- 74. Rule 29. The !uspector, Principal Keeper and Book Keeper tin"s* shall each make a consolidated or annual return to the Governor of Georgia on the first Monday in October, in each caul every year, showing the quantity, kind and cost of all materials purchased and paid for ; also, tire -quantity, kind and cost of all materials purchased and not paid for, j.n that political year ; also, the number, kind and value of all articles manufactured in the penitentiary, in that political year, and the quantity, kind .and value of materials remaining on, hand ; also, the quantity, kind and value of all articles sold for cash; also, the quantity, kind and value of all articles sold on credit, and to whom sold ; and tiie quant ity, kind and marked value of all articles remaining on hand, at that time. "Annual as to Inspector,:, by Act of 1850. Sec. 101 "PENITENTIARY.—1840. 873 , Rules for Government. 75. Rule 30. It shall be the duty of the Assistant Keeper and Assistant the Overseers, alternately to remain within the penitentiary during ov^ocr.-s the night, to superintend the Guard in such manner as the Principal at Keeper sha!l direct; to remain, each in the apartment assigned ton,°h£- him by the Principal Keeper, during the hours of labor, unless ab¬ sent therefrom on business connected with his department, or at¬ tending on visitors ; to superintend the labor of the prisoners, to lock them up, and turn them out of their cells at the appointed hours; to search their cells and the prisoners before they are locked up ; to other dutns enforce industry and good conduct among the prisoners ; to watch over the safe keeping of the prisoners, and the preservation of the buildings, and other property of the institution ; and at least one of them to be at all times present and superintend the conduct of prison¬ ers at breakfast and dinner, in the discharge of which duties they shall be under the direction of the Principal Keeper. 76. Rule 31. The Principal and Assistant Keeper, Inspector o:Ticera» and Book Keeper, before they enter upon the discharge of their re- h:>nd®' spective duties, shall each give bond and good security, payable to the Governor for the time being, and his successors in office, wiiich bonds shall be filed in the Executive office, where said bonds shail remain subject to the order of the Governor, and to be sued on by the Solicitor General, to be designated by the Governor, for all de¬ falcation or neglect of duty of any of said officers. 77. Rule 32. The Inspector, Principal Keeper, Book Keeper, oath, and Assistant Keeper, before they enter, on the discharge of their respective duties, shall likewise take and subscribe the following oath, namely : " I, A B, do solemnly swear that I will faithfully and diligently execute all the duties lawfully required of me as Keeper of the penitentiary, (or whatever his designation may be,) and will carry into execution the laws and regulations for the government of the same, so far as concerns the duties of my said office, to the best of my knowledge and ability ; (and I will on no occasion, ill-treat or abuse any prisoner under my care, beyond the punishment accord¬ ed by law, or the rales and regulations of the penitentiary:) so help me God." 78. Rule 33. The Principal Keeper shall enlist his own guard, Guard, and so organize it as to have one Captain, with the pay of forty dol- my. lars per month : one Lieutenant, with the pay of thirty dollars per month ; one Sergeant, with the pay of twenty-six dollars per month ; and as many privates as may, in his judgment, be necessary for the safe-keeping of the prisoners, whose pay shall be twenty dollars each per month : and the rations of all members of the Guard shall be the same that is allowed private soldiers in the army of the Uni- * ted States.* 73. Rule 34, It shall he the duty of the Principal Keeper to su-smo cfarti- perintend the business of the sales of such fabrics as may be in thcnianunc- store-house. so far as to require the Clerk to perform his duty in theturadt sale of the same—and the Principal Keeper is authorized and requir¬ ed to examine the condition of all articles for sale, and when he shall •Altered and amended by Act of 1S13, sec. 97. 880 PENITENTIARY.—1840-41. llules for Government—Sale of articles manufactured. be satisfied that any article in the store-house cannot be readily sold at the marked price, he may, with the consent of the Inspector, re¬ mark the same at such price as they may believe the article or arti¬ cles can be sold. Delivery to 80. Rule 35. Whenever the Principal Keeper shall go out of of- Princtpal fice, he shall deliver to his successor all the materials on hand, allar- Keeper.. tides in progress of making, though not completed, and all tools and other articles belonging to the institution ; and shall take his success¬ or's receipts for the same, in which shall be specified such tools as are worn or used, from those which are not. By Book- 81. Rule 36. The Book Keeper shall, at the time he goes out of keepei. office, deliver to his successors all moneys, notes and manufactured articles on hand, and shall take receipts for the same, in which shall be specified whose note, date, amount, and when due; also, the quantity and marked value of the different articles on hand. Physician's 82. Rule 37. It shall be the duty of the Physician to visit the aiity prisoners and guard once every day, at or before ten o'clock, A. M., and oftener when he believes the situation of any of the foregoing persons may require it, or the Principal Keeper request it; to inspect the Institution generally in whatever may affect its healthfulness, once in every week. Mora! con- 83. Rule 38. The Principal Keeper shall carefully inspect and victL°f 0011 note the moral conduct of the prisoners, and furnish them with such moral books as he may think proper, officers ex- 84. Rule 39. The Inspector, Principal Keeper, Assistant Keeper, c^iainu™ ^ie Book Keeper, Physician, Overseers and Guard shall be exempt- ties. ed from militia duty in time of peace, and from road and corpora¬ tion duty, and from obligation to serve as Jurors or Patrols. Sec. II. [Repealed by Act of 1843.] Sec. III. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to regulate the sale of the articles manufactured in the Peni¬ tentiary of the State of Georgia ; to "point oat the mode of payment therefor ; to make persons liable for the loss occasioned, by the non-com pliance with the terms of said sale; to deposit the proceeds in the Central Bank of Georgia ; to authorize the Principal Keeper to draw on the same ; to compel the payment oj his drafts ; and to pro¬ hibit the officers of the Penitentiary from disposing of any of the mate¬ rials intended for the use of the Penitentiary, and to require the Prin¬ cipal Keeper, Inspector and Book-keeper to male their quarterly re¬ ports within thirty days from the expiration of each quarter.—As¬ sented to 26th Nov. 1841. Pam. 164. 85. Sec. I. Be it enacted, That from and immediately after the notes paya- passage of this Act, that all articles manufactured in the penitentiary uLflaiTk. of this State for sale, and delivered to the Book-keeper, shall be sold for cash or notes made payable to the Central Bank of Georgia, which notes shall be approved of by the board of directors of said Bank, and be made payable at the expiration of twelve months: PENITENTIAKY.-T-1841. 881 Sale of articles manufactured. Provided, that no note shall be received for a less sum than fifty dol¬ lars for said articles or any of them. 86. Sec. II. When.any person or persons shall desire to purchase provision any of the articles manufactured in the said penitentiary, and make i^mad"016 payment through the said Central Bank for .the same, he, she or they shall make a note or notes for the value thereof, (if fifty dollars or over,) and the same being approved of by the board of directors, (who shall require the same evidence of the solvency of the maker and indorsers, as is now required in the case of loans by said bank,) and deposit it in said bank,* the said board shall cause a notice there¬ of to be given to the Book-keeper of the Penitentiary of the same, and whose duty it shall be to deliver to the.said purchaser the said article or articles, and the said notice shall be a sufficient receipt to the said Book-keeper for the same; and thq said notes shall be pay¬ able at the expiration of twelve months. 87. . Sec. III. It shall be the duty of the Book-keeper of the Public sale penitentiary to cause to be sold at public outcry to the highest bid-dVin Dec." der, at or near the warehouse in the penitentiary yard, between the a,inually- hour of ten o'clock, A. M. and four o'clock, P. M. said sale to com¬ mence on the first Monday in December in each and every year ;* and to continue from day to day, Sunday excepted, until alb is sold, all articles manufactured in the penitentiary and. delivered to him for sale and remaining unsold Provided,' such articles bring two-thirds of their market value, and that payment for the same' be made in cash'or through the Central Bank of Georgia, as provided in the second section of this Act, in the case of sales made by the said Book-keeper of the penitentiary. • '88. Sec. IT. If any person or persons shall-bid off at said sale, Purchaser as. provided in the third section of this Act. any article or articles, compfy^e- and shall fail or refuse to comply with the terms ;of said sale, and at hls which shall be proclaimed aloud at the opening thereof on each day, the same shall be re-sold, at the risk of the person or persons to whom the same was knocked off, and who shall be liable for the deficien¬ cy occasioned by the re-sale thereof, a.nd the difference between the first and re-sale shall be recoverable of the person so failing or refus¬ ing to comply, in any Court having jurisdiction of the same, in the name of the Principal Keeper of the penitentiary. 89. Sec. T. The Book-keeper of the penitentiary shall be, and Auctioneer, he is hereby authorized to employ a suitable person as auctioneer, at a compensation not exceeding ten dollars per day, whose duty it shall payment, be to sell all articles pointed out to him by the Book-keeper as being for sale, to best advantage, and so as to obtain the highest possi¬ ble price for the same. 90. Sec. VI. It shall be the duty of the Book-keeper of the weekly dc- penitentiary to deposit in the Central Bank of Georgia, on Monday ^finn*.611" in each and every week, all the money he may have received, be¬ longing to the said penitentiary, the previous week, whether from sales or collections of the dues of said institution. ♦This Act is not enforced; but, as I can find no Act repealing it, it is inserted. Ill 882 PENITENTIARY.—18-11—'43. l'u'olicsalc annually—Returns in oO clays: Principal 91. Sec. VII.' It shall be lawful for the Principal Keeper of the drlTthere- penitentiary, find he is hereby authorized to draw upon the Central on- Bank of Georgia in favor of the Book-keeper or Inspector of the penitentiary, for any sum or sums of money he may need for the use of the penitentiary, not exceeding the amount of money and notes deposited in said bank, and which have been raised from the sales of the articles and collected for said penitentiary, which drafts it shall be the duty of the directors of said bank to pay in the bills of said bank or other current bank notes, officersshaii 92. Sec. VIII. It shall not be lawful' for any officer of the peni- scfi mated tcntiaiT to sell, loan or otherwise dispose of any of the materials ais. provided for the use of the penitentiary in the course of its business, or any of the tools thereof, or anything raised ill the garden for the use of the prisoners; and for a violation of this section, the 'officer or officers guilty thereof shall be forthwith discharged from-the same, rublic ncVce 93. Sec. IX. It shall be the duty of the said Book-keeper'or °f sale. Clerk of the penitentiary to publish in two of the public gazettes in this State, (to-wit, Federal Union and Georgia Journal,) the nuntber of each description of articles to. be sold at said auctions, thirty days before the commencement of the same, except for the year eighteen hundred and forty-one, which shall be advertised from the passage of this Act until the day of sale. Returns to 94. Sec. X. It shall be the duty of the Principal Keeper, In- 30 da>s° 'n sPector aRd Book-keeper of the penitentiary, each to make and de¬ liver to his Excellency the Governor their several quarterly and an¬ nual or consolidated returns, which are required by the twenty-first, twenty-second, twenty-third, twenty-eighth and twenty-ninth 'Sec¬ tions of an Act entitled an Act to revive, amend and-consolidate the rules for the government and police of the penitentiary of the State of Georgia, and assented to on the twenty-third December, eighteen hundred and forty, within thirty days from the expiration of each quarter, or in default thereof, he or they shall forfeit and lose his or their pay from the time his or their returns should have been made and delivered, to the time they are actually made and delivered ; atid the Governor is required to enter on the back of each return the time it was delivered. gaie by 95. Sec. XI. The said Principal Keeper is hereby authorized to Keeper11 make sale of any articles belonging to said institution, between the above specified time of sale, and deposit said note or notes in thd Central Bank as above directed. Sec. XII. [Superseded.] Sec. XIII. All laws or parts of laws militating against this Act be, and the same are hereby repealed. ■An Act to be entitled an Act to amend the 3d and 33d rules of an Act entitled " an Act to revise, amend and consolidate the rules for the government and police of the penitentiary of the Stale of Georgia f assented to 23d December, 1S40 ; and also to repeal all laws pro- hibidng job ivorlc in the penitentiary.—Assented to Dec. 21, 1843. Pam. 134. PENITENTIARY.—1843-'45. 883 Assistant Keepsrs and. overseers—Guards—Appraisement of assets." 96. Sec. I. Be it enacted, That from and after the passage of assistant this Act, the third rule of the before recited Act shall be so altered oveTeeh?nd as to read as follows: There shall be,one Assistant Keeper and' as ijiany overseers, not to exceed -four, as the Principal Keeper may; think necessary, who shall, be. appointed ' by the Principal Keeper, and their term of office shall be one year ; and the Principal Keeper is hereby empowered to remove either the Assistant Keeper and any Or all of the overseers, and to fill the vacancy or vacancies by ap¬ pointment. The salary of the Assistant Keeper shall be eight hun- Saiaries. dred dollars, per annum, and that of the overseers shall be four hun¬ dred dollars each per annum. ., 97. Sec. II. The 33d rule of said Act shall be so altered as to Guard, road as follows:—The Principal Keeper shall enlist his own Guard, and so organize it as not to have exceeding three officers, with as many privates as he may deem necessary, at such pay as may be,stip¬ ulated by the parties, not to exceed -the pay now allowed; and the rations qf all the members of the Guard shall be the same as that of private soldiers in the army of the United States. , "Sec. HI. That all laws prohibiting job work to be done in-said penitentiary, be and the same are hereby repealed. An Act to amend the police of the Penitentiary, to authorize a,n increase of the wages of several of the officers herein named, to al¬ low the Governor, ij in his judgment necessary, to draw from the Trea¬ sury the remainder of the .appropriation of 1843, and to apply the same to the, use of the Penitentiary, and to compensate John Hadder o,ut of the money now in the Treasury for the use of the P enitentiary. —Approved Dec. 26th, 1S45., Pam. 44. , 98. See. I. Be it enacted, That His, Excellency the. Governor Appraiso, be, and he is hereby authorized to appoint three persons to examine the raw materials in the hands of the Principal Keeper, and affix to a^ets. them severally their proper value \ and also the assets of the Book Keeper, and report upon their value ; and that His Excellency for the time being shall cause the same to be done, under such rules and regulations as he may direct and prescribe.* Sec. II. That the remaining portion of the unexpended appro¬ priation of 1843, (now in the Treasury,) to rebuild and subsist 011, shall be under the control and direction of the Governor, to be appli¬ ed to the use of the Penitentiary, if he shall consider it necessary and proper. [Balance of this section private.] Sec. III. [Repealing clause.] An fct to malcc it the duly of the Treasury Committee to investigate and report the conditio/) of the Pcnitcntec.ry during those years when there shall he no session of the Legislature, and to require Jus Excellency the Governor to appoint three persons to examine the raw materials and *Re enacted with amendments ; see next Act. 884 PENITENTIARY.—1847-'50. Investigation by the Treasurry Committee—Rules. the assets of the Book Keeper, and report upon the same to his Excel' lency.—Approved Dec. 28th 1847. Pam. 234. Treasury 99. Sec. I. Be it enacted, That it shall be the duty of the com- shan'bivest- mittee which may be selected to examine into the condition of the ofpenuenti- Treasury, in those years when there shall be no session of the Le¬ arn gislature, to investigate fully the affairs of the penitentiary, and re¬ port the condition of said institution to his Excellency the Govern¬ or, on or before the first day of November, and that he cause the same to be published and distributed in like manner with the report on the Treasury, as now provided for by law. appusement 100. Sec. II. His Excellency the Governor be, and he is hereby required to appoint three fit and proper persons to examine the raw materials in the hands of the Principal Keeper of the penitentiary, and affix to them severally their value ; and also the assets of the Book Keeper, and report their value ; and that his Excellency cause the same to be done annually,* in time for said reports to be laid be¬ fore the Treasury Committee in those years when there shall be no session of the Legislature, and before the joint standing Committee during the session of the Legislature, to the end that perfect reports of the condition of the institution may be made. An Act for the better government of the Penitentiary.—Approved Feb. " 23, 1850. Pam. 334. Accounts of 101. Sec. I. Be it enacted, That it shall be the duty of the As- anTcoT8 sistant Keeper of the penitentiary, in addition to his other du- material t^es' t0 °Pen a set °f books on the system of double entry, &c. in which shall be kept a full and correct account of all purchas¬ es made, a proper record of all the raw materials consumed in the various workshops, as well as of all the manufactured articles, cash and job work turned over to the salesman ; it shall also be his duty to take charge of the storehouse containing the materials, and issue the same to the different Overseers of the workshops, taking care to charge the shop for which the issue is made \yith every item so is¬ sued. Book-keeper 102. Sec. II. The Book Keeper shall be the collecting officer officer"18 °f tfie penitentiary, and shall from time to time, and within one 'year after any debt shall be contracted, place the same in suit and press the collection thereof, and shall receive for all the duties required of salary $1000. him, the sum of one thousand dollars annually, to be paid as the other salaries of the officers of the institution are. confinement 103. Sec. III. The Principal Keeper shall be allowed to use his on sa at . discretion in relation to the time the convicts shall be confined ill their cells on the Sabbath day. Hehirng an- 104. Sec. IV. The Principal Keeper and Inspector shall make "ul' their returns to the Governor once a year only. 105. Sec. V. The Governor shall appoint biennially, instead of ♦Biennially; see next Act, sec. 105, PENITENTIARY.—1850. 885 Useless materials sold—Resolutions. annually, three Commissioners to take an inventory of the stock of Appraise- the penitentiary, the first appointment to be made in the year one ah" >e thousand eight hundred and fifty. 106. Sec. YI. .. The Principal Keeper be and he is hereby author- ized to sell and dispose of all old and useless materials on hand, and that he be allowed a proper credit for the same in his accounts. [Statutes omitted as obsolete, repealed or superseded. Act of 1817, Vol. III. 671; 1818, lb. 674 ; 1819, lb. 675 ; 1821, Vol. IY. 289; 1826, lb. 289-'90 ; 1S22, (compensating Sheriffs,) Yol. IV. 403; 1831, Pam. 169.] RESOLUTIONS. The annual reports of the joint committee to the Legislature, have for their principal object, to exhibit a yearly account more or less in detail, of the existing state of the institution. 1 , Dormitories ordered to be strengthened, 1824, Yol. IV. 43. Resolution of 1825, [lb. 57,] directs how the accounts are in future to be made out. States that the funds of the institution, consisting of materials, manufactured articles and debts due, amounted in 1823, to $20,720; in 1824, to $25,648. That of 1825, as printed, is not intelligible. The promiscuous association of convicts a great impediment to reformation, especial¬ ly of the young ; and the frequency of pardons tends to the increase of crime, by ren¬ dering the duration of punishment less certain. [Res. of 1827, lb. 90.] ' A review of our penitentiary system. Its origin—its exceeding deficiency at first— its subsequent imperfection for want of experience—its recent abolition, and a returning desire of the people for its revival. The Governor directed to appoint a commission to prepare ,and report to the next session a plan for repair of the buildings, a system of police for its organization and government, and a revisal of the Penal Code. [1832, Pam, 218.] J A rigid enforcement of the sentence required, but the Legislature think it still ques- iohable whether this requires a denial of every allowance to the convict which his prov¬ ed fidelity and industry may deserve ; and a humane and liberal view of this subject is recommended. [Pam. of 1832, 239.] . A very full statisical report of the affairs of the prison in all their branches, by. the inspectors and Principal Keeper, (lb. 301,) with the Principal Keeper s ample report to the board of Inspectors, (lb. 324,) in which last, among manyother interesting facts, it,is deduced from the history of the penitentiary, that " crimes punishable by peniten¬ tiary confinement has lessened one half since the institution went into operation." Such buildings authorized to be constructed, and such repairs made on the work¬ shops, as the Inspectors may deem necessary; and Principal Keeper's salary raised. [1833, Pam. 365.] Appropriation recommended [1834, Pam. 329,] and passed at $8,000 [lb. 27,] to pur¬ chase a three years' stock of timber ; and to enlarge, and so alter the workshops as to enable the Assistant Keepers to have the convicts more in view. Inspectors authorized to allow at their discretion, to the convicts the privilege of working for themselves, as an incentive to good behavior, and according to their ob- Servation of its effects. Blacksmiths allowed an extra suit of clothes ; and $5,000, ap¬ propriated to repair and raise the enclosing wall. [1835, Pam. 20, 311.] In 1838, a joint select Committee were appointed " to examine into and report to the next Legislature, the condition of the penitentiary in. relation to its debts, and the amount due the institution." Also the " expenditures and receipts for the three pre¬ ceding years. In 1841, an appropriation of $10,000 was made for the purpose of paying its debts. In 1842, $9,500, for certain specified debts. V In 1843, $32,000, to pay outstanding debts, and $18,000 to rebuild those buildings consumed by fire. In 1847, $6,000 were appropriated to pay debts contracted previous to 1844. In 1850, a resolution was passed authorizing a depot for the Gordon and Milledge- ville Rail Road, on the penitentiary grounds, and a turnout for the use of the peniten¬ tiary. 886 PHYSICIANS.—1825. Board of Physicians—Duties and powers. PHYSICIANS.* See. 1. License. " 2. Penalty for violation, " 3. Onns on trial. " 4. Contracts void. " 5. Board established. " 6. Annual meetings. " 7. Practising Physicians. " 8. Apothecaries' license. " 9. Examination. " 10. Temporary licenses. " ll. Officers and by-laws. " 12. Registry of licenses. " 13. Incorporation. " 14. Diploma, effect of. " 15. Course of reading. " 16. Good moral character. " 17. Adjournments. " 18. Botanic Doctors. " 19. Act of 1825 revived. 8ec. 20. Board nominated. " 21. Botanic Medical licenses. " 22- Contracts void. " 23. Board, meetings, &c. " 24. License—fee. " 25. Botanic Medicine Apothecaries. " 26. Examination. 11 27. Temporary license. " 28. Diploma, effect of. " 29. Course of reading. " 30. Licenses. "31 Moral character. '• 32. By-Laws and officers. " 33. Licentiates—publication. " 34. Body corporate. " 35. Board nominated. " 36" Practising Physicians. " 37. Place of meeting. An Act to regulate the licensing Physicians in this State, to prevent Apothecaries vending and exposing to sale, within this State Drugs and Medicines, without a License from the Board of Physicians, and to prevent Merchants, Shop keepers and all other Persons from com* pounding and preparing Drugs and Medicines, or either.f—Approv¬ ed Dec. 24, 1825. Vol. IY. 291. 1. Sec. I. From and after the passing of this Act, no person no physician ghaij ke allowed to practise physic and surgery, or" any of the to practise branches thereof, or in any cases prescribe for the cure of diseases for cense.ut fee or re ward, unless he or they shall have been first licensed to do-' so in the manner hereinafter prescribed. J " ' 2. Sec. II. If any person shall hereafter presume without such license tioha to°la~ Pract^se physic, surgery, or in any manner prescribe for the cure of be indicted, diseases for fee or reward, he or they shall be liable to be indicted, and $500 fine for on convicti°n shall be fined not exceeding the sum of five hundred- ist offence dollars for the first offence, and for the second, be imprisoned not ex- ?nforhmer.t0 ceeding the term of two months, one-half of the fine to enure tohitn men"!011 who shall inform, and the other half to the use of the State. ™c"nifor ®EC* On the trial of all indictments for any of the offen- on trial ces enumerated in this Act, it shall be incumbent on the defendant fendant!de~ t0 show that he has been licensed to practise physic and surgery; and ♦For their fees for post mortem examinations, see " Judiciary," Art. IX. " Coroners and Inquests," sec. 275. In reference to the admissibility of their books in evidence, see title, " Evidence," sec. 30. tThis was substituted for the original title, by an Act of 1832. See Pam..of that year, p. .131. • jSecs. I. II. III. IV. and IX. Repealed by Act 1836. Pam. 171. but revived by Acts of 1829 and 47. PHYSICIANS.—1825. 887 Contracts .void—Board of physicians, &c. to prescribe for the care of diseases in the manner hereinafter men¬ tioned, to exempt himself from the penalties enumerated in this Act. 4. Sec. IV. All bonds, notes, promises and assumptions, made bonds and to any person or persons not licensed in manner hereinafter mention- given for ed, the consideration of which shall be services rendered as a physi-services v01d cian or, surgeon in prescribing for the cure of . diseases, shall and they are hereby declared utterly void and of no effect. 5. Sec. V. In order to the proper regulation of the practice of a board of physic and surgery, there shall be established a board of physicians examine ap- to be assembled annually at the seat of government,* who shall, at i!ran"ifcend their annual meeting, examine all applicants, and if on such examina-ses- tkm they are found competent, shall grant to such applicants a li¬ cense to practise phasic and surgery : Provided, that seven mem-Proviso- bers.of said board shall constitute a quorum to make such examina¬ tion and grant such license: and provided, also, that if any applicant shall have studied and received a diploma from any medical college, the said-board, or a quorum thereof, shall license the said applicant to practise without examination.f Sec. VI. [Nominating a board—superseded.] 6. Sec. VII. The annual meeting of the board of physicians of of Georgia shall be held at the seat of Government,* on the first Mon-the board' day in December in each and every year, and that the said board shall.be entitled to receive and demand of every applicant, whendi- censed, the sum of five dollars for each and every examination, and the..sum of five for every license. 7. Sec. VIII. No part or clause of this Act shall have any opera-gaffertnot tion or effect upon any person now practising medicine or surgery [[^ians. within this State, and who has heretofore been a practising physician within the same. Apotbeca- 8. Sec. IX. No apothecary within this State, unless he be a li-nes to be li¬ censed physician, shall be hereafter permitted to vend or expose toccne ' sale any drugs or medicines, without previously obtaining a license to do so, from the board of physicians created by tl^is Act; and ev¬ ery apothecary so vending or selling drugs or medicines, contrary to • the provisions of this Act, shall be liable to all the penalties imposed by this Act, on physicians and surgeons practising without a license : tI • , i , , ■ , • -it 7 Merchants Provided, that nothing herein contained be construed to prevent vending pre- merchants or shop keepers from vending or exposing to sale, medi-^n^eicept- cines already prepared : Provided also, that nothing herein containeded- shall be so construed as to operate against or upon any person or per- Al30 apnthe. sons who now are, and heretofore have been engaged in the sale of £ari.es doins l - 5 . » O business drugs and medicines as apothecaries, or who may be and heretofore heretofore, have been engaged in the vending of drugs and medicines, as an ex¬ clusive, branch of merchandize. . ',9. Sec. X. The Board of Physicians created by this Act shall amine My* have the power to examine any apothecary who may apply to it for a license.,, touching their knowledge of drugs and pharmacy, and or4alicense- finding such persons qualified, shall grant such license, and shall re¬ ceive therefor the same fees as provided in this Act for licenses to practice medicine and surgery. •Macon, by Act of 1850, sec. 34. tBut see sec. 14. 888 PHYSICIANS.—1825-'31. "hoard incorporated—Diploma. temporary 10. Sec. XI. To prevent delay and inconvenience, a single b^inimeTto member of the Board of'Physicians may grant temporary license to applicants, applicants therefor, and make report thereof to the Board at their next meeting for confirmation, or further evidence of qualification to be Proviso. given by the applicant: Provided, that a temporary license shall not continue in force longer than the next meeting of the Board, and that a temporary license shall in no case be granted by one of the Board after the applicant has been refused a license by the Board of Physicians. The board to 11. Sec. XII. The Board of Physicians be, and they are hereby andniake"3authorized and empowered to elect all such officers and frame all by-law s, &c.guc|1 Dy-laws as may be necessary to carry this Act into effect, and in case of the death/removal, or refusal to act of any member of the said Board, the said Board or a quorum of them be, and they are hereby empowered to fill up any such vacancies. jo. Sec. XIII. Said Board shall enter in a book to be kept by them for that purpose, the names of each and every person they shall license to practise physic and surgery, and the time of granting the same, together with the names of the members of the Board present, and shall publish the same in some newspaper printed at the seat of government, within thirty days after granting the same. the board 13- Sec. XIV. Said Board of Physicians shall be considered a roadewte°dy body corporate, so far as to hold property both real and personal, corp° keep a common seal, sue and be sued, and that the book so kept by the Board as aforesaid shall be considered a book of record, and a transcript from the same, certified by the proper officer under the common seal, shall betaken and received as evidence in any Court of law in this State. An Act to alter and amend an Act entitled 11 an Act to 'regulatctU Licensing of Physicians to practise in this State,"* passed thelith day of Dec. 1825.—Approved Dec. 27, 1831. Pam. 152.. Board may 14- Sec. I* Wherever the Board of Physicians may have doubts exathgtnand0t'as t0 tbe qualifications of any applicant for license, they may pro¬ log diploma, ceed to examine such candidate, notwithstanding he may exhibit a diploma from a Medical College, and either grant or refuse a license as they may find him on such examination qualified, or otherwise, for the discharge of the duties of the profession. b<»ard may 15- Sec. II. The Board of Physicians have authority, and it prescribe a shall be their duty, to prescribe such course of reading as in their course ot _ j i i _ o reading. opinion may be necessary and proper to those who intend to pursue the study of medicine, under private instructors in this State, which course of reading they shall cause to be published in two or more of the public gazettes of this State, and which shall be obligatory on all who may apply to the Board for license after the expiration of two years from the time of such publication. 16. Sec. III. It shall not be lawful for the Board of Physicians ♦This was the title of the Act as originally passed. See note to sec. I. PHYSICIANS—l831-'47. 889 Practising physicians—Reviving Act. • to license any person who shall not produce satisfactory testimonials Good moral of a good moral character. character. 17. Sec. IV. Should a quorum of the Board of Physicians not Leas than a be in attendance on the day appointed by law for its meeting, those adjoura fniln present may adjourn from day to day, until a board can be formed : da>'toda>- Provided, that any number not under four may proceed with the bu¬ siness of the Board. Sec. V. So much of the Act of which this Act is amendatory, as militates against the provisions of this Act, be and the same is hereby repealed. An Act to revive and keep in force an Act entitled an Act to regulate the Licensing of Physicians to practise in this State, assented, to 24th December 1825, with certain provisiotis therein named.— Assented to Dec. 23, 1839. Pam. 187. Sec. I. [Revives the Act. Re-enacted in 1847, sec. 19.] Sec. It. [Nominates a Board. Superseded.] 18. Sec. III. All laws and parts of laws militating against the same recited Act, be and the same are hereby repealed: Provided, noth- Nottoa*Fe«t ing In the said revived Act, be so construed as to operate against the practitioners Thomsonian or Botanic practice,* or any other practitioners of med¬ icine in this State. An Act toi revive and keep in force an Act entitled an Act to regulate the licensing of Physicians to practise in this State,* assented to the 24:th day of December, 1825.—Approved Dec. 25, 1847. Pam. 237. 19. Sec. I. Be it enacted, That from and after the passage of Act of 1335 this Act, the above and before recited Act be and the same is hereby revlV8d- revived, and declared to be in full force arid operation. 20. Sec. II. The following named gentlemen shall constitute Board nomj. the Board of Physicians of this State, to wit: L. D. Ford, J. P. nated' Garvin, G. M. Newton, R. M. Moore, J. Bran ham, B. F. Kecne, E. A. Broddus, H. T. Shaw, R. Banks, G. D. Phillips, J. Persons, W. J. Johnson, M. A. Franklin, J. M. Greene, T. Fort, B. A. White, C. J. Paine, T. F. Green, Geo. D. Case, H. K. Burroughs: Provided, That the graduates of the Botanico-Medical College and the licenci- ates of a legally established Medical Board of Botanic Physicians, shall be fully exempted from the operation of the said Act so revive ed. Sec. III. All laws and parts of laws, militating against the said recited Act, be, and the same are hereby repealed. An Act to establish a Botanico-Medical Board of Physicians in this State, and for the better regulation of the Botanic or Thom- •But see sec. 19. 112 •fTitle changed; see note to Act of 1831, sec. 12. 890 PHYSICIANS —1S47. Botanico-Mcdical Board—Apothecaries. sonian Practice of Medicine.—Approved Dec. 24, 1847. Paul. 234. Fopers'n ox- 21. Sec. I. Be it enacted. That from and after-the passage of this ates aiu?u" Act no person or persons, except graduates of the Southern Botan- cenfed'to ico-Medical College, shall be allowed to practise physic or surgery on practise. the Bontauico or Thomsonian system of medicine, or any of the . branches thereof, or in any case to prescribe for the cure of disease for fee or reward, unless lie or they shall have been first licensed to do so in the manner hereinafter prescribed. Bonds &c. 22. Sec. II. All bonds, notes, promises, and assumptions, made such"serv- to'any person or persons, except to said graduates, not licensed in the ices void, manner hereinafter mentioned, the consideration of which shall be services rendered, or medicines prescribed or furnished, as a Botanic or Thompsonian physician or surgeon in the treatment or manage¬ ment of disease, shall and they are hereby declared utterly void and of no effect. Botanico 23. Sec. III. In order to the proper regulation of the Botanic-or board?' Thomsonian practice of physic and surgery, there shall be establish¬ ed a Board of Physicians and Surgeons, to be styled the Botanico- Medieal Board of Georgia, to he assembled annually on the second Annual Monday of February in the city of Macon, who shall at their annu- meeting. aj mee^ng examine all applicants, and if on such examination they are found competent, shall grant to such applicants a license to prac¬ tise physic and surgery on the Botanic or Thomsonian principles of Quorum, medicine : Provided, That five members of the said Board shall constitute a quorum to make such examination and grant such li¬ cense, but that a less number adjourn from day to day until such quorum can be formed. Fee for n- 24. Sec. IV. The said Board shall be entitled to demand of and wn6e' receive from every applicant for examination the sum of five dollars for such examination, and the sum of five dollars when licensed. Apothecaries 25. Sec. V. No Botanic or Thompsonian apothecary within ed. " this State, unless he be a graduate as aforesaid, or a licensed Botanic or Thomsonian physician, shall be permitted to vend or expose to sale Botanic or Thomsonian medicines, without previously obtaining a license from the Board created by this Act; and every person so vending or exposing to sale such medicines, shall be subject to the disabilities imposed by this Act on Botanic or Thomsonian physi- Provi?o in cians practising without a license : Provided, That nothing herein chants.mer'contained be so construed as to prevent merchants or shop-keepers from vending or exposing to sale Botanic- or Thomsonian medicines already prepared. bon?fT ®EC" The Board of Physicians created by this. Act shall piicant«. have the power to examine any apothecary who may apply to it for a license, touching their knowledge of. drugs and pharmacy, and on finding such persons qualified shall grant such license, and receive therefor the same fees as provided in this Act for license to practise medicine or surgery. 27. Sec. VII. To prevent delay and inconvenience, a single member of this Board of physicians may grant tognporary license to PHYSICIANS.—1847. 891 Temporary license—Examinations—Course of reading—By-laws, &c. applicants therefor, and make report thereof to the Board, at their Temporary next regular meeting, for confirmation or further evidence of qiialifi- llceil!ie- cations to be given by the applicant: Provided, That a temporary license shall not continue in force longer than the next meeting of the Board, and that a temporary license in no case shall be granted by any one of the Board, after the applicant has been refused a license by the said Board of Physicians. "28, Sec. VIII. Whenever the Board of Physicians constituted ®*ai^naap- a by this Act shall have doubts as to the qualifications of any appli- cant pp cant tor .license, they may proceed to examine such candidate, not- ma.h.dlpl0* withstanding he may exhibit a diploma from a Botanic Institution, and either grant or refuse to license, as they may find him on exam¬ ination qualified or otherwise for the discharge of the duties of .the profession. 29. Sec. IX. This Board of Physicians have authority, and it course of shall-be their duty to prescribe such a course of reading and instruc-reathng- tion as in their opinion may be necessary and proper to, those who intend to pursue the study of the Botanic or Thomsonian system of physic, under competent instructors, in this State, which course of reading arid instruction they shall cause to be published in two or Notice there- more of the public gazettes of this State, and which shall be obliga- o1' tory on all who may apply to this Board for license, after the expi¬ ration of one year from the time of such publication. 30. Sec. X. This Board shall have the power to grant - to any i Jcense may applicant for license, either a temporary or perpetual license, as their etemporiiry qualifications may warrant. 31. Sec. XI. It shall not be lawful for this Board of Physicians good moral to grant license to any person who shall fail to produce satisfactorycharacter* testimonials of good moral character. 32. Sec. XII. This Board of Physicians shall be, and they are by laws and hereby'authorized and empowered to elect all such officers and. frameofficerd- all such by-laws as may be necessary to carry this Act into effect; and in case of death, or removal, or refusal to act, of' any member vacancy, of the said Board, the said Board, or a quorum of them, be and they are hereby empowered to fill such vacancy. 33. Sec. XIII. Said Board shall enter in a book kept by them for that purpose, the names of each and every person they shall license to practise physic, and the time of granting the same, and shall pub¬ lish the same in some newspaper printed in this State within thirty Publication, days after granting the same. 34. Sec. XIV. . Said Board of Physicians shall be considered abodycorpor- body corporate so far as to hold property, both real and personal, keep ate" a common seal, sue and be sued ; and that the books kept by the Board as aforesaid, shall be considered a book of record, and a trans- Records cript from the same, certified by the proper officer, under the com-evidence* mon seal, shall be taken and received as evidence in any Court of law in this State. 35. Sec. XV. ^he following gentlemen shall constitute the Bo-nomi- tanico-Medical Board of Georgia, as contemplated by this Act, to- wit: William Fisher, M. D., James Buys, M. D., L. C. Gtuinn, M. 802 PHYSICIANS.—1847-'50. Place of meeting—Medical Colleges. D., John T. Coxe, M. D., M. S. Bellengcr, M. D., J. Sinclair, M. D., L. Bankston, M. T)., James T. Ellis, M. D., and J. Bryan. Fraction!; 36. Sec. XVI. No part or clause of this Act shall be go constru- eiemut!1"3 e<^ as to have any operation or effect upon any person now practis¬ ing on the Botanic or Thomsonian system of medicine within this State. Sec. XVII. All Acts or parts of Acts militating against the spir¬ it and intention of this Act be, and the same are hereby repealed. An Act to alter and amend an Act entitled an Act to regulate the li¬ censing Physicians in this State, to prevent apothecaries vending and exposing to sale within this State drugs and medicines with¬ out a license from the Board of Physicians, and to prevent mer¬ chants, shop-keepers and all other persons from compounding and preparmg drugs and medicines, or either. Approved Dec. 24,1825. Approved Feb. 14, 1850. Pam. 335. , m<^° 37. Sec. I. Be it enacted, That from and after the passage of Macon. this Act, the Board of Physicians established and provided for in the above recited Act, for the purpose of examining all applicants for li-, cense to practise medicine, and for other purposes, shall hold their annual meetings in the City of Macon in this State. Sec. II. All laws and parts of laws militating against this Act be, and the same are hereby repealed. MEDICAL COLLEGES. The Medical College of Georgia.—$10,000 and 30 lots in Au¬ gusta appropriated, 1833; Pam. 130, (Prince, 681.) Allowed to take Augusta Bank stock, reserved, 1835 ; Pam. 147, (Prince, 681.) Charter amended, and officers and students relieved from Jury and militia duty, 1845 ; Pam. 153. The Savannah Medical College.—Incorporated, 1838. Pam. 156. The Southern Botanico Medical College.—Incorporated, 1839.,Pam. 13-4. Amended, 1845. Pam. 153. PUBLIC DEBT.—1836. 893 Surplus revenue—Disposition thereof. PUBLIC DEBT.* Sec. 1. Surplus revenue. " 2. Accruing interest. " 3. Payment by Central Bank. " 4. Sale of bank stock. " 5.- Funding debt of lieid, Irving & Co. " 6. Annual reduction. " 7. Destruction of bonds. " 8. Contract for funding. " 9. Sale of bonds. " 10. Annual loan. " II. Authentication of bonds. " 12. Cancellation of. " . 13. New, in lieu of foreign. " 14. Lost bond or coupon. Sec. 15. Payments in specie. " 16. Temporary loan. " 17. Authentication. " 18. Central Bank bills burnt. " 19, Assets of Central Bank. " 20. Payments in Savannah, &c. 21. Coupons endorsed. " 22. Effect of failure. " 23. Payment of coupons. " 24. New bonds. " 25. Sinking fund. " 26. Discretion of Governor. " 27. Balances in treasury. " 28, Bonds redeemed. An Act to authorize and empower the Treasurer of the State of Georgia, to receive the proportion oj the surplus revenue of the United States, payable to this State, and to sign and deliver cer¬ tificates of deposit therefor.—Approved Dec. 26, 1836. Pam. 264. Prince, 836. An Act to direct such of the deposites of the surplus revenue of the United States, as shall be deposited with the State of Georgia, under an Act of Co?igress, entitled an Act to regulate the deposites of the public money.—Approved Dec. 28, 1836. Pam. 262. 1. Sec. I. Whereas, the before recited Act of Congress making distribution of the surplus revenue, provides that the same may be called for, and therefore should be so deposited or loaned at interest, that it will produce a revenue to the State, and be called in when required. Beit therefore enacted, Sfc. That so much of the surplus reve- Thi5stars nue of the United States, as shall be deposited from time to time, with the State of Georgia, under an Act to regulate the deposites of the ! public moneys, shall be deposited by the Treasurer of this State, in bank and the Central Bank of Georgia, and it shall be the duty of the Pre si- people or dent, and Directors of the said Central Bank, to loan to the citizens bank".1 of this State, the said money, under the same rules and regulations that are now prescribed by law, for discounting notes in said bank ; and should there not be applications to said bank, within the time as now prescribed by law, to discount notes to the amount of money ♦The public debt was created chiefly by expenditures on the Western and Atlantic rail road, and the redemption of Central Bank circulation. For the various Acts authorising the issuing of scrip and bonds for each of these objects, see those respective titles: See also the latter title in reference to the commutation of bonds issued in redemption of its bills. Also, for Act of 1841, requiring that bank to pay the interest on the public debt. See, also, "State Officers," sees. 43, 59, 60. 894 PUBLIC DEBT.—1SI0-'13. Interest on—Stock appropriated—Debt to lleid, Irving & Co. they receive on deposit, then, and in that case, the President and Dir¬ ectors of said Central Bank, shall be authorized to loan the said mo¬ ney to any of the chartered banks of this State, that they may deem in a sound condition, in which the State is a stockholder, under the conditions provided in the next section of this Act. Sec. II and III. [Obsolete.] accruing in- 2. Sec. IV". The interest arising from said surplus revenue, shall tereai. ^ applied and disposed of, as a future Legislature, may by law, order and direct. An Act to set apart a fund Jor the'payment of the interest of the Public Debt of the State of Georgia, and the gradual reduction and ultimate payment of the Principal.—Assented to Dec. 23, 1840. Pam. 150. central bank 3 gEC- j p}c fa enacted, That the directors of the Central Bank required to /> i -i - i ' • i i pay interestf °f the State of Georgia, be, and they are hereby authorized and principal?0 required to apply, from time to time, as need may be, so much of the money of the said Bank, not otherwise appropriated, as may be sufficient to pay the interest of the public debt, and that the further sum of seventy-five thousand dollars of said money, be anAually Ap¬ plied by said directors to the payment and reduction of the principal of said public debt, until otherwise directed by the General Assem¬ bly of this State.* Bank stock 4. sEC- u The stock owned by the State in the Bank of to be sold f r\ n ami appro- Augusta, and in- the Bank of the State of Georgia, after meeting pnated. c}jarges now ma(je upon it, be sold as soon as par value can be got for them, and the proceeds thereof applied to the purposes speci¬ fied in the first section of this Act. An Act to fund apart of the Public Debt, and to 'create a Sinking Fund for the payment thereof ; and to provide for the'change am renewal of certain bonds and coupons.—Assented to Dec. 22, 1843. Pam. 140. Bebtto 5. Sec. I. Be it enacted,- That his Excellency, the Governor, be £eco'.,fto1bl and he is hereby authorized to fund the debt due Reid, Irving & Co. funded. Upon the hypothecation of State bonds made to them by the agent New bonds, of the State, Joel Crawford ; and to issue to them new bonds, pay¬ able at six years, bearing interest at the rate of six per cent, per annum. s75,ooo to 6. Sec. II. From any funds which may belong to the State, anmnily. there shall annually be paid to said firm of Reid. Irving & Company, the sum of seventy-five thousand dollars, in redemption of the prin¬ cipal of said debts ; which said sum shall be paid at the treasury, upon the presentation of the bonds before mentioned. *Ily Act of 1811, the Central Bank were required to pay the interest on the public debt. Repealed in 1812. PUBLIC DEBT —1843. 895 Debt to Ileid, Irving & Co. 7. Sec. III. It shall be the duty of his Excellency the Gover- Bond3 taken nor, upon the funding of the debt aforesaid, to cause the bonds hy- g^yed!de~ pothecated with the said Ileid, Irving & Company, to be cancelled and destroyed ; and no part of the sanie shall for any purposes what¬ ever, be issued, sold, or otherwise disposed of; but the same shall be, and they are declared to be, null and void, after such funding, to all intents and purposes whatsoever. 8. Sec. IV. In funding said debt, his Excellency the Gouernor, on notice is hereby instructed and required to make it a part of the contract be°p?ud. thereof, that the State of Georgia may upon six months notice, dis^- charge the whole or any part of the principal of said debt. 9. Sec. V. If the said Ileid, Irving & Company, should not ac- sale of bonds cept of the terms herein contained, that then the Governor be author- arehnottlie" ■ized to sell bonds of like description, at not less than six per centumfunded- below par, equal to the debt of said Reid, Irving & Company ; and forthwith to pay said .amounts to them in redemption of the said . debt, as herein before provided. 10. Sec. VI. In case the said debt of Reid, Irving & Company, 450,000 may be not discharged by either of the modes herein proposed, that then the Governor be authorized to borrow, at a rate of interest not ex¬ ceeding seven per centum per annum, a sum which, added to the unappropriated balance in the treasury, as will make fifty thousand dollars, which shall be applied to the payment of the said debt as herein before provided ; and that not less than the sum of fifty thou¬ sand dollars shall be raised annually (by the same mode if necessary) Annually, and applied as aforesaid, until the whole debt of said Reid, Irving & Company, shall be fully paid and discharged: Provided, that nothing contained in this section shall at any future time prevent the payment of said debts, according to the plans specified in the fore¬ going sections. 11. Sec. VII. The bonds to be issued under the provisions of Bonds how this Act, shall b.e authenticated by the signature of the Governor, ted!lenuca~ and that of the Secretary of State, and stamped with the seal, as provided by the Act of eighteenth day of December, eighteen hun¬ dred and thirty-eight.* 12. Sec. VIII. When the bonds held by Reid, Irving & Co., are Modcofcan. cancelled or any part of them, it shall be the duty of the Governor ceiiauon. to cause such of said bonds as are cancelled, to be destroyed, and an entry thereof made in the Executive office ; and that said bonds shall not stand, or in any wise be considered or held as an unexpired appropriation. 13. Sec. IX. The Governor be and he is hereby authorized to Bonds paya- issue to the holders of any of the bonds of this State, upon which State issued the principal or interest shall be payable, out of this State ; and in jjlos^paya- lieu thereof, other bonds and coupons which shall be payable in this blecmt ofit- State, (upon such terms as he may deem advisable) at not exceeding six per cent, interest: Provided, that the expense of such change of bonds shall be paid by the holders : Provided also, the original bonds *Scc "Internal Transportation," " W. & A. II. K." see. 50. Sec also sec. 93, same title. 806 PUBLIC DEBT.—1813. Bonds, &c. lost or mutilated—Temporary loan. shall be re-issued on any account whatever : but the same shall be filed awayin the Executive office, coupons 14. Sec. 10. When any bond of this State heretofore or hereaf- w mutilated ter issued, or the coupons attached shall be lost, mutilated or de- sued.1 e 3 stroyed, it shall be the duty of the Governor to issue to the holder, a evidence. new an(j COupons, in lieu of the original, upon receiving satis¬ factory evidence of such mutilation, and the surrender of the mutila¬ ted bond and coupons ; or in the case of loss or destruction, on the filing in the Executive office, of a copy of such bond and coupons, regularly established in the Superior Court of Baldwin Coiinty. Sec. XI. All laws or parts of laws militating against this Act, be, and the same are hereby repealed. An Act to cause all paym.ents from the State Treasury to be made in specie, or its equivalent, and to provide for the same; to regu¬ late the affairs, and to restore the credit of the bills of the Central Bank; and to prescribe the place of payment of interest on the Federal bonds.—Assented to 28th Dec. 1843. Pam. 144. ravmmts in 15. Sec. I- Be '%t- enacted, Thai from and after the first day of Febnia- spccie muds. ry next,his Excellency theGovernor, cause all payments made from the State Treasury, to be made in specie, or in specie funds. Temporary 16. Sec. II. To enable his Excellency the Governor, to carry 1ized.author" into effect the first section, that he be authorized to make a tempora¬ ry loan, to be realized as the public service may require, not exceed¬ ing the sum of one hundred and fifty thousand dollars ; and that he Bends there-cause the bonds of this State to issue therefor, payable in his discre- the same in trust, and may be expelled from the said trust by such same'by e church or society, according to the form of government or rules of trustees;' discipline by which they may be governed. And every church UdUthev or religious society shall be, and they are hereby authorized and em- niar powered to fill up all vacancies which may happen in the said trusts, by death, removal, expulsion or otherwise ; and when any vacancy ♦For the various Acts protecting them in their worship, see "Penal Laws," sec. 377* For the Act exempting live acres of land from taxation, see "Tax," see. 94. 900 RENT.—lSlO-'ll. Distress warrant—Claims. shall be filled up, the same shall be certified under the hand or hands of the person or persons presiding in the said society, and according to the form of government or discipline practised by the said church or society; which certificate shall express the name of the per¬ son appointed to fill the vacancy, and the name of the person in whose place he shall he appointed, and the said certificate being re¬ corded in the office of the Clerk of the Superior Court of the County in which the land lies, the person so appointed to fill such vacancy shall be as fully vested with such trust, as if a party to and named in the original deed. RENT. Sec. 1. Distress warrants, 41 2. Claims—trials. 44 3. Lien ol Rent. 44 4. Tenants holding over. 44 o. Right of entry. Sec- 6. Interest—trial. " 7. Proceedings vs. tenant. 44 8. Defence. 44 9. Writ of possession. An Act to regulate the collection of Rent.—Assented to Dec. 13,1810. Yol. II. 629. [Abolished the process by distress and sale, and allowing bail pro¬ cess before rent was due. Superseded by next Act.] An Act to point out the mode for the collection of Rents.—Approved Dec. 16, 1811. Yol. III. 737. Distress 1. Sec. I. From and after the passage of this Act, it shall and dev 30 doi may be lawful for any person who may, hereafter have rent due, levied'by a where the same does not exceed thirty dollars, to make application constable. to any justice of the Peace within the district where his, her or their tenant may reside, and obtain from such Justice a distress war¬ rant for the sum claimed to be due, on oath in writing,1 for the said rent, and the same may be levied by any Constable duly qual¬ ified, on any property belonging to the said tenant, who shall adver¬ tise and sell the same under the same rules and regulations as other if over 30 sales under execution; and where any distress shall issue for a sura ie0viedS'by°ae exceeding thirty dollars, it shall be levied by the Sheriff of said sheriff. County, advertised and sold as in cases of other executions : Provi¬ ded nevertheless, that the party distrained, shall be entitled to replevy the goods so distrained, by making oath that the sum or some part (1.) Oath of agent insufficient. 7 Ga. 52. RENT.—181l-'27. 901 Judgment first term—Tenant holding over. thereof distrained for, is not due, and give security for the eventual Replevy, condemnation money, and in that case it shall be the duty of such officer to return the same to the Court having cognizance of the same, and the same shall be determined by a Jury as practised in other cases of claim. 2. Sec. II. Where property distrained may be claimed by a third claims to-be person, the same shall be claimed on oath, which claim shall be tried"sdinnd returned, tried and determined in like manner and under the sameotller cases> rules and regulations as are by law pointed out for the trial of the right of property. 3. Sec. III. In no case a preference shall be given to persons rent not to distraining for rent, where there are any judgments against the per- tojudgmcnL son or property so distrained. 4. Sec. IY. Where any tenant shall refuse to give possession of the premises at the end of his lease, it shall be lawful for the person shall pay leasing the same to demand of such tenant, monthly, double the monthly.6"' sum that the same was leased for, and may recover the same at the expiration of every month, or in the same proportion for a l-onger or shorter time, by distress in manner pointed-out as aforesaid. 5. Sec. Y. If any person leasing or renting land, house or hous-re entry at es, shall fail to pay the rent at the time the same shall become due, the term5 it shall and may be lawful for the lessor immediately thereafter, to enter and retake possession of the premises so by him leased or rented.* 6. Sec. YI. All contracts for rents, whether verbal or in writing, aucontracts shall bear interest from the time the same shall become due, any law, bcarTntercst usage or custom to the contrary notwithstanding: and all actions^""tandfor' commenced in any of the Courts of this State for the recovery of ^^taelr^e rent in arrear, shall be tried at the term to which the same shall be but one con- returnable, unless good cause shall be shown for the continuance dl thereof, nor shall any such action be continued more than one term at the instance of either party, any law to the contrary notwithstand¬ ing. An Act to amend the Rent haws of this State.—Approved Dec. 24, 1827. Yol. 1Y. 220. 7. From and after the passing of this Act, it shall and may be when a ten- lawful upon the expiration of any lease, or time for which lands over and re- have been rented, which are now in existence, or have already ex-fj^^sses- pired, or which shall hereafter exist, where the tenant or his sub-ten-sion'theles~ r 7 7 • sor or owner, ant holds over, and where the owner of the rented property, or his ™eoat£tof agent or representative, shall desire to have possession of the same, may obtain to demand of the tenant or tenants the possession of the rented prop- erty, and in case of refusal on the part of the tenant, or omission on ea^udUm his, her or their part to deliver possession, it shall and may be lawful for the owner thereof, or by his or her agent or representative, to go be¬ fore the Judge of the Superior Court, or any Justice of the Inferior •For proceeding, see sec. 7. 902 RIVERS. Analysis. Court, or Justice or the Peace, and make oath that the lease or term of time for which the land was rented has expired, and that the tenant re¬ fuses, omits or neglects to give possession; it shall be the duty of the person before whom the oath is made to issue or grant a warrantor pro¬ cess directed to the Sheriff or his deputy, requiring or commanding him to deliver to the owner, his agent, or representative, peaceable, full and quiet possession of the rented premises, removing the tenant or tenants with his property found thereon, belonging to such ten¬ ant or tenants therefrom. howtheten- 8. Sec. II. When the tenant shall declare on oath that his lease, the proceed- whether written or verbal, is not expiredr or that he does not hold the sheriff to re- premises either by lease or rent from the said person who has made the said oath, or by any one holding under him or them by rent or the court lease, he shall not be removed from the possession of the said prem- cartel fcict shaii be tried ises, but the Sheriff shall return, the proceedings to the next Superi- DouMerent. Qourt 0f Q0U1]ty where the land lies, and the fact be there tried ; and if determined against the tenant or tenants, he shall pay double the rent received, and the person making the said oath shall writofpos- be entitled to a writ of possession, to be issued from and under the granted.1'16" directions of the said Superior Court, directed to the Sheriff or his deputy, who shall give possession of the premises as prescribed in the first section of this Act. Sheriff's fee. 9. Sec. III. The Sheriff, for executing the process aforesaid, shall be allowed the sum of three dollars, which amount shall be paid by the tenant, and his goods levied on for that purpose.* RIYERS.+ Rivers generally. Sec. 1. Savannah and Tributaries—Broad, &c. Sec. 5. Ogeeciiee and Trieutaej.es. Sec. 42. Altamaha and Tributaries—Oconee, Ocmulgee, Sec. See, 57. Chattahoochee and Flint, and their Tributaries. See. 87. Coosa and Tributaries—Etowah, &c. Sec, 115. Big Satilla. Sec. 126. jfoTLEY. Sec. 131. ART. I. RIVERS GENERALLY. Sec. 1. Throwing ballast into. I Sec. 3. Duties of Justices. '• 2. Arrest and Bond. | " 4. Fines and Forfeitures. ♦For provision in relation to forcible entry and detainer of lands, see "Penal Law*" sees. 211, &c. it fFor Act in relation to accounts of River Commissioners, see title »' State Officer*- Art. I. •« II. « III. " IY. " V. " VI. « VII. " VIII. RIVERS.—1763-'65. 903 Throwing ballast, &c, in—Proceedings. An Act to prevent persons throwing ballast or rubbish, or falling trees into the Rivers and navigable Creeks within this Province, and for keeping clear the channels of the same.—Approved April 7, 1763. Vol. I. 364. [Superseded by next Act, and by various provisions as to each river and navigable creek.] An Act to amend the foregoing.—Approved March 25, 1735. Vol. I. 364. [Preamble sets out the provisions of former Acts and their ineffi¬ ciency.] 1. Sec. I. Be it enacted, Spc. That from and after the passing persons of this Act, if any master or owner, or any person acting as master bhXs]n&c. or owner of any ship or other vessel whatsoever, shall cast, throw int0 rjv®rp •r li r &c. shall tor- outor unlade, or if there shall be cast, thrown out, or unladen fromfcitm.tex- or out of any ship or other vessel, being or riding within any port,cee ms- road, channel, river, or navigable creek within this province, any Bal¬ last, rubbish, gravel", earth, stone, or wreck, but above high water mark, (except as in the said Act excepted,) every master or owner or any person acting as such as aforesaid, shall be deemed the offenders, and shall forfeit and pay for every such offence, a sum not exceeding 300 pounds sterling, to be recovered and applied as hereinafter di¬ rected.* And for the more speedy determination of offences against this Act, May bear- 2. Sec. II. Be it enacted, &pc., That information on oath being iound over, made of such offence before the Chief Justice, or one of the assistant Justices of the General Court of Pleas of this province, the said Chief Justice and Justices or any or either of them, are hereby required and directed, forthwith to issfie his or their warrant to apprehend the of¬ fender or offenders, and oblige him or them to find sufficient securi¬ ty for their appearance at the Court to be holden for that purpose, and to abide the judgment thereof; and in case such offender or of¬ fenders shall neglect or refuse to find such security, it shall and may be lawful to and for the said Chief Justice and assistant Justices or any or either of them, to commit such offender or offenders to the common jail of Savannah, until the determination thereof. [The rest of the section is rendered obsolete by the Constitution of 1798.] 3. Sec. III. If any offence shall be committed against this Act Powers of in any part of this province, where information thereof cannot speed-i^'peac^ ily be mide to the Chief or assistant Justices of the General Court,herein* it shall and may be lawful for any Justice of the Peace in the par¬ ish wherein the offence shall be committed, to receive such informa¬ tion on oath, and to bind over the offender or offenders, and the in¬ former or informers, with sufficient securities, to appear as aforesaid; and the said justice is hereby required to transmit such information immediately to the Chief or assistant Justices, who are hereby re- *See " Penal Laws," sec. 265. 904 RIVERS—1S17--26. Improvement of Internal navigation—Water courses. quired to proceed in the same manner as if the same had been made before him or them. finland 4. Sec. IV. All forfeitures incurred by virtue of this Act shall how'appro- be, one moiety thereof to the informer and the other moiety thereof pnated' to his Majesty* for the use of this province, to be paid into the hands of the Treasurer of this province, and to be applied for clearing and keeping clear the rivers and navigable creeks within the same. An Act to appropriate money for the improvement of the Internal Navigation of the State of Georgia.—Approved Dec. 19, 1817. Vol. III. 513. Sec. I. II. and III. [Appoints commissioners for various rivers, and appropriates for the improvement of the navigation of the Oc- mulgee, $10,000 ; the Alatamaha, $5,000 ; the Ogechoe, $3,000; Briar Creek, $3,000; Savannah and Tugalo, $20,000; Savannah riv¬ er below Augusta, $5,000; Broad river, $5,000 ; the Oconee, $10,000; for the Oconee above the mouth of Fishing Creek, $5,000.] Sec. IV. [Appropriates $250,000 as a permanent Internal Im¬ provement fund, allowing subsequent Legislatures to change the dis¬ position of it. Sec. V. Provides the interest only to be used.] An Act to provide for the improvement of the navigation in certain Water Courses herein expressed.—Approved Dec. 26, 1826. Vol. IV. 355. Sec. I. to XVII. inclusive. [Appropriates in Darien money for the improvement of the navigation of Oconee River below Carter's Bridge, $20,000; Ocmulgee above Macon, $10,000; below Macon, $20,000; the Alatamaha, $20,000; Chattahoochee, $10,000; Ogeechee below the mouth of Rocky Comfort, $5,000. The gen¬ eral and special appropriations in these two Acts, amounting to $401,- QOO.Jf ♦See Laws, sec. 4. tOne cannot fail to be surprised at the amount appropriated for the purpose of clear¬ ing out these highways. Railroads and turnpikes and plank roads have entirely super¬ seded them in the estimation of the public, and the most of these Acts are now obso¬ lete, practically. The system was formally abandoned in 1829. Vol. IY. p. 149 of Res. See, also, Pam. 1833, p. 409. RIVERS.—Savannah, Broad, &c.—1809-15. 905 Penalty for obstructing main channel. ART. II. SAY ANN AH RIVER AND ITS TRIBUTARIES, BROAD, &C. 24. Pees of Commissioners and J. P. 25. Co Treasurer to pay. 26. Commissioner's oath. 27. Unauthorized fishing. 28. Prima facie evidence. 29. Fixed nets, evidence. 30. Vacancies, (Broad river.) 31. No fees to Commissioners. 32. Obstructions to fish. 33. Prosecution, penalty. 34. Obstructing Broad river. 35. Proceedings to remove. 36. Sheriff's duty, &c. 37. Resisting officers. 38. Sheriffs' return, fees, &c. 39. Commissioners appointed. 40. Filling vacancies. 41. Above Light-wood Log: Sec. 5. Obstructing main channel. 6. Penalty, recovery. 7. Filling vacancies. 8. Vacancies, (Broad river.) 9. I channel above Augusta. 10. Aid from citizens. 11. Obstructing by dams. 12. Agents and negroes obstructing. 13. Commissioners' oath, duty. 14. Neglecting their duty. 15. Offenders' punishment. 16. Commissioners' powers. 17. Catching fish, &c. 18. Floating houses prohibited. 19. Punishment. 20. Who may fish ? 21. Search by patrols. 22. Application to Justice of the Peace. 23. Commissioner's duty. An Act to keep open, remove, and prevent obstructions in Savannah River, calculated to impede the jree passage of fish and the nav¬ igation of said river by boats, so far as respects the Counties of Richmond, Columbia, Lincoln , Elbert, and Franklin,* as far as the mouth of Tugalo and Keowee Rivers.—Approved Dec. 15, 1809. Vol. II. 564. Sec. I. [Declaring obstructions unlawful.] Sec. II. [Fixing the penalty, and how to be recovered.] 11. Sec. III. [Allre-enacted subsequently not to extend below Richmond. Commissioners' oath.] An Act more effectually keeping opeA Savannah river—Approved Dec. 1, 1802. Vol. II. 80. And an Act to amend this Act of Dec. 15, 1809, (reciting its title at length,) approved Dec, 10, 1812. Vol. III. 488, arfe both included in subsequent statutes. An Act to keep open the main channel of Broad River, from the con¬ fluence oj the same with the Savannah River, to the mouth of Bluestmie creek.—Approved Dec. 22, 1808. Vol.11. 461. [Re- enacted in subsequent Acts.] An Act to keep open the main channel of Broad river, from the con¬ fluence of the same with Sctvannah river, to the mouth of Hud¬ son's river in Franklin County.—Approved Dec. 13, 1809. Vol. II. 547. [Re-enacted in subsequent Statutes.] An Act to authorize Shaler Hillyer, of the County of Wilkes, to build a Mill-dam across Broad river, at the shoals called and known by the name of MuckWs Ferry shoals, and for other pur¬ poses.—Approved Dec. 8, 1815. Vol. III. 494. Sec. I. to IX. [Inclusive, relate to Hillyer's Mill-dam.] [Remainder superseded by subsequent Acts.] •Sec an Act passed for Franklin County, Dec. 1810, Vol. II. 604. As to Brier Creek, see Article III. " Ogechee and tributaries." As to rivers in Bryan, Chatham, and Buxke, see same title. 114 906 RIVERS.—Savannah, Broad. &c.—1816. Obstructions—Savannah—Vacancies. An Act to repeal an Act to authorize John Martin Dasher to keep open and improve the navigation of Ebenezer Mill Creek, and to erect Mills thereon, and to prevent persons from placing obstruc¬ tions so as to impede the free use and navigation of the scunc.— Approved Dec. 18, 1816. Vol. III. 505. Penalty for 5. Sec. II. After the passage of this Act, in case any person or per- themain"3 solls shall obstruct, in any manner, any part of the main current or ofaEbonezer c^ianne^ ^ Ebenezer Mill creek, from its confluence with Aber- miii creek. corn creek, to its source, in Savannah river, he, she or they shall forfeit and pay the sum of thirty dollars for every twelve hours the same shall remain unremoved, to be recovered before any Court having jurisdiction thereof, one half to the informer, the other half to be applied to the improvement of the navigation of the said creek; and the commissioners, or a majority of them hereafter to be appoint¬ ed by this Act, shall proceed to remove such obstructions in such manner as they may think proper. Sec. III. [Temporary.] Sec, IV. [Appoints five commissioners.] A majority of whom shall have full power and authority to carry into eifect the intentions and meaning of this Act. An Act to amend* an Act passed the 10th day of December, 1812, entitled " an Act to keep open, remove and prevent obstructions in Savannah river, calcidated to impede the free passage offish, and for other purposes."—Approved Dec. 18, 1816. Vol. III. 500. penalty for 6. Sec. II. If any person or persons shall place, or cause to be obduucOons. placed, into said main channel or sluice, including one-third of the Savannah or Tugalo rivers, any obstructions calculated to impede the free passage of fish, after the 15th day of February next, and be¬ fore which time some one or more of the said commissioners shall make known to some one or more Justices of the Peace of the dis¬ trict adjoining such shoal or shoals, the main sluice thereof, he, she or they shall pay, upon conviction before any Justice or Justices of the Peace, for the district opposite to, and adjoining the river, where $30 per diem such offence may be committed, the sum of $30 for every 24 hours that said obstructions may remain in said sluice or channel, to be re¬ covered in the usual manner of Justice's proceedings on sums under $30 ; one-half to be paid to the informer or informers, and the other Half to the half to such commissioner as is is now or may hereafter be appointed, omnmision- . . , • i i • • /* i y-i 1 er*. that is to say, to be paici to the commissioners 01 the Comity where such offence or offences may be committed, to be applied to their own proper use, for their services of laying out said main channel or sluice of said Savannah and Tugalo rivers, vacancies 7. Sec. III. When any vacancy or vacancies may happen by ferior Court death, resignation, or removal out of the Ocunty, of any one or more of said commissioners, the Justices of the Inferior Courts of *See Act of 1829, sec. 9, which supersedes this Act. below Lishtwnnfl T,ns. river, or on or near the banks of waters communicating therewith, and to search the same,* and if upon such visit or search, any rice prohibited in the rough state or clean, or Indian corn or peas, exceeding in f0ru„j stol e quantity one peck, shall be found therein, or in the actual or vir- p^wumptive tual possession of any occupant of such house, hut, or camp, or any uuhwfui° spirituous liquors exceeding in quantity one gallon for each occu- dcalmg- pant of such hut, house or camp, it shall be evidence against the in¬ habitant or inhabitants, occupant or occupants, of such hut, house or camp, of trading by him, her or them, with negroes without a ticket from the owner, and shall be punished according to the pro¬ visions of the Act of 19th Debember, 1818,f entitled an Act to al¬ ter and amend an Act, to prohibit slaves from selling certain com¬ modities therein mentioned. An Act authorizing any person to apply to a Justice of the Peace for the speedy removal of obstructions to the free passage offish in Broad and Savannah rivers.—Assented to Dec. 20, 1S34. Pam. 190. 22. Sec. I. From and after the passage of this Act, it shall be Application lawful for any person to apply to a Justice of the Peace for thetoJ-P' speedy removal of obstructions to the free passage of fish in Broad and Savannah rivers. 23. Sec. II. It shall be the duty of the Justice on application *See Act of 1S50, sec. 52, Art. III. " Ogeechce," &c. f l'iiis Act repealed by Penal Code. 01-2 RIVERS.—Savannah, Broad, &c.—1831-37. Speedy removal of obstructions. • r, cnmmis being made, to appoint live fit and disinterested persons as com- r"inted.ap' missioners, whose duties it shall be to repair within three days to Uub- the place where the obstructions as complained of are, and to exam¬ ine the nature and extent of the same, and if the said commission¬ ers shall report that said obstructions are contrary to the laws now in force for the keeping open said rivers for the free passage of fish, it Order. shall be the duty of the Justice to grant an order for the removal forthwith of said obstructions to the person thus complaining : Pro¬ vided, that no order shall be granted for the removal of said obstruc- noticeto tions, unless the party in interest shall be notified of the time said to'rssu commissioners intend examining said obstructions. Sec. III. [Persons offending not exempt from penalties annexed by former laws.] An Act supplementary to an Act entitled an Act to keep open the main channel of Broad and Savannah rivers for the free passage of fish, assented to on the 20th of December, 1834, and to compen¬ sate the Justices of the Peace and Commissioners tvho are con¬ templated in the second section of the above recited Act for the same.—Assented to, Dec. 25, 1837. Pam. 233. F?es of Jus- 24. Sec. I. Be it enacted, That from and immediately after the commission- passage of this Act, on application to any Justice of the Peace for ®ri- the appointment of five commissioners to repair to any point for viewing the extent of obstructions, and on their report, the said Justice shall grant an order for the same ; the Justice shall have and receive for his compensation, the sum of one dollar and fifty cents for the services rendered, agreeable to the second section of the above recited Act, and the commissioners shall have and receive the sum of two dollars each per day, as a compensation for their services for attending to the duties contemplated in the second section of the above recited Act.* on Justice 25. Sec. II. The said Justice shall, on the report of the commis- tukfueSCer sioners, give them a certificate setting forth the amount due them for Treasurer to tlieir services, which shall be sufficient testimony for the Treasurer of the County where the applicant resides, to pay over the amount set forth in said certificate, out of any moneys not otherwise appro¬ priated. 26. Sec. III. Before the commissioners proceed to the duties as¬ signed them in the above recited Act, shall take the following oath, Commission- administered by a Justice of the Peace : I, A B, do solemnly swear that «rs' oath, j t0 kggj. 0f my amities an(j understanding, faithfully dis¬ charge the duties assigned me as commissioner, agreeable to the re¬ quisition of the second section of the above recited Act, without fa¬ vor or affection to any party in interest—so help me God. Sec. IV. Nothing in this Act shall be so construed as to exempt any person from the penalty annexed by law, made and provided for in such cases. *Soc jcc. 31. RIYERS.—Savannah, Broad, &c.—1839—'42. 913 Unauthorized fishing—Fixed seines, nets, &c. An Act to secure to owners of fisheries on the Savannah river their rights to the same, and to admit the free passage of fish up the said river.—Assented to 23d Dec. 1839. Pam. 203. Whereas, many persons are in the habit of fishing with nets and seins in the seine-holes or fisheries of persons owning the same on the Savannah river, during the fishing season, to the great damage and inconvenience of the owners of the same, for remedy whereof— 27. Sec. I. Be it enacted, That from and after the passage fishing of this Act, any person or persons who shall be- found fishing with nets or seines of any description, in any seine-hole or fishery which demeanor, may be used or occupied by the owner, or any other person or per¬ sons having the right of the same, without the permission of such owner or person having the right to the same, such person or persons shah be guilty of a misdemeanor, and on conviction shall be fined " or imprisoned, or both, at the discretion of the Court.* 28. Sec. II. Upon .the trial of any person or persons under the occupancy foregoing section, evidence of the use and occupancy of such seine- hoieShmg hole or fishery, by the owner or other persons having the right to ^^mev" the same, shall be presumptive evidence of the ownership of said fishery, without producing the titles to the land covered by the wa¬ ters of said fishery. • 29. Sec. III. If any person or persons shall stretch any fixed ^i(f6d net9> net, wire work or other obstruction, permanent across said river, to prevent the passage of fish up the same, such person or persons shall be guilty of a misdemeanor, and on conviction shall be fined and im¬ prisoned, at the discretion of the Court, and the existence of such ob¬ struction at or near any fishery, shall be presumptive proof against presumptive the person or persons occupying said fishery, so as to authorize aevidence" conviction of said person or persons so using or occupying said fish¬ ery. Sec. IY, All laws militating against this Act, be, and the same are hereby repealed. An Act to amend an Act entitled an Act to lay off, define and Iceep open the main sluice of Broad riuer, so as to prevent the obstructions of the free passage of fish, and to appoint Commissioners for the same, pass¬ ed the 18ih December, 1820.-^-Assented to 24th Dec. 1842. Pam. 143. Sec. I. [Appoints new commissioners.] 30. Sec. II. When any vacancy may happen by death, resignation vacancies, or otherwise, the remaining commissioners shall have power to im¬ mediately fill such vacancy. 31. Sec. III. No commissioner on said river shall have anything no fees to as compensation for opening and keeping open said river. comnussion- Sec. IV". All laws and parts of laws militating against this Act be, and the same are hereby repealed. •See further Act, of 1850, Art. Ill, " Ogeechee," &c. sec. 52. 115 914 RIVERS.—Savannah, Broad, &c.—1842-'47. Free passage of Fish—Obstructions to boats. -4 72. Act to prevent obstructions from being placed in the Savannah and Ogeechee rivers, so as to prevent the free passage of fish, and to pvn* ish such as may so obstruct said rivers.—Assented to 25th Dec. 1842. Pam. 144. No obstruc- 32. Sec. I. Be it enacted. That if any person shall place any ob- lion to pas- struction in either of said rivers, extending to more than half the sage of fish. 7 o width of said river, where said obstruction shall be placed, so as to Fine and prevent the free passage of fish, he or they shall be subject to a fine men"30" °f fifty dollars, and imprisonment not exceeding ninety days, in the jail of the County where such offence be tried : Provided, That the usual method of drawing a seine by extending and drawing it in im¬ mediately, shall not be considered a violation of this Act. one half to 33. Sec. II. Any person feeling himself aggrieved by any such the° other to obstruction, may prosecute the offender or offenders in any Court the county, having competent jurisdiction in the County where the offence may be committed; and updn conviction, one-half the fine shall go to the informer, and the other half to the County where the case may be tried. Sec. III. [Repealing clause.] An Act to Tcccp open tlie channel of Broad river, and remove and prevent obstructions to the free passage of boats in the same, from the point where the Franklin County line crosses said river to its confluence with Savannah river, and provide for the punishment of such 'persons as shall violate the provisions of this Act.—Approved Dec. 28, 1847. Pam. 274. obstruction 34. Sec. I. Be it enacted, That from and after the passage of this Broas' from the mouth of Lightwood Log creek to the mouth of Panther creek. Other appropriations Jar Savannah River, not referred to in the text.—1815, $10,000, Vol. III. 499, 515 ; 1817, $20,000, lb. 521; 1818, $30,000, lb. 522; 1826, $10,000, Vol. IV. 327. Other appropriations for Broad River.—1817, $5,000 ; Vol. III. 513 ; and $3,000 for Bri¬ er Creek. Resolutions asio Savannah River.—Of 1819, Vol. III. 1215 ; of 1821, Vol. IV. p. 39; of 1822, Vol. IV. 21; 1827, lb. 92 ; 1823, Vol. IV. 353 ; 112 of Resolutions, p. 74; 115 of Resolutions; 1835, Pam. 351, 356; 1815, Pam. 203. For interesting historical notices of the efforts of Georgia and South Carolina, to act in concert in improving the Savannah River, see Vol. IV. p. 112 of Resolutions, and Prince's Digest, (1837.) p. 700. Sec, also, Prince's Digest, (1837,) 701, 705, for note as to Broad River Navigation Company, and expenditure of appropriation on Brier Creek. 916 RIVERS.—Ogeechee and Tributaries.—1796-1808. Rivers, &c. Chatham and Biyan—Obstrueiions. ART. in. OGEECHEE RIVER AND TRIBUTARIES. See. 42. 43. 44. 45. 46. 47. 48. 49. Creeks, &c. in Chatham and Bryan. Removal of obstructions. Commissioners for Ogeechee, &c. Proceedings vs. offenders. Vacancies in Commission. Water courses in Burke County. Indictment. Each day an offence. Sec. 50. Obstructions, Lott's Creek. " 51. Proceedings to remove. " 52. Unlawful fishing. ■' 53. Floating arks prohibited. " 54. Owner may fish. " 55. Punishment—slave. 56. Search by patrols. An Act for clearing out Ogeechee River and Brier Creek.—Approv¬ ed Feb. 22, 1796. Vol. I. 366. An Act to incorporate a Company for the improvement of the navi¬ gation of that paid of Ogeechee River between the Town of Louis¬ ville and Paramour1 s Bluff.—Approved Dec. 5, 1801. Vol. II. 29. [Never went into operation.] An Act to authorize certain Commissioners therein named to establish a lottery for the purpose of raising the sum of $'3,000, to be ap¬ propriated to clearing out and improving the navigation of the Ogeechee and Canuchee rivers.—Approved Nov. 26, 1:02. Vol. II. 66. [Obsolete.] An Act to prevent any person or persons from placing obstructions in or over the rivers, creeks or water courses of Chun ham and Bryan Coun¬ ties.—Approved Dec. 13, 1808. Vol. II. 484. Whereas, great inconvenience has ajd,sen to the people of Chatham and Bryan Counties from the practice of placing bridges over, and erecting dams across the rivers, creeks and water courses of said Counties, which might otherwise be navigated by boats; for reme¬ dy whereof, creeks,riv- 42, Sec. I. Be it enacted, Spc. That no person in future shall ter-Mjurae^" authorized to build any bridge across any river, creek or water chstom course, which shall at any time admit the passage of boats, unless counties not the said bridge is at least six feet higher than spring tides ordinarily structedi rise; and in no case shall any person be authorized to dam across a river, creek or water course which is convenient to, and frequent¬ ed by the inhabitants of Bryan or Chatham Counties, in the Counties aforesaid. aii obstruc- 43. Sec. II. If at this time any bridge exists, or is in future removed.6 erected, over any water course frequented by, or convenient to the inhabitants of the Counties above named, which does not answer the description given in the above recited enact wg clause, the Inferi¬ or Court of Chatham County is hereby authorized and required to cause the same to be removed on the application of five or more of Tn what the inhabitants of the said Counties of Chatham and Bryan, by the maimer, per son or persons who have built the same: and in case of their re- RIVERS.—Ogeechee and Tributaries.—1810-'36. 917 Obstructions—Commissioners. fusal, to employ persons to do it at the cost of the builder or builders, to be levied 011 his, her or their property by distress and sale ; and in every case where a dam has been erected, as above described, to cause the same to be removed and the water course cleared out in like manner. An Act to incorporate a company for the purpose of opening the 'Ogee- chee river, from, the mouth of Canuchee to the mouth of Rocky Com¬ fort, and for the improvement of the navigation thereof.—Approved Dec. 15, 1810. Vol. II. 645. An Act amendatory of the foregoing.—Approved Dec. 13, 1811. Vol. Ill 482. An Act to keep open Great Ogcechee and Brier Creek.—Approved Dec. 22, 1808, Vol. II. 459. [Superseded by the Act of 1836.] An Act to revise and amend the third section of an Act for clearing out Ogeechee river and Brier Creek, passed the 22d day of Feb¬ ruary, 1796.—Approved Dec. 14, 1811. Vol. III. 484. [Persons putting in obstructions, required to remove them, or else removed by Constable, at expense of offenders. But see Act of 1842, under head of " Savannah River," sec. 32: 2d offence, $100 pen¬ alty.] The next effort made by the Legislature for the Ogeechee, was the appropriation of $3,000 in the Act of 1817, Vol. III. 513, which was, however, by a resolution of the next year, [Vol. III. 1198] placed in the hands of, the commissioners appointed to open the Skidaway Narrows near the mouth of the river, and two gentlemen of Jeffer¬ son County were the ensiling vear (1819) united to that commission. (Ib. 1218.) The second general river navigation Act of 1826, allotted (sec. 12) that part of the river below the mouth of Rocky Comfort creek, $5,000, provided the Ogeechee Navigation Company would relin¬ quish all right of toll. Vol. IV. 356. Twelve hundred dollars appropriated in 1836 for the improvement of the Great Ogeechee. Pam. 32. An Act to appoint Commissioners, with power to remove obstructions to the free passage of fish in the Ogeechee river, and to punish those who may attempt to defeat the same.—Approved Dee. 28, 1836. Pam. 240. 44. Sec. I. John H. Newton, John Cain and John G. Lyon, of commission- the County of Jefferson; Reuben May, John McCrary and Elijah appomt~ Jones, of the County of Warren ; John Coffield, Riley Sprague and Edmund May, of the County of Washington ; Elijah Warthen, Thomas Dickson and Thomas Cheely, of the County of Hancock^ 918 RIVERS.—Ogeechee and Tributaries.—1836. Proceedings—Vacancies. be and they are hereby appointed commissioners to remove all ob¬ structions for twenty-five feet of the main channel of the Ogeechee river, for the free passage of fish, between the mouth of Rocky Their pow- Comfort creek, and the shoals of Ogeechee, in Hancock County; and ers and duty. ^at said commissioners, or a majority of the commissioners of any of said Counties, be, and they are authorized, from time to time, and as often as they may deem expedient, to enter upon the dis¬ charge of their duties, and remove all obstructions that may impede the free passage of fish, to the width of twenty-five feet of the main channel of said river, between the points herein designated; and, may employ such persons under them as they may deem necessary offence of to effect said object; and if any person oppose said commissioners teem!1"8 in the execution of said duty, by threats or otherwise, any one or more of said commissioners may apply to a Judge of the Superior Court, or a Justice of the Inferior Court of the County in which such person or persons may reside, and on complaint on oathy that offenders such person or persons has opposed, or is opposing said commission- un ove' ers in the discharge of their duty, the Judge or Justice shall issue his warrant to the Sheriff or his deputy, or any Constable of said County, requiring him to arrest such person or persons, and bring him or them before such Judge or Justice, forthwith, and upon evidence to the satisfaction of such Judge or Justice, that the person arrested has opposed, or is opposing said commissioners in the discharge of said duty, said Judge or Justice shall require such person to enter into bond with good and sufficient security, in the sum of one thousand dollars, payable to the commissioners who at the time shall be engaged in the execution of the duties of this Act, with condition that such person or persons shall not oppose or interfere with said commissioners in the removal of the obstructions for the space of twenty-five feet above specified in said river; and if the persons shall fail or refuse to give bond, the Judge or Justice shall commit him or them to the common jail of the County, there to re¬ main until such bond shall be given, or such obstructions removed, proceedings 45. Sec. II. If any person shall commit a breach of the bond bonds.feited by him given, it shall be lawful for the commissioners therein nam¬ ed or their survivors, to institute suit thereon, and to recover the pen¬ alty of the bond, to the use and benefit of the County or Counties rers'ns here-in which such commissioners may reside ; and if any person shall kuucti'ng the hereafter obstruct the main channel above specified, for the free pas- beTicau witii sage of fish, between the places hereinbefore designated, by fish traps, dams or other impediments, such person or persons shall be subject to indictment in the Superior Court of the County in which the offence may be committed, and on conviction, shall be fined in a sum not more than three hundred dollars, nor less than one hun¬ dred dollars, one half of which shall be for the use of the prosecutor and the other half for the use of the County in which such convic¬ tion shall be had. the ac£cicsin 46. Sec. III. Ifanyofthe commissioners herein named, shall «ion. 8~ refuse to act, or shall die or remove, the Inferior Court of the Coun¬ ties in which such vacancy may happen, shall, upon application, ap¬ point some suitable person to supply his place, and the person that RIVERS.—Ogeechee and Tributaries.—1837-'39. 919 Burke County—Lott's creek. maybe appointed, shall have all the powers rights and privileges of the commissioners herein named. Sec. IV. [Repels all conflicting laws.] An Actio appoint two additional Commissioners for improving the Navigation of the Canoechia river.*—Assented to Dec. 22, 1837. Pam. 232. [For Act of 1842, in reference to a speedy removal of obstructions, see " Savannah River," sec. 32.] An Act to prevent the obstruction of the free passage of fish up the several creeks and water courses in the County of Burke.—As¬ sented to Dec. 23, 1839. Pam. 161. 47. Sec. I. Be it enacted, That from and after the passage of Free passage this Act, it shall not be lawful for any person or persons to prevent Buite ck the free passage of fish up the water courses in the County of Burke, by the erection of fish traps, or any other device now used, or which may hereafter be used, for the purpose of impeding or of preventing their passage up said water courses as aforesaid. 48. Sec. II. Any person or persons violating the first section indictment, of this Act, shall be subject to indictment for a misdemeanor, in the Superior Court of said County, and shall, on conviction, be sub¬ ject, for every such offence, to a fine not exceeding thirty dollars, nor less than ten dollars, at the discretion of the presiding Judge. 49. Sec. III. Any person or persons violating the first sec-For each day tion of this Act, shall, for each and every day, be subjected to in¬ dictment and punishment under the second section of this Act, as for a separate offence. Sec. IV. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to keep open, prevent and remove obstructions from Lotfs Creek, in the County of Bulloch.—Assented to Dec. 23, 1839. Pam. 161. 50. Sec. I. Be it therefore enacted, That from and after the obstructions passage of this Act, it shall not be lawful for any person or persons lumber."2 to place, build or construct any dam or other obstruction in or across the said Lott's Creek, in the County of Bulloch, so as to prevent the rafting of lumber down the said creek. 51. Sec. II. In case of such obstruction now existing, or here-complaint to after to be made, it shall be the duty of the Justices of the Peace, the Peace, or either of them, in the district where such obstruction may be, upon complaint made on oath, to summon any person or persons charged with so obstructing the same, by warrant under his hand, to be served in the usual way, requiring such person or persons so charg- rroceedingg. ed, to be and appear before him, on a day not exceeding five from Tor Acts in relation to rivers in Tattnall County, see "Altamaha," sec. 76. 920 RIVERS.—Ogeechee and Tributaries.—1839-'50. Unauthorized fishing—Residing in ark, &c. the time of such complaint, to answer such charge ; and if such Justice or Justices, upon hearing and investigating the matter, shall be of opinion that such person or persons so charged, are guilty of an offence against the true intent of this Act, such Justice or Justices Party to re- shall forthwith order such person or persons to remove such obstruc- move* A . J tion ; and in case of refusal or neglect to comply with such order, it shall be the duty of such Justice or Justices to have the same re- ot!;?rwise at moved, at the cost or expense of such person or persons so offending, .(<<* expense. an(j t0 jssue execution for the amount of such expense : Provided, the same does not exceed the sum of thirty dollars ; and Provided, also, that nothing in this Act shall be so understood or construed as interfering with the privilege of erecting or building a dam across such water course, further than to require such person or persons so building, and to make and to construct such gates in said dam, as are in use at Deloache's Mills, and as will answer the purposes of this Act. Sec. III. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An 4-d to regulate and give the control of the fisheries on the Great Ogeechee river below HilVs bridge on the Darien road, Bryan Coun¬ ty, and on the Savannah river from Abercorn creek to the mouth of said river, to the proprietors of the banks and islands of said rivers; also, to prevent illicit trading with slaves, and dssserriinating incendia¬ ry publications.—Approved Feb. 21, 1850. Pam. 357. Whereas, certain persons under pretence of fishing in the waters of the Great Ogeechee river below Hill's bridge, and on the Savannah river from Abercorn creek to the mouth of said river, residing in ves¬ sels, covered flats or arks, are a cause of serious injury to the plan¬ ters residing on these rivers, by trading with and corrupting the mor¬ als of their slaves, and by their intercourse with said slayes, tending to produce great disorder and immorality ; and whereas their mode of fishing is calculated to impede the passage of fish up the rivers almost entirely: Unlawful 52. Sec. I. Be it enacted, That from and after the passage of fishmg. not ^ iawful for any one, other than the proprietors of the shores, islands and bars of said rivers, or such persons as shall be by them duly authorized, to catch or take fish with seines, nets or any such contrivances of the kind, on any part of said rivers below Hill's bridge on the Ogechee river, and from Abercorn creek to the mouth of the Savannah river.* Residing in 53. Sec. II. From and after the passage of this Act, it shall not hlbi^ipro" be lawful for any person to inhabit, occupy or reside in any vessel, ark or flat on the aforesaid rivers, vrhich shall not be engaged in the lawful commerce of said rivers in the carriage or transporting goods or produce to or from market, unless owned by the proprietors of the shores or his or her lesees. 'For former Acts as to Savannah river, see sees. 5 to 41. RIVERS.—Altamaha, Oconee, &c.—1798. 921 Analysis. 54. Sec. III. Nothing heretofore contained shall be so construed ownersmay as to prevent the owners of the land on said rivers, or their lessees, lsl' from taking fish in the river opposite their banks: Provided that Except on from sunset Saturday to sunrise Monday no net or seine shall be per-fied mitted to be used in said rivers, either by the owners or their lessees : Prodded, also, that on granting a lease to fish, said lease shall be re¬ corded within ten days after the date thereof. 55. Sec. IV. All offences against the provisions of this Act, shall be punished, if committed by a white person, for each offence by a persons, fine of not less than two hundred dollars, which fine when collected shall be appropriated to the poor school fund of the Counties of Bry¬ an and Chatham ; if committed by a s7ave or free person of color, of slaves, by whipping, not less than thirty-nine lashes for each offence. 56. Sec. V. It shall be lawful for patrols or any civil officer at all times to visit and search all vessels, covered flats or arks and boats prohibited as are referred to under this Act as being engaged in fishing, or trad-ar!lcles- ing illegally with slaves, or disseminating incendiary publications on said rivers ; and if the virtual or actual owners of said vessels, boats, &c., shall not have a lease from the owners opposite to whose shores they are lying, or if any articles are found on board which by the provisions of the Act of the 19th December, 1818,* it was made penal to trade for with slaves, they shall be liable to the penalties as provided for under this Act.J Sec. VI. All laws and parts of laws militating against this Act are hereby repealed. ART. IV. ALTAMAHA AND ITS TRIBUTARIES—OCONEE, OCMULGEE, An Act to authorize certain Commissioners therein named to estab¬ lish a Lottery for the purpose of raising the sum of $3,000 to be appropriated to clearing out and improving the navigation of the Al¬ tamaha and Oconee rivers, commencing from the sea, and continu¬ ing as far up as the Rock Landing, arid for other purposes.—Ap¬ proved Feb. 3, 1798. Vol. I. 376. [Obsolete.] •This Act repealed by Penal Code. fSimilar provision ill Act 1831, see Art. II, " Savannah," &c. sec. 17. OHOOPEE, &c. Sec. 57. Obstructing ; penalty. " 58. Ohoopee kept open. " 59. Penalty on offenders. " 60. Commissioners for Ocmulgee. " 61. Punishment for obstructions. " 62. Unlawful fishing, (Ocmulgee.) " 63. Pishing with two seines. " 64. Penalties ; collection. " 65. Information to Grand Jury. " 66. Penalty on a slave. " 67. Survey of channel, (Oconee.) " 68. Removing obstructions. " 69. Offenders, how managed. " 70. Penalty for obstructing. " 71. Commissioners' duty. Sec. 72. Comm's. (Ohoopee & Canoochee.) " 73. Vacancies, (Oconee.) " 74. Fishing in Altamaha. " 75. Punishment. •' 76. Vacancy, (Ohoopee & Canoochee.) " 77. Pishing in Altamaha. " 78. Seines, &c. seized for cost. " 79. Repealing laws as to Oconee. " 80. Com. Jasper, Newton, Butts. " 81. Compensation. " 82. Commissioners, (Oconee) " 83. Great and Little Ohoopee. " 84. Obstructing; misdemeanor. " 85. "William-son's swamp. 86. Proceedings to remove. 116 922 rivers.—altamaha, oconee, &c.—1799-1819. Penalty for obstructing. An Act to establish Tobacco Inspectors at the several places herein¬ after mentioned,, and for improving the navigation of Broad river and Oconee river.—Approved Feb. 15, 1799. Vol. 1. 557. [Ob¬ solete.] An Act to amend the foregoing so far as respects the navigation of Oconee river.—Approved Dec. 2, 1801. Vol. II. 15. [Obsolete.] An Act for the improvement of the Oconee and Altamaha rivers, from Montpelier to Darien.—Approved Dec. 5, 1801. Vol. II. 31. [Repealed by the next Act.] An Act for the improvement of the Oconee and Altamaha rivers, from Montpelier to Darien.—Approved Dec. 1, 1802, Vol. 11.85. [Makes it compulsory on the people of the adjoining districts to work on the river; appoints commissioners, &c. All the Act is rendered obsolete by the subsequent change of system in river opera¬ tions, except the following.] renaity for 57. sec. VI. Any person or persons who shall obstruct the nav- those'rivew, igation of said river by dams, shall forfeit and pay the sum of ten $10 per day. q0]]ars per cjay^ por everyday so stopped, or felling trees therein, for every tree so felled, the sum of five dollars, to be recovered before, any Justice of the Peace of the County adjoining such obstruction, to be entered up in separate judgments, the one-half to be applied by the commissioners to the use of clearing out the said rivers, and the other half the use of any informer who' shall prosecute an action thereon to effect.* An Act to amend an Act for keeping open the Oconee river from the Rock Landing to John Burnett's in the County of Clarke, passed the second day of December 1801, and to keep open the naviga¬ tion of Great Ogeechee river up to the shoals.—Approved Nov. 26, 1802. Vol. II. 75. [Repealed.] An Act to amend the several Acts heretofore passedfor opening and keeping open the river Oconee.—Approved Dec. 10, 1812. Vol. III. 487. [Superseded by Act of 1835.] An Act to render navigable that part of the Oconee river, situated be¬ tween the mouth of Fishing Creek, in Baldwin County, arul Hudson's ford, at or near Barnetfs shoals, in the County of Clarke passed Dec. 18th, 1818.—Approved Dec. 22, 1819. Vol. III. 518. [Repealed by Act of 1845, sec. 79.] * See later Statutes. RIVERS.—Altamaha, Ohoopee, Ocmulgee, &c.—1821-'29. 923 Ohoopee—Obstructing Ocmulgee. [An Act to amend the foregoing, passed 1819, Vol. 111. 528 ; and an Act to amend that, passed 1820, Vol. IV. 352; and an Act to amend the Act of 1812, passed 1829, Vol. IV. 352 ; all repealed by Act of 1845, sec. 79.] An Act to alter and more effectually to carry into effect an Act to prevent ob¬ structions to the passage of fish in the Ocmulgee River and its branches, passed on the 25th day of Dec. 1821.—Approved Nov. 25, 1824. Vol. IV. "355. [Superseded.] An Act to keep open, remove and prevent obstructions in the Ohoopie Riv¬ er calculated to prevent the free passage of fish of said River, so far as respects the Counties of Tattnall and Emanuel.—Approved Dec. 9, 1824. Vol. IV. 355. 58. From and immediately after the passage of this Act, it shall 9™ u,e not be lawful for any person or persons to obstruct, or cause to be kept open, obstructed, more than one-half of the main source of said river from the Altamaha up to the fork, thence up each fork to the distance of 12 miles above, by dams, hedges, fish-traps, or any other obstructions calculated to stop the free passage of fish."* 59: Sec. II. Any person or persons so offending shall forfeit and Penalty on pay the sum of $20 per day ; which fine or fines to be recovered be- 0 en ers' fore any Justice of the Peace in the district where the offence may be committed, under the same rules and regulations as other debts are, on sufficient proof being had thereon : any law to the contrary notwithstanding. An Act to alter and amend an Act entitled an Act to prevent obstruc¬ tions to the passage of fish in the Ocmulgee River and its Branches, passed on the25lh of December, 1821; also an Act entitled an Act to alter and more effectually carry into effect an Act to prevent ob¬ structions to the passage of fish in the Ocmulgee River and its Branch¬ es, passed on the 25t,h November, 1824; also to repeal aft Ant, enti¬ tled an Act to authorize David Adams, of the County of Jasper, to keep open a sluice through his mill-dam on the Ocmulgee River, with¬ in forty feet of the west bank of said River, for the free passage of fish up the same, passed on the 7th day of December, 1S23.—Approv¬ ed Dec. 21, 1829. Vol. IV. 361. 6.0. Sec. I. [Appoints commissioners for Jones, Monroe, Jasper, to survey Butts, Newton and Henry Counties,] who, or a majority of whom, nadedtheS" shall have complete power in their respective Counties, to survey, ™ef"foc-B" view, ascertain and designate the main channel of the said Ocmul- mujgee river jtiid its gee river and its branches in the following manner; 60 feet in width branches, up to the confluence of the South and Yellow rivers, and from tTi«eotdth thence 40 feet in width in the South river up to the Snapping Shoals, and in the Yellow river 40 feet in width up to the Cedar Shoals, and •See Acts of 1839, 1840, and 1850. 924 RIVERS.—Ocmulgee, &c.—1829. Obstructions—Fishing in Ocmulgee. in the Alcofauhatchie 40 feet in width up to Water's mill; and in all cases where mills, fish dams, or other obstructions to the free pas¬ sage of fish shall be erected, there shall be an open sluice in each river as aforesaid in the main channel of the same, over which fish may pass without difficulty. Persons ob- 61. Sec. II. Whenever the above recited streams shall have ob- saTd river, structions to the passage of fish placed in them, the person or per- how punish- song g0 0ffenc[ing shall be liable to an indictment for a common nu¬ isance before any Court having cognizance of the same, and on con¬ viction thereof, shall be subject to pay a fine of $100 per day for every day such nuisance shall remain unremoved; one-half of such fine to go to the informer, and the other half to the County in which the of¬ fender or offenders may reside at the time of their conviction; and five days' previous notice need not be given as heretofore required by the Act of 1824, to remove said nuisances or obstructions, but such offenders may be prosecuted forthwith, according to the provisions of this Act. An Act. to direct and make uniform the manner of fishing for Shad on the River Ocmulgee with seines, and to provide for the punishment of those who shall violate the provisions of this Act.—Approved Dec. 22, 1829. Vol. IV. 359. Fishing in 62. From and after the passage and promulgation of this Act, no goo prohibit-Person or persons whatsoever, by themselves, their servants or agents, ed within shall be permitted to draw any seine on the Ocmulgee river of Geor- certiiin hours . r. J i • > e during the gia, at any time between the hours of twelve m the forenoon ot week* Saturday and the hour of twelve in the forenoon of Monday; nor shall they be permitted to keep any seine within the hour aforesaid stationary or by any position or fixture whatever in the said river, so as to catch shad or prohibit their free passage up the said river in any of the cuts-off or arms thereof. Fishing 63. Sec. II. No person or persons whatsoever, by themselves, selnes'prohi- their servants, or agents, shall be permitted to draw two seines, the biied. one immediately succeeding the other, within the hour aforesaid, at the same fishing landing or place for drawing fish on said river. Penalties 64. Sec. III. All persons whatsoever violaling the provisions of uonofthem.the foregoing sections, or either of them, shall be subject for each offence to pay the sum of $25, to be recovered before any Justice of the Peace, Inferior or Superior Court, or any corporation Court duly constituted on the said river, to be commenced in the name of the individual informing ; and shall moreover be subject to be indicted before the Superior Court, and on conviction shall be sentenced for each offence to pay a fine not less than $10 nor more than $25, at the discretion of the Court. In each or either case of suit or indictment, the one-half of the penalty shall go to the informer, the other to the County wherein the offence is committed, information 65. Sec. IV. It shall be the duty of the Justices of the Inferior before grand Qourt; of. the Peace, Sheriffs, Constables, and police officers, who Ur/ live in Counties lying on the Ocmulgee, to lodge information against RIVERS.—Ocmulgee, Oconee, &c.—1829-'35. 925 Obstructing Oconee. all persons offending against this Act before the next Grand Jury that may convene thereafter. 66. Sec. V. If a slave or slaves offend against this Act without penalty on a the command or coercion of his owner, overseer, or any other per-slave" son, he shall on conviction for each offence receive twenty-five lash¬ es on his bare back. Any Justice of the Peace or of the Inferior Court may immediately on information and proof, order him to be whipped by a Constable or Sheriff, or any person deputized by said Justice for that purpose. Sec. VI. All laws or parts of laws militating against this Act are hereby repealed. An Act for the appropriation of Money for the improvement of Oc¬ mulgee River.—Approved Dec. 24, 1835. Pam. 255. [$10,000 appropriated—commissioners named—bond—record of proceedings—suit on bond.] An Act to prevent obstructions in the Oconee river from the Green and Hancock County line, on its eastern bank, to its confluence with the Ocmulgee river, calculated to impede the free passage of fish, to appoint commissioners, and punish those who may attempt to dejeat the same.*—Approved Dec. 26, 1835. Pam. 349. 67. Sec. I. [Commissioners named.] who, or a majority of whom, survey of shall have complete power in their respective Counties to survey, ™ain chan~ view, ascertain and designate the main channel of the said Oconee river, 50 feet in width of which is to be kept open for the free pas¬ sage of fish. 68. Sec. II. The commissioners aforesaid, or a majority of them, simii survey in their respective Counties, for which they are hereby appointed, "mo™ [b"d shall proceed within twelve months after the passage of this Act, tostmctions- survey, view, ascertain, designate and determine what 50 feet of the channel shall be, and if they, upon such examination, shall find any fish trap or traps, or dams, or any other obstruction calculated to impede the free passage of fish in the said main channel, proper to be cleared out and removed, for the purpose of keeping open a sluice of 50 feet in width in the main channel, they are hereby authorized to remove or cause to be removed all and every such obstructions, by calling .to their aid, if necessary, any number of citizens in the re¬ spective Counties in which they may reside. 69. Sec. III. If the owner of any such fish dam or any other if any of. i person shall refuse and forcibly interfere, for the purpose of prevent- con_ ing said commissioners in their respective Counties from removing {,7^7^ said dam, or trap or traps, then it shall be lawful for either or any one arrested and of the commissioners to apply to any Judge of the Superior Court be commit- or Justice of the Inferior Court, and make oath that the owner 0ftedt°jdlL said dam refuses, and will not permit said dam, or trap or traps to be removed; upon which affidavit, it shall be the duty of said Judge or ♦See Act of 1845, sec. 79. 926 RIVERS.—Altamaha, Oconee,&c.—1835-38. Obstructions in Oconee—Commissioners. Justice to issue his warrant, directed to any Constable, or Sheriff of the County, where the owner of said dam or obstruction may reside, against the person so preventing the removal of said dam; upon the arrest and return of said warrant, it shall be the duty of the Judge or Justice, upon showing that the person arrested has interfered for the purpose of preventing the removal of the said obstruction, either by menaces or otherwise, to require the person so arrested to enter into bond with good and sufficient security, in the sum of $1,000, that he will not interfere with the aforesaid commissioners, in the removal of said obstructions; and if the person or persons soar- rested shall refuse to enter into said obligation, then it shall be the duty of said Judge or Justice to commit the person or persons so ar¬ rested to the jail of the County in which he has been arrested, and to remain there until he enters into bond as aforesaid. Penalty for 70. Seg. IV. If any person or persons shall obstruct said main uu"nve"s channel, after it shall have been designated by said commissioners in their respective Counties, so as to impede the free passage of fish, he or they so offending shall be subject to indictment, and on convic¬ tion shall be fined in a sum not exceeding $300, nor less than $100, one half to go the prosecutor, the other half to the County, c'ommis- 71. Sec. V. [Commissioners named. See Act of 1850,] to keep namenCkMills ; and that the aforesaid commissioners or a majority of them, oa^oil'j1 be authorized to keep open the public or navigation sluice of said man. river for the free passage of fish to the width of 30 feet and remove obstructions from the same ; and that the commissioners aforesaid be empowered and authorized fully, according to the regulations and provisions of the preceding sections of this Act, to keep open the river from the Hancock line to Gaston and Reed's Mills as above. An Act to appropriate money for the removal of obstructions ta.the navigation of the Oconee river, below Milledgeville, and to appoint Commissioners with full power to carry into effect the intention of the Legislature in relation thereto.—Approved Dec. 27, 1836. Pam. 238. [$10,000 appropriated ; commissioners named; duty; annual re¬ port to Governor. Executed.] An Act for the appropriation of money, for the improvement of the Oc'mulgec river—Approved Dec. 28, 1836. Pam. 237. [$10,000appropriated; commissioners named; duties.] Au Act to appoint additional Commissioners on the Ohoopee and Canoochee rivers in the County of Tattnall.—Assented to Dec. 27, 1838. Pam. 209. RIVERS.—Altamaha, Oconee, &c.—1839. 927 Vacancies—Fishing in certain months. An Act to amend the foregoing.—Approved Dec. 21, 1839. Pam. 207. 72. Sec. I. The commissioners on the Ohoopee river in Tattnall cnmmis^inn- County, be required to collect the mon^y by them loaned out, which funds. Was appropriated for the improvement of the navigation of said river, immediately after the first day of January next. [Balance repealed.] An Act to amend an Act to prevent obstructions in the Oconee river, from the Greene and Hancock line, on its eastern bank to its confluence with the Ocmulgee river, calcula ted to impede the free passage of fish ; to appoint Commissioners, and punish those who may attempt to defeat the same, assented to on the2Qrh of Dec. 1535, and to prescribe the manner of appointing Commissioners hereafter.—Assented to Dec. 21, 1839. Pam. 164. 73. Sec. I. Be it enacted, That John R. Scott and William commis- Moran be, and they are hereby appointed commissioners in and for the County of Baldwin, in the place of Elisha King and Michael Grabill, deceased ;. and when a vacancy may hereafter occur, by vacancy, death, removal or otherwise, of either of the commissioners now, or those heretofore appointed, it shall and may be lawful for the Infe- ferior Court in and for which County such vacancy may occur, upon the fact being made known to them, by either of the then acting com¬ missioners, or any person, to fill such vacancy, by appointing some fit and proper person. Sec. II. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to prevent persons from obstructing the free passage oj fish up the Altamaha river, by the use oj Gill Nets, Seines, over fifty feet in length.—Assented to Dec. 23, 1839. Pam. 164. 74. Sec. I. Be it enacted, That from and after the passage of fishing ia this Act, it shall not be lawful for any person or persons to obstruct months, the free entrance of fish up the river Altahama, in the months Janu¬ ary, February and March, by the use of gill nets and seines over fifty feet in length. 75. Sec. II. Any person or persons found guilty of violating the $50 fine above enactment, shall be fined the sum of fifty dollars, one-half to go to the informer and the other half to the County.* Sec. III. All laws and parts of laws, militating against this Act bo, and the same are hereby repealed. An Act to alter and amend an Act passed 21st December, 1839, entitled " an Act to alter and amend an Act entitled an Act to appoint addi¬ tional Commissioners on the Ohoopee and Canoochcc rivers, in the •■•Amended, see Act of 1810, see. 77. 928 RIVERS.—Altamaha, Oconee, &c.—1840-M5 Fishing in Altamaha. County of Tattnallpassed 27th Dec. 183S.—Assented to Dec. 22, 1840. Pam. 168. Sec. I. [Repeals Act of 1839.] Secs. II. III. IV. and V. [Appoints new commissioners, with authority to hold separate boards.] Vacancy 76. Sec. VI. When any vacancy may happen, by death, removal CMwchee"d or otherwise, in the aforesaid boards of commissioners, that the Jus¬ tices of the Inferior Court of Tattnall County, or a majority of them, be, and they are hereby authorized to fill such vacancy. An Act to amend an Act to prevent persons from obstructing the free passage of Fish up the Altamaha River, by the use of gill nets or seines over fifty feet in length, assented to Dec. 2-3 d, 1839.—Assented to 22d Dec. 1840. Pam. 165. offenders 77. Sec. I. Be it enacted, That from and after the passage of this Act, prisoned.'"3 any person violating the provisions of the above recited Act, shall be guilty of a misdemeanor, and on indictment therefor and convic¬ tion thereof, shall be liable to a fine by the Court not exceeding fifty dollars—one-half to go to the informer, and the other to the County in which such offence may be committed—or to imprisonment at the discretion of said Court, not exceeding sixty days. Seines, nets, 78. Sec. II. All the goods and chattels, seines, nets, and other for'cost.zed fixtures f°r fishing of such person or persons so violating said. Act, shall, from and after his or their arrest, and for the same, be held and liable for the cost and condemnation of the Court in such cause. And it shall be the duty of the Justice of the Peace issuing a warrant in such case, to order the executing officer to seize and levy upon all such goods and chattels, seines, nets, &c., as aforesaid, of such de¬ fendant, or so much thereof as may be sufficient for the purpose aforesaid; whose duty it shall be so to levy and secure such effects to abide the determination of such cause. Sec. III. [Repealing clause.] An Act to repeal all laws now in force wh'v-h relate to the navigation of the Oconee river, or to thefree passage of fish up it, above Milledgcville, to Barnetfs shoals m Clarke County, so far as the same may prohib¬ it the erection of dams across said river, for milling or manufacturing purposes.—Approved Dec. 27, 1845. Pam. 184. Whereas, the Legislature has passed divers laws in regard to the navigation of the Oconee river, inflicting penalties for obstructing the navigation thereof, or the free passage of fish up said river, and whereas, experience has demonstrated that said river cannot be made navigable, and that the fisheries on said river have become, in a great measure, valueless— 79. Sec. I. Be it therefore enacted, That all laws and parts of laws here¬ tofore passed, and now in force, in regard to the navigation of the Oco- RIVERS.—Altamaha, Oconee, &c.—1845-'50. 929 Laws in relation to Oconee repealed—Compensation to commissioners. nee river above Milledgeville, to Barnett's shoals in Clarke County Laws in re- which impose penalties for obstructing the navigation thereof, or the oJ/0nneefrora free passage of fish up said river, by the construction of dams across said river, for milling or manufacturing purposes, be, andthenett's shoals game are hereby repealed. Provided, That the main sluice, fifty feet in width, from Milledgeville to the Hancock line, and from thence thirty feet in width to Reed and Armer's (formerly Gaston's) mills, /be kept open for the free passage of fish up said Oconee river. An Act to compensate the River Commissioners upon the Ocmulgee and its branches,'so far as concerns the Counties of Jasper, Butts and Newton.— Assented to Dec. 29, 1847. Pam. 272. 80. Sec. I. Be it enacted, That the Act entitled an Act to alter commis- and amend an Act entitled an Act to prevent obstructions, to the pas- ja"1^ Butt* sage of fish in the Ocmulgee river and its branches, passed on the t"beNcom-n" 25th of December, 1821; also an Act entitled an Act to alter and Pensated- more effectually carry into effect an Act to prevent obstructions to the passage of fish in the Ocmulgee river and its branches, passed on the 25th Nov. 1824, also to repeal an Act entitled an Act to author¬ ize David Adams, of the County of Jasper, to keep open a sluice through his mill-dam on the Ocmulgee river, within forty feet of the west bank of said river, for the free passage of fish up the same, passed on the 7th day of December, 1823, approved December 21st, 1829, be and the same is hereby altered and amended so far as to compensate the Commissioners in the Counties of Jasper, Butts a*nd Newton, respectively, for services rendered as Commissioners in the performance of their duties as prescribed by the Act aforesaid. 81. Sec. II. The compensation allowed the Commissioners un- $i per day der this Act, shall be one dollar per day each for the days such Com- counbty.th9 missioners may be employed in such service, to be paid by the Coun¬ ty in which such Commissioners may reside, provided, however, the Commissioners shall not receive compensation for more than five days in any one year. I An Act to alter and change the commissioners named in the fifth section of an Act entitled an Act to prevent obstruction in the Oconee river, from the Greene and Hancock County line on its eastern bank to its confinence in the Ocmulgee river, calculated to impede the free passage offish, to ap¬ point commissioners, and to punish those who may attempt to defeat the same, approved Dec. 2tyth, 1835.—Approved Feb. 21, 1859. Pam. 359. Whereas, by fifth section of said Act, Gilley Moore, John Hall, Grey Credle, Y. P. King and John Coleby were appointed commis¬ sioners to keep open the Oconee river from the Hancock line to Reid and Gaston's mills, 82. Be it enacted, That from and after the passage of this Act, commi«- James M. Kelly, Alanson Clifton, Garratt Woodham, John Smith, 117 930 RIVERS.—Altamaha, Ohoopee, &c.—1S50. Obstructions to Ohoopcc. • ' sen., and John D. Copeland be and are hereby appointed commis¬ sioners in place of the said named commissioners in said fifth sec¬ tion of the above recited Act; and that the said James M. Kelly, Alanson Clifton, Garratt Woodham, John Smith, sen., and John Copeland are hereby vested with all and singular the powers that the* former commissioners had or were invested with under the provis¬ ions of the foregoing Act, appointed [approved] 26th Dec. 1835—r any law to the contrary notwithstanding. « An Act to authorize William A. Carr and Peter A. Summey to open and, keep open the North Oconee river from the Factory dam at Athens to Chandler's bridge in Jackson County, and to vest in them, their heirs and assigns, the exclusive right of navigating said river betiveen said two points on the same, for the term of fifteen years, and to fix the maximum rates of transporting lumber, wood and produce thereon.—Approved Jan. 16, 1850. Pam. 359. An Act amendatory of all Acts heretofore passed allowing fish traps to be constructed in the Great Ohoopee river and the Little Ohoo- pee river, and to remove all obstructions to the free passage of fish. —Approved Jan. 26, 1850. Pam. 356. 9 obstructions S3. Sec. I. Be it enacted, That from and after the passage of this Act, it shall not be lawful for any person or persons to prevent the free passage of fish in the waters of the Great Ohoopee, from its junction with the Little Ohoopee river to its source, and the Little Ohoopee river, by the erection of fish traps or any other device. Misilcmea- 84. Sec. II. Any person or persons violating the first section of rK"' this Act shall be subject to an indictment for a misdemeanor, in the Superior Court of the County in which he violates the same, and shall on conviction be subject to a fine of not less than fifty nor more than one hundred dollars, one-half to go to the informer and the oth¬ er half to the County. w-HUam- 85. Sec. III. The provisions of the above recited sections shall swmkp, extend to the waters of Wiliamson's Swamp, from its mouth to Long's Mill on the north prong, and Rrantly's Mill on the south prong of said creek, inferior 86. Sec. IV. Upon complaint made by any citizen or citizens of either of the Counties through which said water courses pass, of sheriff to iee-the existence of any fish trap or traps, or other device for the pre- ;,nov0. vention of the free passage of fish, made to the Justices of the Infe¬ rior Court, or any three of them, during term time or vacation, it shall be their duty to direct the Sheriff of said County to have the same removed forthwith, and the expense of such removal shall be defrayed by the party violating the provisions of this Act: Provided, that nothing herein contained shall be construed to prevent hook and line fishing, seine fishing, or gig fishing. Sec. V. And be it further enacted, That all laws and parts of laws militating against this Act be and the same are hereby repealed. RIVERS.—Chattahoochee, Flint, &c.—1820. 931 Channels kept open. Acts incorporating various Oconee navigation companies. Yol. II. . 274, 474, 012. Yol. III. 486, 493.] APPROPRIATIONS. To AH imaha River—1822, $5,000, Yol. IV. 61 ; 1823, $10,000. Ib. 32 of Res.; 1826, $20,000, Vol. IV. 355; 1836, $5,000, Pain. 32. To Gomes Hirer—1815, $10,000, Vol. III. 498; 1817, $10,000, Ib. 408 ; 1818, $50,- 000, Vol. 111. 518; 1S25, $3,000 ; 1823, $20,000, Vol. IV. 355 ; 1836, $40,000, 13am. 19, 28. To Oe.muljec River.—1817, $10,000, Vol. III. 513; 1822, $10,000, Vol. IV. 61; 1826, $20,000, Ib 35'?; same year, $10,090, p. 355. For historical notes as to the cgis ation of the State in reference to these rivers, see Prince's Digest, (1837.) p. p. 709, / ro, 716, 719, 720. ART. V. CHATTAHOOCHEE AND FLINT RIVERS AND THEIR TRIBUTA¬ RIES. Sec. 87. Chestatee kept open. '• 88. Penalty $20 per day. " 89. How collected. " 90. Commissioner's duty, oath. " 91. Traps of owners. " 92. Extended to Flint river. " 93. Survey of channel. " 94. 30 feet wide. " 95. To be kept open. " 96. Penalty for obstructing. " 97. Aid ot citizens. " 98. Penalty for refusing. " 99. Extended to Chattahoochee. " 100. Filling vacancies. Sec. 101. Obstructing Flint river. " 102. Vacancies filled. '* 103. Dams adjoining islands. '• 104. Channel kept open. " 105. Obstructing Sample. " 10). Indictment. •' 107. Fences allowed. " 105. Obstructing Chattahoochee. " 109. Penalty. " 110. Vested rights protected. " 111. Commissioners, (Flint.) " 112. Vacancies. " 113. Power Inferior Court, Baker Co. " 114. Over Flint river in the County. An Art to keep open, remove, and prevent obstructions in the Chattahoochee, Flint, and Chestatee rivers, calculated to prevent the passage o ffish, and the navigation of said rivers hy boats, so jar as respects the Counties of Gwinnett, Hall, Early, and Habersham*—Approved Dec. 22,1820. Vol. IV. 351. S7. From and immediately after the first day of February next, it Two-thirds shall not be lawful for any person to obstruct or cause to be obstructed ersYoTe"™" more than one-third part of the Chattahoochee or Chestatee rivers, kept open' as far up the said Chestatee river as the forks in Habersham County, by dams, fish traps or other obstructions, and the main current of said rivers shall at all times be kept open for the passage of fish and boats. 88. Sec. II. No person or persons, under the penalty of $20onpamcf per day, shall dam, stop, or obstruct the said Chattahoochee or Ches- perd<,y' tatce from the lower shallow ford in Gwinnett County up the main channel of the river Chattahoochee to the upper line of Habersham County, and up the main channel of the river Chestatee as far as the forks in said County ; but the same is hereby declared to be, at least one-third part thereof, including the main channels, a free passage. *This Act in force as to Chestatee, but superseded as to Chattahoochee, and to all of Flint except that part above Houston comity. 932 RIVERS.—Chattahoochee, Flint, &c.—1820. Penalty—Obstructions to Flint. penalties 89. Sec. III. It shall be the duty of any Justice of the Peace, how collect- jn -w-hose district such offence or offences sliall .be committed, to is¬ sue his warrant, upon information on oath of any free white person, commanding such offender or offenders to be brought before the Court for said district at its next regular term, to answer the charge alleged against him, her, or them, and such Justice shall issue sura* mons to compel the attendance of such witnesses as may be thought necessary to establish or defend the said charge, who shall be subject to attachment for non-attendance, or refusing to answer 011 oath such questions as may be asked them ; and if upon such such examina¬ tion it shall appear that such offender or offenders is or are guilty of any breach of this Act, it shall be the duty of the said Court to en¬ ter up separate judgments against such offender or offenders, for a sum not exceeding $20 for each day such obstruction shall have contin¬ ued ; and the said Justice shall issue his execution on the said judg¬ ment or judgments so entered up, which execution shall be levied on the goods and chattels, lands and tenements of such offender or of¬ fenders, and sold agreeably to the laws regulating Constables' sales; and the money arising from such fine or fines shall be paid into the hands of the said Court, one-half thereof to the use of the informer, and the remaining moiety shall be paid by the said Court to die Clerk of the Inferior Court, to be appropriated to the same use as other County funds. commiH- 90. Sec. IV. [Appoints commissioners,] who shall have complete Biuuer=,duty,p0weii reSpective Counties to survey and view any obstruc¬ tions in the said rivers which may be considered in violation of the provisions of this Act ; and 011 their giving five days' notice to the person or persons, their agent or attorney, who shall obstruct the said rivers, or continue any obstructions now in said rivers, in violation powei. 0f thjg Act, then and in that case they shall have competent power to remove or cause to be removed such obstructions, by calling to their aid any number of their citizens in their respective Counties:— Provided, nevertheless, that the said commissioners shall, before they oath. enter on the duties of their said appointment, take an oath before some Justice of the Inferior Court or some Justice of the Peace, that they will well and truly and without partiality discharge the duties of their said appointment. owners'of 91. Sec. V. The drawer or owner of any lot or purchaser or fws'to'hfve owner of fraction situate on either of the said rivers shall have the preference, preference of putting in fish traps in said rivers on the side and op¬ posite to such lot or fraction : Provided, they should not obstruct the free passage of boats. &cteto0f ®EC" r^^le Provisi°ns and penalties herein contained extend to in relation to said rivers be, and they are hereby extended to and ap- lver' plied to Flint river, so far as the same may be within the organized limits of this State, and that the Inferior Court of Early County ap¬ point commissioners to carry the said law into effect, so far as relates to Flint river.* *Eut see note to preceding page, and next Act. RIVERS—Chattahoochee, Flint, &c.—1826. 933 Hr . Obstructions to Flint—to Chattahoochee. <» An Act to lay off, define, and keep open the main channels of Flint and Chatta¬ hoochee rivers, so as to prevent the obstruction of the free passage of boats and fish, and to appoint commissioners for the same ; e unlawful for any person or persons to place any obstructions to the free passage of fish in the main channel of the Chattahoochee river, from steamboat navigation, to the junction of Duke's Creek, in said County of Habersham. Penalty. 109. Sec. II. When any person or persons shall hereafter place or cause to be placed any obstructions in the main channel of said river, between steam boat navigation and the junction of Duke's Creek, in the County of Habersham, calculated to prevent the free passage of fish, the person or persons so offending shall be liable to an indictment before any Court having jurisdiction in such cases, and be subject to pay a fine of not less than ten nor more than twen¬ ty-five dollars, at the discretion of the Court, for every day said ob¬ struction shall remain unremoved, after said person or persons having received due and legal notice from any citizen in the County where said obstructions are placed ; said fine to be collected in the County where the person or persons lived at the time of violating the pro¬ visions of this Act; one-half of said fine to be paid to the person RIVERS.—Chattahoochee, Flint, &c.—1845-47. 937 Vested rights—Com. of Flint—Powers of Inferior Court Baker Co. giving information and prosecuting to judgment such violation, and the other half to the County Treasurer, for County purposes. 110. Sec. III. Nothing in this Act contained shall be so con-vested strued as to affect the right of any citizen of this State, or any [ccted.pr0" other persons whatsoever, acquired under or by virtue of any former Act of the Legislature, or the existing laws of the land: Provided, nothing in this Act shall be so construed as to affect any person who has a mill dam now erected across Chattahoo¬ chee river, in Hall County, or in the County of Troup: Provided, that the owners of such mill dam in Troup County, shall construct such dam with a sufficient slope to admit the free passage of fish over the same. An Act to prevent and remove obstructions in the Flint river, calcula¬ ted to impede the free passage of fish, to appoint Commissioners, and to punish those who may attempt to defeat the same.—Ap¬ proved Dec. 26, 1845. Pam. 184. 111. Sec. I. Be it enacted, That from and after the passage of ^ommg'^or this Act, that the persons hereinafterjnamed, are appointed commis- Flint river, sioners of Flint river, to-wit: William D. Thompson, Wright Mas- singale and John R. Jones of the County of Merriwether, Thomas Nelson, senior, William Hobbs and Alfred H. Brown, of the County [of] Talbot, Jesse B. Drue, in the County of Crawford, with full power and authority to carry into complete effect all the pro¬ visions of an Act approved December twenty-sixth, eighteen hun¬ dred and twenty-six, for removing obstructions and keeping open the main channel of Flint river, from the three forks of said river, in Fayette County, to the lower line of Crawford County: Provided, that nothing in this Act contained shall be so construed as to pre¬ vent the erection of mill dams on said river. 112. Sec. II. The Justices of the Inferior Court of the aforesaid vacancies. Counties, or a majority of them, be, and they are hereby authorized and required to fill all vacancies which may happen, by death, re¬ signation, or otherwise. Sec. 111. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to repeal an Act passed December 20 th 1834, to keep ope?i the Central Hatchie creek, hi Heard County, and to repeal all Acts militating against the same.—Approved Dec. 27, 1S45. Pam. 183. An Act to provide for the improvement of Flint river.—Approved Dec. 30, 1847. Pam. 273. 113. Sec. I. Be it enacted, That from and after the passage of inferior this Act, the Inferior Court of Baker County, upon the recommenda- ke°rUmayBa" tion of the Grand Jury, shall have power to levy and collect an extra tax of ten per cent, on the State tax, for the improvement of Flintpose to11, 118 938 RIVERS.—Coosa and Tributaries.—1833-'39. Obstructions to Coosa and branches. river, and the said Court shall also have authority, on the recom¬ mendation of the Grand Jury, to levy and collect a tax of ten per cent, on the amount of freights and passage money for any trans¬ portation by any boat or other craft 011 said river, within the limits of said County, for the improvement of Flint river. 114. Sec. II. The said Court shall have authority to appoint commissioners, and make all such rules and regulations as may be necessary or proper to carry into effect the provisions and intentions of this Act. APPROPRIATIONS. Chattahoochee, above the Coweta Falls.—1826, $10,000, Vol. IV. 355. Below the Falls.—1827, $10,000, Vol. IV. 35'J; 1836, $20,000. Pam. 30. ART. VI. COOSA AND ITS TRIBUTARIES. Sec. 115. Commissioners (Hiwassee.) " 11(5. Channels kept open, (Coosa, &cv " 117. Removing obstructions. .. " 118. Resistance—misdemeanor. " 119. Sheriff's return—fees. " 120. Obstructing Etowah—dams. Sec. 121. Removal of dams. " 122. Costs—execution. " 123. Officers' ices. " 124. Dams in Cass County. " 125. Obstructions—Etowah. An Act to keep open,remove, and prevent obstructions to the free pas-, sage of fish, and the navigation of the Coosa, river, from, where the Alabama State line crosses the same, to the head thereof and its branches ; the Etowah, up to the old Federal road at Blackburn"1 s; the Oostanallec, to the Coosawattee Town, and, the Conesavga branch to the Tennessee line, and to punish offenders against the provisions of this Act.—Approved Dec. 24, 1833. Pam. 295. [Superseded by Act of 1839.] An Act to keep open the Hiwassee River.— 1837. Pam. 233. -Assented to 25th Dec. Commis¬ sioners for Hiwassee river. 115. Sec. I. Be.it enacted, That Jarratt Burch, Sen'r, George Clurringen, and James Osburn be, and they are hereby appointed commissioners, with full power and authority to open and keep un¬ obstructed, for the free passage of fish, one-third of the width of Hiwassee river, from the State line on said river, up to the junc¬ tion of Little Etowah, in Union County : Provided, such duty shall not interfere with any mill dams; any law to the contrary notwith¬ standing. An Act to amend an Act entitled an Act to keep open, remove and pre- vent obstructions to the free passage of fish, and the navigation of the Coosa river, from where the Alabama. State line crosses the same, to the head thereof, and its branches, the Etowah, up to the old Federal road at Blackburn's; the Oostanallec to the Coosawattee Town, and RIVERS.—Coosa and Tributaries.—1839. 939 O bstructions—Removal—Resistance— Fees—Etowah river. s ■ the Cmesauga branch to the Tennessee line, and to punish offenders against the provisions of this Act, passed, the 24th December, 1833. Assented to 1st January. 1839. Pam. 210. 116. Sec. I. Be it enacted, That from and after the passage of Two-thirds this Act, no person shall obstruct more than one-third of the curren t rLim'eiSo of the Coosa river, from the Alabama State line, to the head of saidbekeptopen. stream, nor shall it be lawful for any person or persons to obstruct more than two-thirds of the current of the Etowah river, from the head of Coosa river, to where the old Federal road crosses said river Etowah* at Blackburn's old Ferry, nor shall any person obstruct one-third of more than two-thirds of the current of Oostanallee river, from the ^n^a'anT head of Coosa to the Coosawattee Town, and the Conesauga river Conne!iau!sa- to the Tennessee south boundary line, by building of fish traps or mill dams, or throwing of any other obstruction in either of the riv¬ ers aforesaid, more than is hereby permitted. 1L7. Sec. II. Where any obstructions further than is hereby rjlff,rinr permitted shall be put in either of the rivers aforesaid, the Inferior Cowrts f"ay * J ; cause ob- Court of the County wherein the obstructions may be found, shall, strurtions on the information of any person, issue an order, directed to the Sheriff of the County, directing him to proceed within ten days af¬ ter the date of said order, and cause said obstructions to be removed, according to the provisions of this Act. 118. Sec. III. Should any person or persons resist or molest an resistance officer in the discharge of the duties required by this Act, they shall be liable to indictment in the Superior Court in the County where the offence was committed, and on conviction thereof shall be fined mcnt- in a sum not less than twenty nor more than one hundred dollars, and imprisoned in the common jail of the County not less than one nor more than three months. 119. Sec. IV. The Sheriff shall make a return of said process sheriff's re- to the Court from whence it issued, with his actings and doingstunu thereon, and he shall be allowed three dollars for his fees, and one Fees, dollar and fifty cents per day for each hand employed by him for the purposes herein mentioned, and the Court shall cause execution to issue against the parties so placing the obstructions in any of the rivers aforesaid, and so removed, to be collected by the Sheriff, by levy and sale as in other cases. Sec. V. [Repealing clause.] An Act to keep open Hightower river, for the free passage of fish, so far as respects the Count// of Cherokee; and. to repeal the Act of 1S38, acid to establish the folio wing m lien thereof.—Assented to 21st Dec. 1839. Pam. 159. 120. Sec. I. Be it enacted,, That from and after the passage °^ofc=mirtions this Act, it shall not be lawful for any person or persons to obstruct,oEtovval1- Hightower river by fish traps, dams or any other obstructions, so as *See next three Acts. 940 RIVERS.—Coosa and Tributaries.—1839-,47. Fees—Dams across Etowah. Rams how to prevent the free passage of fish, to-wit: That all dams in said hum. river and County above mentioned, shall be built or constructed with a slope or slopes, or ten feet of the centre of said current be kept open during the hours of night, by a gate or gates, so as to give free passage to fish therein.* justice of 121. Sec. II. If any person or persons shall build or construct fl"10 Pokf 6 tO • A cause them dams contrary to the above named Act, an application made on oath removed. ^ any person or persorjSj to the Justice of the Peace in such dis¬ tricts where such obstructions are made, it shall be the duty of said Justice of the Peace to notify three disinterested persons, requiring them forthwith to the place where such obstructions are made, then and there to remove such obstructions, agreeable to this Act. compensa- 122. Sec. III. Such person or persons removing such obstruc- l,on' tions, shall receive ten dollars from the person or persons so obstruct¬ ing said river; and 011 refusing to pay the same, the person or per¬ sons shall and may make application to a Justice of the Peace, and Execution. said Justice shall issue an execution against such person or persons, for the amount above snecified, and it shall be collected in the same A / manner as other executions are. officers'feea. 123. Sec. IV. The Justices of the Peace, and other officers, shall receive the usual fees as are already allowed to them in such cases made and provided. Sec. V. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to compel all persons who have built or may hereajter build any dam or dams across the Etoioah river, to build a sufficient slope for the free passage of fish in the County of Cass.—Assent¬ ed to 21st Dec. 1839. Pam. 165. dams how 124. Sec. I. Be it enacted, That from and after the passage of bai,t' this Act, that all persons who have or may hereafter build any dam or dams across the Etowah river, shall be compelled to construct such a slope as will admit of a free passage of fish. Sec. II. All laws or parts of laws militating against this Act be, and the same are hereby repealed. An Act to grant to Messrs. Cooper, Stroup <§* Wiley, oj Cass Coun¬ ty, and others, the right to navigate the Etowah river, to remove obstructions, and to fine persons for obstructing the navigation oj the same, and prescribing the manner of making locks in dams across said river.—Approved Dec. 29, 1847. Pam. 273. Removal of 125. Sec. I. Be it ewacfecZ, Messrs. Cooper, Stroup & Wile}, in tteuuctioii(.common with, other citizens, have permission to navigate the Eto¬ wah river, and are hereby authorized at their own expense, to re¬ move any obstruction to the navigation of the same ; and any person •See next two Acts. RIVERS.—Big Satilla.—1836. 941 Improvement of Hiver. building, or now having a dam across said river, shall upon three months notice being given, make a sufficient lock one hundred feeti^st,, long and fifteen feet wide for the free passage of boats up or down da;113- said river; and any person obstructing the navigation of said river, shall pay to the owner of a boat detained by said obstruction five dollars per day for the first day, and ten dollars per day for every day the boat may be detained thereafter, to be collected in any Court of Justice having competent jurisdiction. Sec. II. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to permit owners oj land lying on both sides of the river Oosta- nauly, Connesauga and Coosawatlee, to erect mill dams, or fish dams across the same upon certain conditions ; and to prescribe the punish¬ ment to which a violation thereof shall subject the offender.—Approv¬ ed Dec. 22, 1847. Pam. 224. [Sluice to be kept open " sufficiently wide for the free and easy passage of boats, fiats, rafts or other water craft, and also for fish. " Violation, misdemeanor; Fine, $100 for first offence, $300 for every repetition, one-half to prosecutor. Order to Sheriff or Constable to remove the same.] ART. VII. BIG SATILLA RIVER. Sec. 126. Appropriation. I Sec. 129. Additional Commissioners. " 127. Vacancy—Majority to act. I " 130. Compensation. " 128. Power of Commissioners. | An Act to appropriate a sum of money to improve the navigation of the Big Satilla River.—Assented to Dec. 30, 1836. Pam. 241. 126. Sec. I. The sum of three thousand dollars be, and the same is hereby appropriated for the purpose of removing obstacles, and deepening the channel of that river, so as to render it all times navigable for steamboats and other water craft. Sec. II. [Commissioners, see next Act.] 127. Sec. III. That in case either or all of the commissioners Vacancr- hereinbefore named, should decline to act, it shall be the duty of his Excellency the Governor, to supply their places ; whenever a vacan¬ cy occur in said board, he shall have power to fill them, and in all Maj°r'ty .. • "l 1 T1T11 1 • ma>' act- cases a majority of said board shall be competent to the transaction of business. 12S. Sec. IV. Said commissioners or a majority of them shall have excretion power to draw the amount appropriated or any part thereof, and to commit exercise such general discretion in the prosecution of the improve-Roners- ment of said river, as to them may appear the most productive of the best interests of the State, and that said commissioners give bond and security in the sum of six thousand dollars. 042 RIVERS.— Notley.—1837. Obstructions—How removed, Aii A< t to alter ami amend an Art to appropaialc a sum o f money to improve the navigation of the Big Sat ilia river, parsed 3'i)th Dec. 1KSG, and to ap¬ point additional commissioners on said river.—Assented to24th Dec. 1549. Pam. 16(3. rommis- 129. Sec. I. Be it enacted, That George Williamson and Wil- Moncra. Sweat, senior, be, aud they are hereby appointed ct nmiission- ers, in addition to those appointed under the second and third sec¬ tions of the above recited Act. Sec. II. [Appoints commissioners.] SI ppr (lay 130. Sec. III. The commissioners appointed under this and iurservices. t|lg P)efore recited Act, be, and they are hereby entitled to one dol¬ lar per day for services which they may perform as commissioners aforesaid : Provided, that the compensation of one dollar per day for services of Commissioners be paid out of the moneys already appro¬ priated. Sec. IV. All laws and parts of laws militating against this Act be, and the same are hereby repealed. Resolution as to Ocloconce, 1833, Pam. 390. ART. YIII. NOTLEY RIVER.* See. 181. Channel kept open. I Sec. 133. Compensation. " 132. Removing obstructions. [ '■ 134. OUlcers' fees. An Act to keep open Notley river for the free passage of fish, so far as respects the County of Union, and to repeal the Act passed VMh Dec. 1834, and to establish the following in lieu thereof.—Assented to Dec. 26, 1837. Pam. 229. one-third fo 131. Sec. I. Be tt enacted, That from and after the passage of be kept open t^-g ^ not iawfu| for any person or persons to obstruct more than two-thirds of Notley river by fish trapis, dams or any other obstruction so as to prevent tiie free passage of fish, justiceofihe 132. Sec. II. If any person or persons shall obstruct more than .iXrip'mov-two-thirds of said river, on application made on oath by any person Ouii!7botnic or persons to the Justice of the Peace in such district where such obstructions are made, it shall be the duty of said Justice of the Peace to notify three disinterested persons, requiring them forthwith to the place where such obstructions are made, then aud there to re¬ move such obstructions agreeable to this Act. t;"n'pensa" ^EC- Such person or persons removing such obstruc¬ tions shall receive (one) dollar from the person or persons so obstruct¬ ing said river, and 011 refusing to pay the sum, the person or persons shall and may make application to said Justice of the Peace, and said Justice shall issue an execution against said person or persons for the amount above specified, and it shall be collected in the same manner as other executions are. 134. Sec. IV. The Justices of the Peace and other officers shall *John P. "Wellborn authorized to build a dam across. 1845, Pam. 154. ROADS, BRIDGES AND FERRIES.—1799. 943 Analysis—Public roads. receive the usual fees as are already allowed to them in such cases 0fficcrs fees- made and provided. Sec. Y. All laws and parts of laws militating against this Act, be and the same are hereby repealed. ROADS, BRIDGES AND FERRIES.* Sec. 1. Public roads. •' 2. lie dress of persons aggrieved. " 3. Width of Roads, Bridges, &c. " 4. Delinquent overseers. " 5. Public Bridges ; Inferior Court. " 6. Cross Roads. " 7. Stumps and trees. " 8. Ferries and bridges. " 9. Action for insufficient flats, &c. " 10. IIow prosecuted. " 11. No ferry at County bridge. 12. Rates oi' toll posted. " 13.-Road districts; new roads. " 14. Persons liable to work. " 15. Overseers ; 15 days in year. " 16. Penalty tor not working. " 17. Collection—witnesses. " 18. Overseer s duty—neglect. " 19. Roads, being district lines. " 20. Roads 30 feet; causeways 16. " 21. Obstructing a road. " 22. Using of timber. " 23. Bridges between Counties. " 24. Repairing bridges. " 25. Commissioner; undertaker. " 2'i. Refusal or neglect of commissioner. " 27. Vacancy by resignation. " 23. By death, removal, &c. " 29 Defaulters; hearing. " 30. Application of moneys. "31 New roads. " 32. Delinquent commissioners. " 33. Mile-posts. " 31. Contiiiuaiion from district to dist. Sec. 35. Guide-boards. " 33. Roads from seaports, &c. " 37. Road changed ; posts removed. " 38. Penalty for neglect. " 39. Public roads ; how laid out. " 40. Defacing mile posts, &c. " 41. Jurisdiction Inferior Court. " 42. Temporary. " 43. Book of tines. " 41-. Counties excepted. " 45. Establishing ferries. " 43. Re-enacting clause. " 47. Toll on Jersey wagons. " 48. Width of roads. " 49. Bridges between Counties. " 50. Ferrymen and militia duty. '• 51. Part of road—to applicant. " 52. His duty ; liability. " 53. Duty of Justices of Peace. " 54. Private ways. " 55. Haw marked out. " 56. Order allowing. " 57. Obstructions. " 58. Roads crossed by Rail Road. " 59. Failure of company. " 60. Extraordinary calls " 61. Penalty for neglect. " 62. Number of days deducted. " 63. Distance between ferries. " 64. Contracts for bridges. " 65. Discretion of Inferior Court. " 66. Rail Road hands exempt. " 67. Ferry on one's own land. " 68. Stopping ford, misdemeanor. An Act to empower the Inferior Courts of the several Counties in this State, to order the laying out of public roads, and to order the building and keeping in repair of public bridges.—Approved Dec. 4, 1799. Vol. I. 405. 1. Sec. I. All the roads in the several Counties of this State , What are that have been laid out by virtue of any Act of the General Assem- t,ubhoroads- bly, or by virtue of any order of Court, are hereby declared to be public roads. 2. Sec. II. And when any person or persons shall feel him, her, *For Act ill relation to accounts of Road Commissioners, see title "State Officers." 014 ROADS, BRIDGES AND FERRIES—1799-1800. Persons aggrieved—Width of roads, &c.—Delinquent overseers—Public bridges. Parsons ag- or themselves aggrieved by reason of any road being laid out through roads, how his, her, or their enclosed ground, it shall be the duty of any two or dressed! more of the Justices of the Inferior Courts, on application in writing by the person or persons injured, to issue a warrant under their hands, directed to the Sheriff of the County, to summon a Jury of free¬ holders, who shall be sworn to assess such damages; and that the Sheriff shall make and return a true inquisition thereof to the next Inferior Court; and it snail be the duty of such Court to order the amount of damages so assessed to be paid out of the next County tax, or out of any public moneys belonging to the County fund:1 Proviso. Provided nevertheless, that where it shall appear to the Inferior Court that the damages so assessed transcend the utility of that part of the said road, such Court shall order the same to be altered in such man¬ ner as to avoid the enclosed ground so damaged, unless the person complaining shall agree to accept such compensation as shall be deem¬ ed just and reasonable by such Court. Roads to he 3. Sec. III. All public roads laid out or now in use, or which Mumpir"16' hereafter laid out, shall be cleared of all trees, stumps, grubs l» away*an(^ brush, at least twenty feet wide and such limbs of trees as may Brid 'es and incommode horsemen or carriages shall be cut away; all bridges or causeways causeways made or to be made over small water-courses, and cause- wide,16 leet ways over swamps or low lands, shall be made and kept in repair by the hands subject to work on the roads where the same may be ne- essary ; and the pieces wherewith the same shall be made, shall be . , , laid across the road, and be at least sixteen feet long, well secured, InJ COT6T6Q with earth, made fast, and covered with earth. [Sec. 7, 20.] delinquent 4. Sec. Y. All overseers of roads, who shall refuse or neglect to awe'to'an11" t^eir duty, as is directed by this Act, or shall not keep the roads action for and bridges over small water-courses, and causeways over swamps damages. . . <-1 _ . . . . ' . . 1 and low lands m repair, or let them remain uncleared or out of re¬ pair, for and during the space of thirty days, unless hindered by ex¬ treme bad weather, such overseer shall [be liable to a fine which is sv- perseded by the Act oj' IS IS,] and shall nevertheless be subject to an action for damages at the suit of any person injured by such refusal or neglect. what are 5. Sec. XI. All the bridges that have been erected by any Act bridges. of the General Assembly, or by virtue of any order of Court, not c°u« may being private toll bridges, are hereby declared to be public bridges, erect new Anq that from time to time hereafter, the Inferior Courts of the sev- ones ' eral Counties shall have full power and authority to appoint the places for erecting public bridges: [provision as to letting out bridges by commissioners—repealed by Act of 1845, sec. 64,] and the Inferior payment for. Court shall levy the amount thereof on the County, or order the same to be paid out of any of the funds of the County subject to their disposal. [Sec. 23, 4, 5.] An Act to alter and amend the foregoing.—Approved December 1, 1800. Yol. I. 409. [1.] This Act considered in Twrham w. The Jitsiiees, ® &a' {Ta&otton, 1851.) ROADS, BRIDGES AND FERRIES.—1800-'05. 945 Cross roads—Ferries and Toll bridges. j. 6. Sec. III. The Inferior Courts of the respective Counties cross roads. Within this State are hereby authorized and empowered to direct the manner and mode of keeping in repair all cross, and other roads, not $eing an immediate or direct market road, leading through theit re¬ spective Counties; in such maimer as they in their judgment may think most proper. 7. Sec. IV. So much of the before-recited Act, directing the ff^\p0sbed overseers of districts to remove all stumps and trees, shall be constru-cut- ed so as to remove such stumps and trees from being obstructions to wheel carriages, by cutting the same as nearly even with the surface as possible. [Sec. 3.] An.Act authorizing the Inferior Courts in each County within this -State, to establish ferries and bridges, and. such rates for crossing thereat, as to them may appear reasonable ; and to authorize the erection of a. toll-bridge on Canoucliec, in Liberty County.—Ap¬ proved Dec. 6th, 1805. Vol. II. 262. 8. Sec. I. The Inferior Courts in the several Counties in this r»ferior State are hereby empowered, if they should deem it necessary, on discretionary application being made, to authorize the establishment of such fer- ries1 or bridges as they may think necessary, other than where fer- , ties and bridges have already been established b]r law, and to allow such rates for crossing thereat as are usual or customary on water¬ courses of the same width; Provided nevertheless, that the Legisla¬ ture shall at all times retain the power of making such alterations in the establishments made by the Justices of the Inferior Courts, as to them may seem proper. [Sec. 12.] 9. Sec. II. It shall be the duty of any person who may obtain Sufficient such establishment, order or leave, to keep a good and sufficient ferry- intend1 flat or bridge, and to give due attendance thereat, and if any damage anc/inust"' shall happen to any person or persons by reason of the insufficiency ort1h™ownd> of such flat or bridge, the non-attendance or neglect of the ferryman crs li:l!,le t0 o / ej j action. or keeper of such bridge, the person so aggrieved or damaged shall and may have and maintain an action against the owner of such fer¬ ry or bridge. 10. Sec. III. Any two of the Justices of the district in the now such County where such ferry or bridge may be established, on complaint bfproseeu-1 to him or them by any person, that he or she has sustained damagested" by reason of non-attendance, neglect, or insufficiency of the flat or bridge, to an amount not exceeding thirty dollars, which information rf under so shall be made on oath, shall cause the owner of such ferry or bridge,dollars' to appear at the next Justices' Court of the district where such ferry or bridge may be, to answer the plaintiff's complaint, which shall be fully set forth in the warrant, and also the day on which such injury [1.] The right to establish a public ferry does not grow out of the ownership of the land. It is a franchise of the people collectively, and must be exercised under grant, express or implied. 6 Ga. 130. Seven years' uninterrupted possession implies a grant. 7 Ga. 848. 119 915 ROADS, BRIDGES AND FERRIES.—1S05-'18. Damages for defaults—liatcs of Toll—Koad districts. took place ; and the Justices before whom the same may be tried, shall cause five disinterested persons to be impanneled and sworn as Jurors, to whom such case shall be submitted, and their verdict shall be the judgment of the Court, and such proceedings shall be had thereon, as in other cases: Provided, that when any person consid¬ ers himself aggrieved or hath sustained damages to an amount ex¬ ceeding thirty dollars, he, she or they, so considering themselves ag¬ grieved or damaged, may have and maintain in the Superior or Infe¬ rior Court of the County, an action against the owner of such furry or bridge, and shall reeover thereon the amount which the Jury try¬ ing the cause may assess.* Sec. IV. [Relates to the Canouchee bridge.] 11. Sec. V. No ferry shall be established on any stream or wa¬ ter course, over which bridges are now erected at the expense of any County or Counties : Provided, nothing herein contained shall ex¬ tend, or be construed to extend, to prevent the erection of bridges at public expense, at places other than those where bridges are now es¬ tablished. [Sec. 45.] An Act to regulate toll-bridges, ferries, and turn pike roads.—Ap¬ proved Dec. 22, 1808. Vol. II. p. 460. Rites of ton 12. From and after the first day of January, 1809, it shall be the oniMpnTt duty of every and all proprietors of toll bridges, ferries, and turn- .»ruinSfor-c P^e roa(ls: t0 a board in a conspicuous situation on each bridge, fi-itcu. turnpike-gate, or landing place, held by him or them; the board to be painted black, with white legible characters written on the same, noting the dliferent rates of toll or ferriage (as the case may be,) al¬ lowed by law. In case of any proprietor or proprietors neglecting so to do, he or they shall not be entitled to the toll or ferriage accru¬ ing from such bridge, ferry, or turnpike-road. [Sec. 8, 9, 10, 11; and see Militia, sec. 36.] An Act to alter and amend the road laws of this Stale.—Approved Dec. 19, 1818. Vol. III. 786. justices of 13. Sec. I. The Justices of the Inferior Courts in and for the lay several Counties in this State, at the first session or term after the oat dlitncts'passi1)g of this Act, or as soon thereafter as convenient, shall jrooeed to define and point out as many and such districts as to them shell seem meet and proper, having due regard to proportioning said dis¬ tricts or divisions so as to divide the labor and expense of the rends, causeways, and bridges, etpially among the citizens and hands of the And how to respective districts throughout the said Counties. And on armlica- lny out or alterroad3. tiou to said Court for any new road, or any alteration in an old iui 1, the said Justices shall proceed to appoint, three discreet andprop'r persons, residing in the neighborhood where such road is intend' 1 to pass; and in case they find it of public utility, they may proceed If over 33 dollars. No ferry to he where there Is a county bridge. *A.3 to the jurisdiction of the Inferior Court herein, fee 41. ROADS, BRIDGES AND FERRIES.—1818. 917 Commissioners—Koad hands—Overseers. to mark out the same,* on oath taken before any Justice,* and report to the said Court, the Clerk of which is hereby required to notify the commissioners hereinafter named of such report; and the Justices sbaii ap- of said Inferior Courts shall appoint two or more commissioners, one Sione7a. of whom shall be a Justice of the Peace ;f and in case of death, re¬ signation, or removal of the Justice, the other two commissioners are hereby authorized to administer oaths relative to their duties of oaths, the roads, who shall be notified of such their appointment in writing cierk to no- by the Clerk of said Court, within ten days after such appointment, *fy lllcm' under the penalty of forty dollars for every such defau.lt; and if any what sha» commissioner or commissioners, within ten days after the receipt of^® accept such notification, shall not make his or their resignation to some one ailce- of the Justices aforesaid, such commissioner shall be considered as Their power having accepted such appointment; and the commissioners so ap- pointed shall have full power and authority to proceed to apportion ' the roads and hands for the districts aforesaid; and in case of refus- not accept, al, departure, or decease of any such commissioners, the Inferior court mayr Courts in the Counties aforesaid shall have power to fill such vacan- vacancy.'6 cy, either in term time or vacation. 14. Sec. II. All male inhabitants, mulattoes and free negroes, what per- and all male slaves, from the age of sixteen to forty-five years, in the worJc.iabto'° Counties aforesaid, shall be, and they are hereby declared to be ob¬ liged to appear with such implements as directed by the overseer, and work on the several roads, causeways, and bridges, within the several districts to which such male white inhabitants, mulattoes, free negroes, and male slaves, shall have been alloted, pursuant to this Act: or such male white inhabitants, mulattoes, free negroes, and owners, managers, or employers of such negroes or male slaves, shall be liable to the fines and penalties in this Act defined and ex¬ pressed. % 15. 8ec. III. The commissioners appointed under this Act, or a oommiiimoa- mijority of them, shall, and they have hereby full power and author- ^ntver¬ ity to appoint one or more person or persqns, within their several dis- see"' triets, as overseers, to summons all such persons as are obliged to Whosha1, work within the said districts, at leasf ^firee days before the time of ^'3"°"^ working, stating the time and place of meeting, with such imple- fiig irife meats as shall be deemed necessary for the repairing of the road. To work not and at such times of the year as in his opinion the roads may require days'at once repairing, (not to exceed five days at any one time of working, norjn to exceed fifteen days in twelve months, unless emergencies require l0,ssin'cases . of emergen- it,) to repair and work on the roads, causeways, and bridges within cy. •To lay out the same to the greatest ease and convenicne.y of the inhabitants, and as lie,tie as may be to the prejudice of any private person or persons' enclosed ground. Act of .se.c. 2. Vol. I. p. 403. See, also, sec. 31. tThe precisions a< to Justice of the he ice repealed as to 13 aid win, "Burke, Appling, Clark >, (Abb, S 'riven, Newtm. Ployd, Washington, Gwinnett, Telfair, Wilkes, Jef¬ ferson and Irwin, 1317. Pain. 273. ^Portions of the road may lie allotted to particular persons, see see. 51. llaihoad baud-, exempt on certain conditions, aee sec. 00. [1.] Unconstitutional as to unenclosed lands, no provision being made to pay the damages. 1'arham cs. The Justices, §c. 9 Gu, (Talboiion, 1851.) 943 ROADS, BRIDGES AND FERRIES —1318. Defaulters—Duty of overseers. the same.* And the several owners, managers, or employers of male slaves, within the several districts, shall when summoned as afore- L'nts of said, deliver to the person summoning him, her, or them, a list of all delivered'lly such male slaves as are by this Act liable to work on said roads, in io^the'cver-" wrhing, signed by such owner, manager, or employer, under a pen- seers,andby a]ty 0f three dollars for each hand, which list the person summoning them to the . . r , . . , commission-shall deliver to any one of the commissioners in the district 111 winch era" he was appointed to summons as aforesaid. penalty for 16. Sec. IV. Every male white inhabitant, free negro, or mulat- notworking. duly summoned to work in the respective districts wherein such male white inhabitants, free negroes, or mulattoes are obliged to work by this Act, shall neglect or refuse to obey such sum¬ mons, he shall for each day he should so refuse or neglect to appear and work as aforesaid, forfeit a sum not less than one dollar nor more than three dollars, (commissioners aforesaid excepted,) for each hand so in default. collection. 17. Sec. Y. It shall be the duty of the commissioners or a ma¬ jority of them, to issue executions against defaulters, under their hands and seals, directed to any lawful Constable of the district, for the amount of all fines by them imposed by this Act, unless a satis¬ factory excuse be rendered to them on oath withih twenty days by the person or persons returned by the overseer as defaulters; and it shall be the duty of the Constable to levy and collect such fines in the same way and manner as executions issuing from the Justices' Courts, Pavmpnt and when collected the said Constables shall within ten days pay application over the amount collected, to the commissioners or any one of them, of penalties. one-half of which shall be paid by the commissioners to the over¬ seer, and the remainder, together with any fines which may be col¬ lected from the overseers, shall be paid to the Inferior Court and ap¬ plied to the building and repairing bridges in their Counties: Provid- Overseers ecf, that overseers shall not be witnesses against defaulters to any witnesses other fact than that of summoning to work on the said roads. On tv of over- 18. Sec. YI. It shall be the duty of all overseers appointed, or Been. that may hereafter be appointed, to superintend the working on and repairing the road or roads laid out and assigned by the commission¬ ers to their superintendence, and cause the same to he well worked on, and repaired in the best possible manner which the situation of the as to roads, land over which said road shall pass will admit of, and to make a return to the commissioners, or some one of them, within five days Ami as to after every time of working 011 said roads, a list of all defaulters and defaulters, deficiencies which may have taken place during such time of wink¬ ing on said road. And when any overseer shall at any time, within renaity for twelve months after his appointment, neglect or refuse faithfully to dis- duty!ct°f char§8 t*18 duties required of him as overseer, he shall be subject to a fine not exceeding twenty dollars ; and it shall be the duty of the com¬ missioners to notify such overseer of any failure of duty, and unless satisfactory excuse be given to said commissioners, or a majority of them, within twenty days after such notice being given, they shall now collect-issue execution against such delinquent overseer for the sum for which ♦As to extraordinary calls, see sec. CO. ROADS, BRIDGES AND FERRIES.—1818. 949 Obstructions—Use of timber—Line Bridges. he iiad laid himself liable, as pointed out by this Act, directed to any Nonstable in the district where such overseer may reside, for the col¬ lection of said fine. [Sec. 4.] 19. Sec. VII. Wnen any road may be a district line, the com- where roads missioners of each district shall meet and co-operate in appointing uneeilritnct overseers on such roads, and where any dispute may happen relative to district lines, the commissioners of each district shall cause the lines to be plainly marked out and designated. . 20. Sec. VIII. All overseers shall cause their respective roads to Wil]th °1 1 roads and be cleared out at least thirty feet wide, ana all causeways at least causeways, "sixteen feet wide.* 21. Sec. IX. When any person shall hereafter make any fence, ^fineon" or cut any tree, or make other obstructions in or across any public any person f< x (-b^truct- road, the commissioners may be ..otihed of the obstructions, if the in« a mad. same do not come under their knowledge, or any one of them, (and unless removed in two days) such persons shall, for every such of¬ fence, pay a fine not exceeding twenty dollars, to.be recovered by warrant under the hand and seal of any Justice of the Peace, to be applied as is herein directed ; and it shall be the duty of the overseer of the road forthwith to cause the said obstructions to be removed. 22. Sec. X. All overseers are hereby authorized to make use of °^eteJSuse any timbers for the use of the road, upon which they may be requir- timber. ed to work, except board and shingle timbers. 23. Sec. XI. When it shall be necessary to have bridges over Bridges be¬ any water-course which divides one County from another, the Infe- ties.6"001111" rior Court of each County shall join in appointing commissioners for the building of, and keeping in repair the same, and the expenses thereof shall be defrayed by both Counties in proportion to the ' amoipat of the general tax of each, to be estimated by the digest of the general tax, taken next before such contract. J 24. Sec. XII. When any public bridge shall require repairing, ^pairing it shall be the duty of the commissioners, or any one of them, to give u gc°' notice in writing thereof, to the undertaker or one of his securities, stating the repairs necessary to be made and requiring the same to be made within a reasonable time, to be set forth in the said notice and if the same shall not be made within such time, such com¬ missioner or commissioners, shall employ some other person or per¬ sons- forthwith, to make such repairs, and shall immediately there¬ after issue an execution against such undertaker and his securities, for the amount given for the said repairs with cost.J 25. Sec. XIII. When any commissioner, appointed for letting ifcommis- any public bridge under and by virtue of this Act, shall undertake comes un- the building and keeping in repair the same, or shall become the se- g^y^his" curity for any other person so undertaking, the powers of such com-office ceases* missioner shall from thenceforward cease and determine, and the In¬ ferior Court in the County shall appoint one other in his room.f 26. Sec. XIV. In all cases where the Justices of the Inferior penalty on Courts have appointed, or may- hereafter appoint commissioners in e^X-'refa"- their respective districts according to the provisions of this Act, andal or,le§lect- *But see sec. 48. fSee see. 49, where one County refuses to act. $But see Act of 1845, sec. 64. 950 ROADS, BRIDGES AND FERRIES.—1S18. Vacancies of Commissioners—Defaulters—Proceedings against delinquent Commissioners, ~ ——— v the commissioners so appointed shall at any time within twelve months after their appointment, neglect or refuse to discharge th$ duties required by this Act, and sufficient proof thereof being ma^e to the Inferior Court, they shall be fined in a sum not exceeding six¬ ty dollars, for every such refusal or neglect of duty ; which fines, when collected, shall bo by the Inferior Court appropriated to the building and keeping in repair the public bridges within the County. 27. Sec. XY. When any of the commissiones as aforesaid shall Vif{incv 01 commission- resign. the Justices of the Inferior Court, or a majority of them, shall natio«.re*'s in term time or vacation, appoint other fit and proper person or pet- sons, in their stead, who shall be subject to the like services and pen¬ alties, as pointed out by this Act, and shall also continue to discharge the duties required of them, for the term of one year from the date of their appointment, and until they shall signify their resignation to the Justices of the Inferior Court. vacancies 28. Sec. XVI. In case where any vacancy may happeji by death, movaior"'removal, or other disability, the Justices of the Inferior Court, or a bi'uy.l'Isa majority of them, shall proceed to fill such vacancy, either in term time or vacation, and the person so appointed shall be subject to the like dut ies and penalties as all other commissioners are, appointed by virtue of this Act. commission- 29. Sec. XYII. The commissioners so appointed, or a majority of cases olde" them shall hear and determine on all cases of default.for neglect of duty !*^>etod required by this Act: Provided, such hearing and determining shall fauiters. be within thirty days after such default : Provided, the party in de¬ fault shall have teu days' notice in writing from the overseer, to be left at his usual place of residence, of the time and place of hearing and determining such default. Application 30. Sec. XVIII. All moneys collected by virtue of this Act ex- ofmoneys. cept as are otherwise provided for, shall be by the commissior}- ers aforesaid paid into the hands of the Clerk of the Inferior Court, to be applied to the repairing the public bridges and causways. Newroads. 31. Sec. XIX. In all cases, where commissioners have been or may hereafter be appointed for the purpose of reviewing any new road intended to be laid out, and shall report to the Inferior Court the propriety of opening the same, the said Court may, if they or a ma¬ jority of them deem it advisable, pass an order for opening such road.1 proceedings 32. Sec. XX. In case any commissioner or commissioners, ap- hnquent'8" pointed by virtue of this Act, shall neglect or refuse to discharge the commission- duties required of them, as pointed out by this Act, and information thereof being lodged with the Justices of the Inferior Court, by any person, it shall be the duty of said Court to notify such commission¬ er or commissioners of such information, and unless excuse be of¬ fered to the satisfaction of the Justices of said Court, or a majority of them, within thirty days after such notice being given, they shall direct the Clerk to issue execution against any such delinquent com¬ missioner or commissioners, for the sum for which he had laid him¬ self or themselves liable, as pointed out by this Act, directed to any Constable in the district where such commissioner may reside, fhfc the collection of said fine, and to return the same at the next term (1.) See Parham vs. the Justices, %c. 9 Ga.—(Talbotton, 1831.) ROADS, BRIDGES AND FERRIES.—1818. 951 Mile posts—Finger boards—Defacing posts and boards. of the said Court for which services the Constable collecting and re¬ turning the same, shall receive from the Justices of the Inferior Court the usual fees out of the money so collected. ' 33. Sec. XXI. From and after the first day of June next, it shall be the duty of all overseers of roads, leading from the Court-house of urithe road8 their respective Counties within this State, in addition to the duties posts! herein required, to measure all that part of the road to which they may be appointed overseers, commencing at the said Court-houses, and at the end of each mile, to set up a post or mark on some con¬ spicuous place, which shall designate the number of miles from thence to the Court-house as aforesaid. 34. Sec. XXII. Where it shall so happen, that in measuring Howtheyare from the Court-house as aforesaid to the end of the district to which u°ed from""1 they are appointed overseer, and the distance shall not be an equal ^Ict.10 number of miles, the overseer of the same road in the next adjoining district, shall be compelled to commence at the last mile-post in the district thus measured, unless such district shall end at some County line; then and in that case, the overseer of such district shall, by some post or mark, designate the distance from such County line to the Court-house of their respective Counties as aforesaid. 35. Sec. XXIII. It shall be the duty of all overseers as afore-Direction said, at the fork of each public road, within their respective districts, fo^ksofatthe to place or post up in some conspicuous place, a board or other mark,roads- designating on the same the most public place to which each road directs. 36. Sec. XXIV. Every public road leading from any seaport, roads from or other town, shall be measured from thence until it intersects the otlier towus* first Court-house or County Town. 37. Sec. XXV. When any public road as aforesaid shall be al- if roads are tered so as to make it necessary to remove any post, it is hereby made must b» re- the duty of the overseer of said road, to remove such post, or set up movcd* others in such manner as to answer the purpose contemplated by this Act. 38. Sec. XXVI. Incase any of the overseers should fail or Twenty doi- omit to measure, post and mark their respective roads as contempla- for^auin^so ted by this Act, or omit to set up sign-boards as above contemplated,todo- he shall forfeit and pay a sum not exceeding twenty dollars, to be re¬ covered as other fines before recited in this Act, and appropriated to the same purposes. 39. Sec. XXVII. All public roads shall be laid out the nearest publicroadg. and best way to the place to which they are intended ; and the how laia out commissioners of roads shall in all cases designate the same on oath, if required by the Court.1 40. Sec. XXVIII. If any person or persons shall remove or de-^ face the said posts, boards, or marks, they shall forfeit and pay a sum lashes for re- not exceeding thirty dollars for each ancl every offence, to be recov- defacing0* ered before any Court having competent jurisdiction of the same, "aboard® one-half to the County, and the other half to the informer; and if the same offence should be committed by a slave or slaves, or any free person or persons of color, he, she or they, shall receive, on con- (1.) See Parham vs. The Justices, 'a7ed.ct cited section—to wit, the words, the first pillar, engraven on its base,- Wisdom, the second, Justice, and the third Moderation—be, and New seal as the same is hereby repealed. And that the great seal, as now de- toncd'aiX posited and in operation in the Secretary of State's office of this established. State, with the words, Wisdom, Justice and Moderation, engraven in a wreath on the several pillars, emblematic of the several depart* ments of the government, be, and is hereby sanctioned, ratified^ and declared the great seal of the State of Georgia ; and all grants, papers, and documents, to which the same has been affixed by ordei of the Executive authority since the fourth day of July last past, the peril >d when the former great seal by the aforesaid Act ceased to be the great seal, and the new great seal was by the said Act to be.in operation, are hereby also sanctioned, ratified and declared to be at valid in all Courts of Law and Equity as they possibly would or SERVANTS, NOT SLAVES.—1796. 961 Analysis. could have been, had the words Wisdom, Justice, and Moderation, been engraven on the base of the respective pillars, agreeably to the directions of the said second section. Whereas, there is now in the Secretary of State's office a number of grants of land issued previously to the fourth day of July last past, Which have not heretofore had the former great seal of the State af¬ fixed to them: 5. Sec. II. Be it enacted That the Secretary of State shall af-^ ew seal to fix the present great seal of this State, as declared by this Act, to any grants sign- grant or grants which have been issued for land under the authority juiyfim'11 of this State previous to the fourth day of July past, which have 'not heretofore had the former great seal of this State affixed to such grant or grants as aforesaid, which shall be held, deemed, and con¬ sidered valid in all Courts of Law and Equity, any law to the con¬ trary notwithstanding. [Counterfeiting the great seal, see Penal Laws.] SERVANTS, NOT SLAVES. Sec. 1. Contracts for service—execution. J Sec. 4. Future contracts—their rights. " 2 Indentures made abroad. " 5. Clothing—discharge. " 3. Treatment—remedies. " 6. Assignment of indentures. An Act for the government of servants, not slaves, imported or migrating into this State.—Approved Feb. 6, 1796. Vol. I. 416. Whereas, the encouragement of migration into this State of white inhabitants is of primary consequence thereto, and many valuable artisans and useful persons of the poorer class of Europeans desirous of migrating hither, have not wherewithal to defray the charge of passage money, and other incidental expenses attending the same, and either indent themselves as servants previous to embarking, or agree with the Captains, owners, supercargoes of vessels, or others, to indent themselves as servants on their arrival at any of the ports of this State, or the United States, as a compensation for such pas¬ sage money and expenses : And whereas, it has happened on such arrival, disputes have arisen between such persons so migrating and those who have borne their expenses as aforesaid, or those to whom they were previously to embarkation indented; and doubts, have- been entertained of the validity of any contracts made* in a foreign country with respect to binding and holding to service any person so migrating, unless a new agreement be entered into after his or her arrival within this State ; for remedy whereof, 1. Sec. I. Be it enacted, §'c. That from and after the passing of this Act, all white servants brought into this country under any agree- 121 962 SERVANTS, NOT SLAVES.—1796. Indentures made abroad—How executed—Treatment—Itemcdy of servants. contracts ment or contract made in foreign countries, and who shall not previ- wittfwhite*1 ously to embarkation therefrom have been indented, shall be bound howTo'b'e t0 perform the same; and in case of refusal to indent himself, lier- cjrecce strictly levied, and applied in the manner hereinbefore mentioned.! 8. Sec. XII. [As to plea of general issue, superseded by Judi¬ ciary Act of 1799;]' and if a verdict shall pass against the plaintiff or plaintiffs, or that such plaintiff or plaintiffs shall suffer a non-suit, or discontinue of his or their action or suit, then and in every such case, the Court where such action shall be depending, shall tax and nouMe cost allow to the defendant his or their double costs in every such suit or cLes?din action.]: An Act to amend and continue the foregoing.—Approved Dec. 24, 1768. Vol. I. 424. *In this and several other instances, the sections in Mar. and Crawf. Digest, are not numbered correctly. The first sjction in this Act should have been in two, and of con¬ sequence, the 9th should have been the 10th. fThis section is virtually obsolete since these duties are transferred to the J ustices of the Peace. See sec. 120. JThis Act was originally temporary, but see Laws, sec. 1. (1.) So held in Brooks vs. Ashburn, 9 Ga. (Talbotton, 18ol.) 122 970 SLAVES, PATROLS. &c.—1768. Fire-arms—Duty of patrols in reference thereto. no slave 9. Sec. I. Immediately from and after passing of this Act, it ffJc'irmT&c. shall not be lawful for any slave,* unless in the presence of some ceulni'cascs white person, to carry and make use of fire-arms, or any offensive weapon whatsoever, unless such slave shall have a ticket or license in writing from his master, mistress, or overseer, to hunt and kill game, cattle, or mischievous birds, or beasts of prey, and that such license be renewed once every week, or unless there be some white person of the age of sixteen years or upwards in the company of such si we, when he is hunting or shooting, or that such slave be ac¬ tually carrying his master's arms to, or from his master's plantation, by a special ticket for that purpose, or unless such slave shall be found in the day-time actually keeping off birds within the planta¬ tion to which such slave belongs, lodging the same gun at night within the dwelling-house of his master, mistress, or white overseer; rroviso. Provided always, that no slave shall have liberty to carry any gun, cutlass, pistol, or other offensive weapon, abroad at any time between Saturday evening after sunset, and Monday morning before sunrise, notwithstanding a license or ticket for so doing. patrols may 10. Sec. II. In case any or either of the patrols established, or soizfi offon- ke established within this province, by virtue of the said Act, on fiive v»tu- i ' j ' '"r"ho" 'cs searc'img and examining any negro house for offensive weapons, fire- or'any per- arms, and ammunition, shall find any such, or in case any person son' shall find any slave using or carrying fire-arms or other offensive weapons, contrary to the intent and meaning of this Act, such pat¬ rol, or person or persons may lawfully seize and take away such of¬ fensive weapon, fire-arms and ammunition, but before the property thereof shall be vested in the person or persons who shall seize the Mannerof same, such person or persons shall within three days next after such the same, seizure, go before a Justice of the Peace, and shall make oath of the manner of taking thereof, and if such Justice of the Peace after such oath made, or upon due examination, shall be satisfied that the said fire-arms, offensive weapon, or ammunition, shall have been seized according to the directions, and agreeable to the true intent and meaning of this Act, the said Justice shall by certificate under his hand and seal declare them forfeited, and that the property is lawful¬ ly vested in the person or persons who seized the same. Provided al- proviso. ways, that no such certificate shall be granted by any Justice of the Peace, until the owner or owners of such fire-arms or other offensive weapon so seized as aforesaid, or the overseer or overseers who shall or may have the charge of such slave or slaves from whom such fire¬ arms or other offensive weapon so taken or seized, shall be duly sum¬ moned to show cause why the same should not be condemned as forfeited, or in case of non-appearance, until three days after the service of such summons, and oath made of the service thereof be¬ fore the said Just ice. f Secs. III. IV". and Y. [Superseded. Vol. II. 133, 653, andoth-* er subsequent Acts.] Secs. VI. VII. and VIII. [Also superseded. Vol. II. 243, 653.} *Nor for any free person of color, gee see. 136. See also, sec. 25. +See also sec. 25. SLAVES, PATROLS, &c.—1770. 971 Slaves—Chattels—hollow the condition of mother—Suit for freedom. An Act for ordering and governing slaves within this Province, and for- establishing a Jurisdiction for the trial of offences committed by suck Slaves, and other persons therein mentioned, and to pre¬ vent the inveigling and carrying away Slaves from their masters, owners, or employers.—Approved May 10, 1770. Vol.1. 420. Whereas, from the increasing number of slaves in this Province, it is necessary as well to make proper regulations for the future or¬ dering and governing such slaves, and to ascertain and prescribe the punishment of crimes by them committed, as to settle and limit, by positive laws, the extent of the power of the owners of such slaves over them, so that they may be kept in due subjection and obedi¬ ence, and owners or persons having the care and management of such slaves, may be restrained from exercising unnecessary rigor or wan¬ ton cruelty over them: 11. Sec. I. Therefore be it enacted, That all negroes, Indians, Negroes,&c. mulattoes, or mustizoes, who now are, or hereafter shall be in this Province, (free Indians in amity with this government, and negroes, mulattoes, or mustizoes, who now are or hereafter shall become free, excepted,) and all their issue and offspring born, or to be born, shall be, and they are hereby declared to be, and remain for ever hereafter absolute slaves, and shall follow the condition of the mother, and And follow shall be taken and deemed in law to be chattels personal in the tioVof the hands of their respective owners or possessors, and their executors, be"^,Huei"<1 administrators, and assigns, to all intents and purposes whatsoever : Provided, always, that if any person or persons whatsoever, on be- foruie^rtvee- half of any negro, Indian, mulatto, or mustizoe, do apply to the Chief have guard- Justice, or Justices of his Majesty's General Court, by petition, either ed'for'that"" during the sitting of said Court, or before the Chief Justice or any of i,uri,06e- the Justices of the same Court, at any time in the vacation, the said Chief Justice, or any of the said Justices, shall be, and he and they is and are hereby empowered to admit any such person so applying, to be guardian for any negro, Indian, mulatto, or mus¬ tizoe, claiming his or her freedom, and such guardian shall be ena¬ bled, entitled and capable in law, to bring an action of trespass, in Nature of the nature of ravishment of ward, against any person or persons LIfdthe°n who shall claim property in, or shall be in possession of any such pleud,ngs- negro, Indian, mulatto or mustizoe,* and the defendant or defend¬ ants, shall and may plead the general issue on such action brought, and the special matter may and shall be given in evidence, and upon general or special verdict found, judgment shall be given accord- an l other ing to the very right of the cause, without having any regard to any defect in the proceedings, either in form or substance, and if judg¬ ment shall be given for the plaintiff, a special entry shall be made, declaring that the ward of the plaintiff is free, and the Jury shall assess damages which the plaintiff's ward hath sustained, and the Court shall give judgment and award execution against the defend¬ ant for such damages, with full costs of suit, but in case judgment * For further provisions on this subject, see Acts of 1835 and 18-37, sees. 152, 155. For Act establishing a tribunal to try the question of citizenship, see " Judiciary," Art. VI. " Citizenship and Residence," sec. 242. 072 SLAVES, PATROLS, o*mtobe' mit to the examination of any white person, it shall be lawful for treated. any such white person to pursue, apprehend, and moderately correct such slave.$ *See further provisions on this subject, hv the Acts of 1835 and 1837, sees. 152,155, tAs to what the ticket shall specify, see Act of 1839, sec 161. See also, sec. 34. JSee Penal Laws, sees. 115, 279. $ Remainder of this section superseded, see Penal Law», sees. 45, 46. SLATES, PATROLS, &c.—1770. 973 Assemblies of slaves—Apprehension—Witnesses—Slaves giving information. Sec. VI. [Superseded, see "Penal Laws," 273.] 16. Sec. VII. And whereas, the frequent meeting and assembling meetings of of slaves, under the pretence of feasting, may be attended with dan- gerous consequences : Be it further enacted, That it shall and PBKen- or government of any slave who shall be accused of any capital ^ave"fac-,r ejrime, shall conceal or convey away any such slave, so that he can- capjtaiofa not be brought to trial and condign punishment, every master or oth- £|tni2e0'0to for~ er person so offending shall forfeit a sum not exceeding two hundred pounds, pounds sterling, if such slave be accused of a capital crime as afore-if not capital said; but if such slave be accused of a crime not capital, then such 20 poundrf' roaster or other person shall only forfeit a sum not exceeding twenty pounds sterling, to be paid to the Treasurer for the use of the public. 24. Sec. XXI. All and every the Constable and Constables duties of in the several parishes within this province, where any slave shall be oTexewtlng sentenced to suffer death,* or other punishment, shall cause execution p^edon to be done of all the orders, warrants, precepts, and judgments of the ^lJtess* justices hereby appointed, to try such slaves; for the charges and trouble of which, the said Constable or Constables respectively shall be paidby the public, unless in such cases as shall appear to the said Justice or Justices to be malicious or groundless prosecutions, in which cases the said charges shall be paid by the prosecutors: for whipping, or other corporeal punishments not exteuding to life, the sum of five shillings ; and for any punishment extending to life, the sum of fifteen shillings ; and such other charges for keeping and maintaining such slaves, as are by the Act for erecting the workhouse appointed :f for the levy¬ ing of which charges against the prosecutor, the Justices are hereby empowered to issue their warrant ; and that no delay may happen in causing execution to be done upon such offending slave or slaves, the Constable who shall be directed to cause execution to be done, shall be, and he is hereby empowered to press one or more slave or slaves May impress iu or near the place where such whipping or other corporeal punish- fursuchvi,s rnent shall be inflicted, to whip or inflict such other corporeal punish- PurPCS0- ment upon the offender or offenders ; and such slave or slaves so pressed shall be obedient to, and observe all the orders and directions of the Constable in and about the premises, upon pain of being pun¬ ished by the said Constable, by whipping on the hare back not ex¬ ceeding twenty lashes, which punishment the said Constable is here¬ by authorized and empowered to inflict; and the Constable shall, if he presses a negro, pay the owner of the said negro two shillings out of his fee for doing the said execution; and iu cases capital shall pay to the negro doing the said execution the sum of two shillings, over and above the said fee to his owner. 2o. Sec. XXil. It shall not be lawful for any slave to carry and si; ivcs nut to make use of fire-arms or any offensive weapon whatsoever, unless «c«pt there be some white person of the age of 16 years or upwards in the company of such slave when he is hunting or shooting, or unless such slave be found in the day-time actually keeping off birds or killing beasts of prey within the plantation to which such slave belongs, lodging the same gun at night within the dwelling-house of his mas¬ ter, mistress^ or white overseer; and in case any person shall find *TTnder the Act of 1850, giving jurisdiction of capital offences to the Superior Court must not the Shcriif execute the sentence ? fOhsolctc; J As to free persons of color, see Act of 183-3, sec. 136. 976 SLATES, PATROLS, &c.—1770. Striking white persons—Fugitive slaves—To whom delivered. any slave using or carrying fire-arms or other offensive weapon con¬ trary to the true intent ion of this Act, such person may lawfully seize and take away such offensive weapon or fire-arms; but before the property thereof shall be vested in the person who shall seize the same, such person shall, within forty-eight hours next after such seizure, go before the next Justice of the Peace, and shall make oath of the manner of the taking thereof; and if such Justice of the Peace, after such oath shall be made, or if upon any other examina¬ tion he shall be satisfied that the said fire-arms or other offensive weapons shall have been seized according to the directions, and agreeable to the true intent and meaning of this Act, the said Justice shall, by certificate under his hand and seal, declare them forfeited, and that the property is lawfully vested in the person who seized the Proviso. same : Provided always, that no such certificate shall be granted by any Justice of the Peace, until the owner or owners of such fire¬ arms or other offensive weapon so seized as aforesaid, or the overseer or overseers who shall or may have the charge of such slave or slaves, from whom such fire-arms or other offensive weapon so taken or seized, shall be duly summoned to show cause why the same should not be condemned as forfeited, or until forty-eight hours after the service of such summons, and oath made of the services thereof, be¬ fore the said Justice. [See also sec. 9. 10.] f'avpii stnk 26. Sec. XXIH. If any slave shall presume to strike any white in? white i>. Lhh,how person, such slave upon trial and conviction, before the Justice or punished. Justices according to the direction of this Act, shall for the first of¬ fence suffer such punishment as the said Justice or Justices shall in his or their discretion think fit, not extending to life or limb ; and for the second offence suffer death: But in case any such slave shall grievously wound, maim, or bruise any white person, though it shall be only the first offence, such slave shall suffer death.* Provided, always, that such striking, wounding, maiming, or bruis¬ ing, be not done by the command, and in the defence of the person or property of the owner or other person having the care and govern¬ ment of such slave, in which case the slave shall be wholly excused, and the owner or other person having the care and government of such slave, shall be answerable as if the act had been committed by himself. [And see Penal Laws, sees. 12, 15.] runaway 27. Sec. XXIT. It shall and may be lawful for every person to delivered to take, apprehend, and secure, any runaway or fugitive slave, and they bie wuiiin are hereby directed and required, within forty-eightf hours after such 4 room, store, or plantation, on his or her own account, or to be used or occupied by any slave or slaves ; and any person or persons who shall let or hire any house, room, or plantation person rent-to anY slave or slaves, or to any free person to be occupied by any £2Q.forfeit s^ave or slaves, every person so offending shall forfeit and pay to the informer a sum not exceeding twenty pounds. And whereas, it may be attended with ill consequences to permit a great number of slaves to travel together on the high roads with¬ out some white person in company with them : 36. Sec. XXXVIII. Be it therefore enacted, That no men slaves exceeding seven in number shall hereafter be permitted to travel to- ♦See Act of 1839, sec. 161. SLATES, PATROLS, foc.--1770-'92. 9m Male slaves on highway—Teaching to read, &c.—Working slaves on Sabbath. gether in any high road in this Province, without some white person Men slaves with them ; and it shall and may be lawful for any person or persons notetodtrfve'i who shall see any men slaves exceeding seven in number, without [vie,houtIay some white person with them as aforesaid, travelling or assembled ^it0 Per* together in any high road, to apprehend all and every such slaves, Ad to whip them, not exceeding twenty- lashes on the bare back. . And whereas the having slaves taught to write, or suffering them to be employed in writing, may be attended with great inconven¬ ience : 57. Sec. XXXIX. Be it therefore enacted, That all and every Penalty on person and persons whatsoever, who shall hereafter teach, or cause Aching any slave or slaves to be taught to write or read writing, or shall use ^leor0 or employ any slave as ascribe in any manner of writing whatsoev-vvn" er, every snch person and persons shall, for every such offence, for¬ feit the sum of twenty pounds sterling.* Sec. XL. [Superseded by the Penal Code. See "Penal Laws," sec. 272.] 38. Sec. XLI. If any person shall on the Lord's day, commonly penalty for called Sunday, employ any slave in any work or labor, (work of abso- "iavesfabor lute necessity, and the necessary occasions of the family only ex-Sa°~ cepted,) every person so offending shall forfeit and pay the sum of ten shillings for every slave he, she, or they shall so cause to work or labor. Sec. XLII. [As to killing slaves. Repealed by the Constitution, and by the Acton that subject. See sec. 44.] ■ And whereas, plantations settled with slaves, without any white man thereon, may be harbors for runaway and fugitive slaves : Sec. XLIII. [Repealed by Act of 1823. Vol. IT. 409.] 39. Sec. XL1Y. [As to general issue, superseded,]! and if the plaintiff be non-suit, or a verdict pass for the defendant, or if the plaintiff discontinue his action, or enter a noli prosequi, or if upon demurrer judgment be given, for the defendant, every such defendant costs, sha'l have his full costs. 40. Sec. XLT. This Act, and all the clauses therein contained, ™onstmei shall be construed most largely and beneficial for promoting and carry- ing into execution this Act; and for the encouragement and justifica- carrying the tion of all persons to be employed in the execution thereof; and that no fo«.emt° 8" record, warrant, precept, or commitment, to be made by virtue of this Act, or the proceedings thereupon, shali be reversed, avoided, or any wise impeached by reason of any default in form. Secs. XLYI. and XLVII. [Respecting the recovery and appro¬ priation of fines—superseded by Act of 1803. See sec. 50.] An Act to protect Religious Societies in the exercise of their Reli¬ gious Duties.—-Approved Dec. 13, 1792. Yol. I. 396. 41. Secs. I. and II. [See Penal Laws, sees. 377, 378.] ♦See " Penal Laws," sec. 277. (1,) See Brooks vs. Ashbnrn. 9 Ga. (Talbotton, 1851.) 982 SLAVES, PATROLS, &c.—1793-'99. Unlawful assemblies—Costs of prosecution of slaver—Murder of Blavcs. Not to m- And no congregation or company of negroes shall under any pre- fo™divine°ne tence of divine worship, assemble themselves contrary to the Act for worship, regulating patrols. Act of 19th December, 1793. Vol. I. p. 442. Sec. I. [Prohibiting the importation of negroes—re-enacted by the Constitution.] Sec. II. [Respects free persons coming into this State—repeal¬ ed by Acts of 1801 and 1818. See sees. 46, 74.* state not to 42. Sec. III. From and after the passing of this Act, the State payfor*10 shall in no instance be answerable for or liable to pay the owner any iyaeaecuteai consideration whatever for any negro slave or slaves who may suffer death by the laws of this State. expenses in 43. Sec. IV. All expenses and fees, chargeable by any of the riaveiUh"w putLlic officers, for prosecuting any negro slave or slaves, convicted to be paid, of any crime, not capital, against the laws of this State, shall be paid by the owner or owners of such slave or slaves. But in all cases where any slave shall be convicted of any crime whereby he, she or they may suffer death, the expenses attending the trial and execu¬ tion of such slave or slaves, shall be paid by the County where they shall be executed. An Act to carry into effect the 12th section of the 4th Article oj the Constitution.—Approved Dec. 2, 1799. Vol. I. 443. Sec. I. [Re-enacted by the Penal Code. See Penal Laws, sec. 46.] Thasame 44. Sec. II. If any person or persons whomsoever, shall mali- Sio«.,pr°"ciously deprive a slave or slaves of life,f he, she, or they, so offend¬ er8 ing> shall be prosecuted by indictment in the Superior Court of the lTng af»uvo" County in which such offence may have been committed, in like a8awhite manner as if the person or persons charged had perpetrated alike of- psrson. fence on any free white person or persons whomsoever ; and 011 all such trials the same rules of law and evidence shall obtain, as on other trials for murder. And if upon trial for such offence, any per¬ son or persons shall be found guilty of murder, he, she or they shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, that is to say, shall be hanged, without the benefit of clergy; and if found guilty of manslaughter, shall be punished by branding,]; in like manner as is usual in cases where any person or persons is or are convicted of manslaughter, committed on a free white person or persons, except in case of insurrection by such slave, and unless such death should happen by accident in giving such slave moderate correction. •And see also Act of 1835. sec. 148. tSee Appendix '• Constitution of Georgia," Article IV. sec. 12. JFor manslaughter, see Penal Law8, 4th division of the Code, and see same division, sees. 45 and 46, as to hilling a slave. SLAVES, PATROLS, &c.—1799-1803. 983 Murder of slaves—Manumission—Deeds not to be recorded. 45. Sec. III. In all prosecutions for offences of this nature, com- Duty 0f so- mitted by any white person or persons upon any slave or slaves, it shall be the duty of the Solicitor or Attorney General preferring and ',ns «f- fences un- prosecuting such indictment or indictments, to charge the offence or dcr this law. offences to be contrary to the Constitution and Act of the General Assembly of this State, in such case made and provided. And the Judge or Judges presiding on the trial or trials of such offender or offenders, shall be bound, upon conviction by a Jury, to pronounce sentence in like manner as if the like offence had been committed on a free white person, so that such offender or offenders may be punished according to the true intent and meaning of the twelfth section of the fourth Article of the Constitution, and of this law. Act prescribing the mode of manumitting slaves in this State.—Ap¬ proved Dec. 5, 1801. Vol. II. 27. 46. Sec. I. From and after the passing of this Act, it shall not slaves man- . • , . r umitted only be lawful for any person or persons to manumit or set free any negro by the legis- slave or slaves, any mulatto, mustizoe, or any other person or personslature" of color, who may be deemed slaves at the time of the passing of this Act, in any other manner or form, than by an application to the Legislature for that purpose. [And see sec. 77.] 47. Sec. II. If any person or persons shall, after the passing of this Act, set free any slave or slaves, in any other manner or form this m. than the one prescribed herein, he shall forfeit for every such offence, $200, to be recovered by action of debt, or indictment, the one half of the said sum to be applied to the use of the County in which the offence may have been committed, the other half to the use of the informer or informers; and the said slave or slaves so manumit¬ ted and set free, contrary to the true meaning and intent of this Act, shall be still to all intents and purposes, as much in a state of slave¬ ry as before they were manumitted and set free, by the party or par¬ ties offending. [And see sees. 74, 77.] 48. Sec. III. It shall not be lawful for the Clerks of the Superior Deedsofma- Courts, or any other officer of the State, to enter on record in any notuf'LTie- bookof record by them kept, any deed of manumission, or other pa-corded- per which shall have for object the manumitting and setting free any slave or slaves,1 and the party offending herein, shall forfeit for every deed or other paper so recorded, the sum of $100, to be recovered by action of debt, or indictment in any Court having cognizance thereof, the one-half to be paid to the party who shall sue or prose¬ cute for the same, and the other half to the use of the County, where the offender may reside. [But see sec. 75.] An Act to amend the Act of 1770. [Sec. 11, &c.]—Approved Dec. 10, 1803. Vol. II. 133. Sec. I. [Prohibits trading with slaves. Re-enacted, Penal Code.] [1.] See 4 Ga. Rep. 76, 446. 984 SLAVES, PATROLS, &c.—1803-'06. Slaves laboring for themselves—Penalties for neglecting patrol duty. owners of 49. Sec. II. If the owner or owners of any slave, shall permit not permit1 such slave for a consideration or otherwise to have, hold and enjoy fo®®1e°IJaborthe privilege of laboring, or otherwise transacting business for liirn, selves. her, or themselves, except on their own premises, such owner or cepted. owners shall, for every such weekly offence, forfeit and pay the sum of $30,* except in the Cities of Savannah and Augus.a, and the town of Sunbury. Fines under 50. Sec. III. The several fines and penalties imposed in pur- that oVmo! suance of this Act, or the before-recited Act, shall, in no one instance dollars 10 30 exceed the sum of $30, and shall be recovered before a Justice of ered andT) ^ie Peace5 *n t^ie usua^ form of liquidated demands, a moiety thereof plied!"1' ai' shall be applied to the use and benefit of such person or persons as shall sue for and recover the same, and the other moiety thereof shall, within thirty days thereafter, be transmitted by the Justice of the Peace, before whom the same shall be recovered, to the Clerk of the Inferior Court of the County where he resides, in suppoh of the funds thereof. no slave to' 51. Sec. IV. Nothing herein contained shall go to compel any twicee?or tiie slave to be put on his trial twice for one and the same offence. same otfence An Act to amend the 2d and Ath sections of the Act of 1765. [For the title, see sec. 1.]—Approved Dec. 8, 1806. Vol. II. 333. TWhereas, the fines imposed by said Act for the refusal and neg¬ lect of patrol duty is found from experience to be inadequate to the purposes therein intended—for remedy whereof, 14 renait.v for 52. Be it enacted} fc. That any person liable to do and perform pauoUuty. patrol duty, as prescribed in the above-recited Act, who shall refuse or neglect to do and perform the same, shall forfeit and pay a sum not exceeding $5 for each offence, to be adjudged by a majority of the militia officers of the company district where the offence shall be committed, and levied by distress and sale of the offender's goods, under the hand and seal of the Captain or commanding officer of- such company, to be paid over to the Inferior Court, for the use of the poor of the County where such offence shall be committed, un¬ less sufficient excuse be made to the officers of such company on command- their next ensuing muster day.f And if shall be the duty of the com- to3retumtrde-man(^ers patrols, to make a just and true return of all defaulters fauiters. jn their respective districts to the Captain or commanding officer of the company, on the muster day after the} shall have been appoint- Penaityon e(^- And if any person shall have been regularly appointed to com-■ commander, mand the patrol, agreeable to the above-recited Act, who shall refuse negioctof to accept of such command, or after acceptance thereof, shall refuse duty' or neglect to do his duty, such person so offending shall, for every such offence, forfeit and pay a sum not exceeding $10, to be adjudg- How collect- ed by a majority of the officers of the company, and levied by dis- edandap- tress and sale of the offender's goods, under the hand and seal of the Captain or commanding officer of the company, and paid over to *And pay a tax of $100. See "Tax," Act of 1850, sec. 130. fSee sec. 120. SLAVES, PATROLS, &c.—180S-T0. 985 "Binding out male free persons of color—Guardians for. the Inferior Court, for the use of the poor of the County where such offence shall be committed.* Act of 17th December, 1808. Vol. 11.462. Whereas, the permitting of free negroes and persons of color to rove about the country in idleness and dissipation, has a dangerous tendency: 53. Sec. I. Beit enacted, That the Justices of the Peace with any three freeholders of the district, be, and they are hereby vested fhep*ace^ with power to bind out to service, any male free negroes or persons hoiderfmay of color over the age of eight years, until he arrives to the age ofbin?««» male frcG nc- twenty-one years, to artisans or farmers: Provided, such free person groes, mi- or persons of color have no guardian. have ndhe5r 54. Sec. II. The respective masters to whom such servants may guardian" be indented, shall find them sufficient clothing to protect him or ^^r^aro them from the inclemency of the weather, and sufficient boarding 10 find tl:era* and lodging. 55. Sec. III. Where a complaint is made to the Justices of the district where such indented servants may reside, of any ill usage by {,oV^nqufr-t his said master, then and in that case, an investigation shall be had before the said Justices ; and on sufficient evidence being adduced, the said bounden servant shall be released from such master, and placed again to service, to another person of the same trade or farm- ing. Act of 15th December, 1810. Vol. II. 656. Beginning at sec. 7. [This Act to the 6th sec. inclusive, superseded by Act of 1818. See sec. 76, &c..] 56. Sec. VII. The Judge of the Superior or the Justices of the Inferior Courts of the respective Counties ol this State, shall upon the written application of any free negro or person of color, made at fle of culor- any regular term of the said Courts, praying that a white person resi¬ dent of the County in which such application may be made, and in which such free person of color shall reside, may be appointed his or her guardian, and upon the consent in writing of such guardian, appoint such white person the guardian of such free person of color. And the said guardian of such free negro or per¬ son of color, shall be, and is hereby vested with all the powers and authority of guardians for the management of the persons and es¬ tates of infants ; and all suits necessary to be brought for or against such free person of color, shall be in the name of such guardian, in Proviso his capacity of guardian : Provided nevertheless, that the property of such guardian shall in no case be liable for the acts or debts of his ward. 57. Sec. VIII. The said Judges of the Superior or Justices of Ju0ruy.cse~ the Inferior Courts, shall at their discretion require security from such *Sce sec. 2. 124 986 SLAVES, PATROLS, &c.—1810-'15. Trials by J. P.—In cases not capital. guardian as maybe appointed, for the proper management of the af- And allowed fairs of his ward. And such guardian shall be allowed the same «>mpensa- compensation for the discharge of his duties as guardian, as is allow¬ ed the guardians of infants by the laws of this State. An Act to establish a Tribunal for the trial of Slaves* within this State.—Approved Dec. 16, 1811. Vol. III. 797. proceedings 58. Sec. I. From and immediately after the passing of this Act, by the Jus- .... . . ,. 3 . -i ,, ticesofthe upon complaint being made to, or information received upon oath by eace' any Justice of the Peace, of any crime having been committed by any slave or slaves within the County where such Justice is empow¬ ered to act, such Justice shall by warrant from under his hand cause such slave or slaves to be brought before him, and give notice there¬ of in writing to any two or more of the nearest Justices of the Peace of said County, to associate with him on a particular day, in said no¬ tice to be specified, not exceeding three days from the date of said capital!3 not notice, for the trial of such slave or slaves. And the Justices so as¬ sembled, shall forthwith proceed to the examination of a witness or witnesses, and other evidence, and in case the offender or offenders shall be convicted of any crime not capital, the said Justices, or a majority of them, shall give judgment for the inflicting any corporal punishment, not extending to the taking away life or member, as in their discretion may seem reasonable and just, and shall award and proceedings cause execution to be done accordingly. And in case it should ap- in^capuai pear after investigation, that the crime or crimes wherewith such slave or slaves stand or stands charged, is a crime or crimes for which he, she, or they ought to suffer death, such slave or slaves shall immediately be committed to the public jail of said County, if any, provided it should be sufficient, or to the custody of the Sheriff of said County, or to the nearest sufficient jail thereto. Secs. II to VI. [Proceedings in Inferior Court superseded by Act of 1850, sec. 179.] theCproceed ^EC' ^ the duty of the Clerk to make a record ings. ' of the proceedings against such slave or slaves, separate and distinct Subprenas, from other records of his office, and he shall also issue subpoenas and issue.haU other writs necessary to procure the attendance of a witness or wit- Ruies of nesses at the instance of either party, and that in all cases respecting evidence. tjie admission of evidence against people of color, the rules shall be the same as heretofore practised in this State. Secs. VIII. and IX. [Drawing and challenging Jurors, superseded by Act of 1850, sec. 179.] An Act to point out the mode of trial of ofences cormnitted by free persons of color.—Approved Nov. 23, 1815. Vol. III. 800. [Act of 1811 extended to free persons of color. But see 179.] * See next Act, subjecting free persons of color to all the provisions of this. SLAVES, PATROLS, &c.—1S15-'16. 987 Belief of infirm slaves—Capital offences—All other offences. An Act to compel owners of old or infirm slaves to maintain them. —Approved Dec. 12, 1815. Vol. III. S02. 60. Sec. I. From and after the passing of this Act, it shall he the infirm slaves duty of the Inferior Courts of the several Counties in this State, on re- IfeTed byethe ceiving information on oath of any infirm slave or slaves being in a suffering situation from the neglect of the owner or owners of such slave or slaves, to make particular inquiries into the situation of such slave or slaves, and render such relief as they in their discretion may think proper. 61. Sec. II. The said Courts may, and they are hereby author-who may ized, to sue for and recover from the owner or owners of such slave amountthe or slaves, the amount that may be appropriated for the relief of suchfrom.th0 ' J x r u masters. slave or slaves, in any Court having jurisdiction of the same ; any law, usage or custom to the contrary notwithstanding. An Act for the trial and punishment of Slaves, and free people of color.—Approved Dec. 19, 1816. Vol. III. 804. 62. Sec. I. The following shall be considered as capital offen- certain1 ces, when committed by a slave or free person of color: insurrec- "hTwe wui tion, or any attempt to excite it; poisoning, or attempting to poison;death' committing a rape, or attempting it on a free white female ; assault¬ ing a free white person, with intent to murder or with a weapon likely to produce death ; maiming a free white person ; burglary, or arson of any description, as contained in the Penal Code of this State ; murder of another slave, or free person of color; every, and each of these offences shall, upon conviction, be punished with death-* And if any free person of color commits the offence of in- Free person veigling, or enticing away any slave or slaves, for the purpose of, and "nveigHng with the intention to aid and assist such slave or slaves, leaving the puSedT service of his or their owner or owners, or in going to another State, such person so offending shall, for each and every such offence on conviction, be confined in the penitentiary at hard labor for one year, and at the expiration of their imprisonment, shall be sold to the high¬ est bidder as a slave, for and during the term of their natural lives.f 63. Sec. II. All other offences committed by a slave, or free ah other person of color, either against persons or property, or against another punX>ie slave or person of color, shall be punished at the discretion of the atdiscretiott' Court, before whom such slave or person of color shall be tried ; such Court having in view the principles of humanity in passing sen¬ tence, and in no case shall the same extend to life or limb. 64. Sec. III. In every case of conviction, for a capital felony, pardon in the owner of the slave, or guardian of the free person of color con-capital casea victed, may apply to the Court, before which the conviction shall have taken place, and obtain a suspension of the execution of the sentence, for the purpose of applying to the Governor for a pardon ; *Be-cnacted with amendments, by Act of 1821, sec. 90. ^But see Act of 1824, sec. 94. 988 SLAVES, PATROLS, &c—1816-'i7. Pardon—Witnesses—Sentence and punishment. and it shall be in the power of the Governor to grant said pardon; [Remainder of this section repealed. Sec. 68.] in other 65. Sec. IV. On a conviction for any other offence not punisha¬ ble with death, the Court may at its discretion, grant a suspension of the execution of the sentence, for the purpose of enabling the owner of a slave, or guardian of a free person of color, to apply to the Governor for a pardon, or commutation of the punishment in such manner, and upon such terms and conditions, as he may think proper to direct.* who may be 66. Sec. V. On the trial of a slave, or free person of color, any wuaeases. wjtnes3 shall be sworn, who believes in God and a future state of re¬ wards and punishment. [And see sec. 22 and 180.] arrests and 67. Sec. VI. Every slave or free person of color charged with inpoAman.o any offence contained in this Act shall be arrested and tried, pursu- i8i mind of ant an ^ct> entitled "an Act to established a tribunal for the trial tins act. of slaves within this State," passed the 16th day of December, 1811, and the 7th, 8th, and 9th sections of this Act, and shall receive sen¬ tence agreeably to the requsitions contained in this Act. [Secs. VII. VIII. and IX. superseded by Act of 1850.] An Act to amend the foregoing.—Approved Dec. 19, 1817. Vol. III. 807. Governor 68. Sec. I. So much of the third section of the above-recited nottosnDsti- Act as authorizes the Governor to commute the punishment of death tnte imprw- - _ . . . 1 onment. tor that oi imprisonment 111 the penitentiary, be, and the same is hereby repealed. sentence 59 gEC_ jn all cases where the Jury, on the trial of any and punish- i ment slave or tree person of color, snail return a verdict of guilty, the1 Court shall pass the sentence of death 011 such slave or free person of color, agreeably to the requisitions, and subject to the same restric¬ tions as are required by the before-recited Act, or proceed to inflict such other punishment as in their judgment will be most porportion- ate to the offence, and best promote the object of the law, and oper¬ ate as a preventive for like offences in future. Sec. III. [Superseded by Act of 1850, sec. 179.] An Act for disposing of any such negro, mulatto, or person of color, who has been or may hereafter he imported or brought into this State in violation of an Act of the United States, entitled an Act to prohibit the importation of slaves'into any port or place within the jurisdiction of the United States, from and after the first day of January, 1808.—Approved December 19, 1817. Vol. III.-' 808. 70. Sec. I. It shall be lawful for his excellency the Governoff and he is hereby authorized, to appoint some fit and proper person to ♦As to commutation, see next Act. SLAVES, PATROLS, &C.-1817-'18. 989 Negroes illegally imported—Slaves and free negroes trading with slaves. proceed to all such ports and places within this State, as have or Ti.e ?ovom- may have, or may hereafter hold, any negroes, mulattoes, or persons ag!]* de-y of color, as may have been or hereafter may be seized or condemned """fve"o- under the above recited Act of Congress, and who may be subject to p<>es megai- 1 y imported the control of this State, and the person so appointed shall have full ' power and authority to ask, demand, and recover, and receive all such negroes, mulattoes, or persons of color, and to convey the same to Milledgeville, and place them under the immediate control of the Executive of this State. 71. Sec. II. His Excellency the Governor is hereby empowered and may to cause the said negres, mulattoes, or persons of color to be sold, af¬ ter giving sixty days' notice in a public gazette, in such manner as he may think best calculated for the interest of this State, 72. Sec. III. If previous to any sale of any such persons of col- or turn or, the society for the colonization of free persons of color within the JheMionLa'- United States will undertake to transport them to Africa, or any oth-tion society- er foreign place which they may procure as a colony for free persons of color, at the sole expense of said society, and shall likewise pay to his Excellency the Governor all expenses incurred by the State since they have been captured and condemned : His Excellen¬ cy the Governor is authorized and requested to aid in promoting the benevolent views of said society in such manner as he may deem expedient. An Act to alter and amend* 11 an Act to prohibit slaves from selling certain commodities therein mentioned."—Approved Dec. 19th, 1818. Vol. III. 809. Sec. I. II. III. and IV. [Superseded by Penal Code.] 73. Sec. V. If any slave or slaves, or free persons of color, shall [jcnau}'°"e purchase or buy any of the aforesaid commodities! from any slave persons 0, or slaves, he, she, or they, on conviction thereof, before any Justice wUh siavw.8 of the Peace, contrary to the true intent and meaning of this Act, shall receive on his, her, or their bare back or backs, thirty-nine lashes, to be well laid on by any Constable of said County, or other person appointed by the Justice of the Peace for that purpose : Pro¬ vided', that nothing herein contained shall prevent any slave or slaves, rrovpo— from selling poultry at any time without a ticket, in the Counties counties ex- of Liberty, Mcintosh, Camden, Glynn, and Wayne. cepted. [All the rest of this Act is repealed by the Penal Code.] An Act supplementary to, and more effectually to enforce an Act, entitled [For the title, see Act of 1801, sec. 46.]—-Approved Dec. 19, 1818. Vol. III. 811. Whereas, the priuciples of sound policy, considered in reference * Former Act superseded, Vol. III. 803. +The same specified in Penal Code, XIII. Division, see. 275. This section re-enact¬ ed by Vet of 182-1 and amended, see sec. 05. 990 SLAVES, PATROLS, &C—1818. Manumission—Free persons of color excluded from the State. to the free citizens of this State, and the exercise of humanity to¬ wards the slave population within the same, imperiously require that the number of free persons of color within this State should not be increased by manumission, or by the admission of such persons from other States to reside therein; and whereas, divers persons of color, who are slaves by the laws of this State, having never been manumitted in conformity to the same, are nevertheless in the full exercise and enjoyment of all the rights and privileges of free persons of color, without being subject to the duties and obligations incident to such persons, thereby constituting a class of people, equally dan¬ gerous to the safety of the free citizens of this State, and destructive of the comfort and happiness of the slave population thereof, which it is the duty of this Legislature by all just and lawful means to sup¬ press : | Act of 1801 74. Sec. I. Beit therefore enacted, fyc. That the Act hereinjoe- ed. ®en °rc" fore referred to, shall be strictly enforced, but the penalties theipin prescribed, except where the same shall be otherwise provided for creaseTto'11 by this Act, shall be increased to five hundred dollars, for each and 500 dollars. every offence inhibited by the said Act, and shall, together with such Proceeds of Penalties as are prescribed by this Act, and the proceeds of all sa|es sales and directed hereby, after deducting costs, be appropriated, one-halflto how appro- the use of the person suing or prosecuting for the same, and the otli- pn&ted, er t0 use 0f 0ounty in which the offence is committed, Except in except in the City of Savannah, where the half of such penalties Savannah. hereby appropriated to the use of the County, shall be appropriate and paid over to the use of that corporation. j: construction 75. Sec. II. The third section of the said Act, hereinbefore re- i8oi,easCto° ferred to, shall be construed to extend to inhibit the recording only recording. 0£ g0 muc]1 0f any instrument (as is therein described) as shall relate to the manumitting or setting free of any slave or slaves. p no free per 76. Sec. Ill, From and after the passing of this Act, it shall (except sea-' not be lawful for any free person of color, (Indians in amity with they into" State, and regularly articled seamen or apprentices, arriving in anjn this state, on ship or vessel excepted,) to come into this State ; and each and every dollar/or'to person or persons offending herein, shall be liable to be arrested by sfave/ as a warrant, under the hand and seal of any Magistrate in this State, and being thereof convicted in the manner hereinafter pointed out, shall be liable to a penalty not exceeding one hundred dollars, and upon failure to pay the same within the time prescribed in the sen¬ tence awarded against such person or persons, he, she, or they shall be liable to be sold by public outcry, as a slave or slaves* in such manner as may be prescribed by the Court awarding such sentence, and the proceeds of such sales shall be appropriated in the manner provided for in the appropriation of penalties recovered under this Prosecution Act : Provided, that any person or persons who shall have been con- peated every victed under this section, and shall have complied with the sentence 20days. awarded against him, her or them, by payment of the penalty or pen¬ alties, shall be liable to a new prosecution, and to all the pains and penalties herein prescribed, as often as he, she, or they shall be found ♦But Bee Act of 1824, sec. 94. I SLAVES, PATROLS, &c.—1818. 991 Deeds, &c. of manumission void—Penalty for attempt—Annual registry of free persons of color. within the limits of this State, after the expiration of twenty days from the time of his, her, or their discharge from such previous pros¬ ecution :* And provided moreover, that any articled seaman or ap- a seaman prentice as aforesaid, who may be found within the limits of this State, after the expiration of twenty days from the departure of the ship or vessel in which he may have arrived, or after his discharge partus of from such ship or vessel, shall be liable to all the pains and penalties h,a V88seL of this Act.f 77. Sec. IV. All and every will and testament, deed, whether by ah wins and way of trust or otherwise, contract, agreement, or stipulation, or oth- manumis- er instrument in writing, or by parol, made and executed for the pur-810n'V0ld' pose of effecting or endeavoring to effect the manumission of any slave or slaves, either directly by conferring or attempting to confer free¬ dom on such slave or slaves, indirectly or virtually, by allowing and securing, or attempting to allow and secure to such slave or slaves, the right or privilege of working for his, her, or themselves, free from the control of the master or owner of such slave or slaves, or of enjoying the profits of his, her, or their labor or skill, shall be, and the same are hereby declared to be utterly null and void j1 and ah persons the person or persons so making or executing any such deed, con- tract, agreement, stipulation, or other instrument in writing, or by parol, and all and every person or persons concerned in giving or at- ex~ tempting to give effect thereto, whether by accepting the trust there- 1,000 dollars, by created or attempted to be created, or in any other way or man¬ ner whatsoever, shall be severally liable to a penalty not exceeding one thousand dollars, to be recovered in the manner hereinafter point- and the ed out; and each and every slave or slaves, in whose behalf such tempte^to will or testamenf, deed, contract, agreement or stipulation, or other suatbesoiul I instrument in writing, or by parol, shall have been made, shall be li- j able to be arrested by warrant under the hand and seal of any Mag¬ istrate of this State, and being thereof convicted in the manner hereinafter prescribed, shall be liable to be sold as a slave or slaves, by public outcry, and the proceeds of such sales shall be appropriated in the manner prescribed by the first section of this Act. 78. Sec. Y. All and every free jperson or persons of color, resid-ah free per- ing or being within this State, at the time of the passing of this Act, S°beCai-r and continuing or being therein on the first day of March next,J ex- ceptas hereinbefore excepted, shall, on or before that day, and an- °rf *See also Act of 1835, sec. 148. JScesec. 86. +The constitutionality of this Act defended. Resolutions of 1842. Pam. 181. [1,] A deed requiring the grantee to pay "eachof the slaves (conveyed) two dollars per month during their natural lives," is not void under this Act. 4 Ga. Rep. 76. A will requiring the executors to remove certain negroes without the State, for the purpose of manumission, is not void under this Act. 4 Ga. Rep. 443. A will prescribing that certain negroes "should be made to live comfortable under the superintendence of A and B, into whose care, and under whose protection I do hereby give and place them, in view of their being treated with humanity and justice, subject to the laws made and provided in such cases," held to be void. 6 Ga. Rep. 540. parol testimony is admissible to show that a will is in conflict with this Act. Ib. 992 SLAYES, PATROLS, &c.~1818. Registry—Free persons of color not complying. finally 011 or before the first Monday in March* in each and every succeeding year, which they shall continue within the limits of this State, make application to the Clerk of the Inferior Court of the County in which they reside, and it shall be the duty of said Clerk to make a registry of such free person and persons ofcoloi^ in a book by him to be kept for that purpose, particularly describing therein the names, ages, places of nativity and residence, time of coming into this State and occupation or pursuit of such free person or persons of color; and such Clerk shall be entitled to demand and receive fifty cents for each and every person or persons so registered as aforesaid, and for granting a certificate thereof, which he shall in like manner be bound • to do, on or before "the first Monday in May thereafter, if no person And ad- shall appear to gainsay the same; and to the intent that all persons vertised. concerned or interested therein, may have due notice thereof, it shall be the duty of such Clerk forthwith, after the said first Monday in March in each and every year, to cause to be published in one or more of the public gazettes of the County, or in Counties where there are no gazettes, in some one or more of the gazettes of the State, a list qf such free persons of color, applying for registry, with notice that certificates will be granted to such applicants, if 110 objections are Objections, made thereto, 011 or before the second Monday in April thereafter; how died, an(j anj e v er y person desirous of objecting thereto, shall file And acted such his objections in the office of such Clerk within the time speci- on' fied in such notice, which proceedings shall be by the said Clerk notified to the Justices of the Inferior Court of such County, and shall be tried and determined in the manner hereinafter pointed out; Certificates, and the said Clerk shall grant or withhold such certificate, according Provho—ex to the determination thereof: Provided, that the. expense of such pubifcatLn. publication shall be defrayed out of the County funds, where the moiety of the several penalties prescribed by this Act, is appropria- . ted to the County, and out of the funds of the City of Savannah where such moiety is appropriated to the corporation of said City. [But see 86.J Aii persons 79. Sec. YI. All and every person of color (Indians in amity comph'inT with this State, or regularly articled seamen or apprentices arriving with this act jn any sp;p 0r vessel excepted) who shall, after the first Monday in May next, be found within the limits of this State, whose names shall not be enrolled in the book of registry, described in the prece¬ ding section, or having been enrolled, who shall have been refused certificates in the manner therein prescribed, and who shall be work¬ ing at large, enjoying the profits of his or her labor, and not in the employment of a master or owner, or of some white person, by and in virtue of an actual and bona fide contract, with the master or owner of such person of color, securing to such master or owner the profits arising from the labor of such person of color, shall be deemed, held, and taken to be slaves, and may be arrested by warrant under the hand of any Magistrate of this State, and such proceedings being had as are hereinafter provided, shall be sold by public outcry as may be ar¬ rested and bjI i as slaves. ♦See sec. 86. SLAVES, PATROLS, &c.—1818. 993 Free persons of color liable to do public work—Shall not hold slaves. slaves,* and the proceeds of such sales shall be appropriated in the manner specified in the first section of this Act. [See 86.] 80. Sec. VII. All registered free persons of color, between the Free persons ages of fifteen and sixty years, shall be liable to do public work in b[eCw°lia the Counties or corporate Towns in which they may reside, under public ww4" such regulations and on pain of such penalties for non-compliance as the Justices of the Inferior Courts of the several Counties, and the Mayor and Aldermen, or Intendant and Wardens, or commissioners of such corporate Towns shall prescribe ; and it shall be the duty of such Justices of the Inferior Court, and of such Mayor and Alder¬ man, Intendant and Wardens, or Commissioners, to cail out such free persons of color, and employ them in public work within their res¬ pective jurisdictions for a term not exceeding twenty days in one year. 81. Sec. VIII. No free person of color within this State, (In- Jbeaycsh?" dians in amity with this State excepted,) shall be permitted to pur- the title or chase or acquire any real estate,! or any slave or slaves, either by a slaves,any direct conveyance to such free person of color of the legal title of such real estate, or slave or slaves, or by a conveyance to any white person or persons of such legal title, reserving to such free person of color the beneficial interest therein, by any trust, either written or parol, by any will, testament, or deed, or by any contract, agreement, or stipulation, either written or parol, and securing, or attempting to secure to such free person of color, the legal title or equitable or ben¬ eficial interest therein, but all and singular such real estate, and rut such • each and every such slave or slaves shall be deemed and held to be b^forfeite" wholly forfeited,! and the escheators in the several Counties in this State shall be, and they are hereby required to proceed against such property in the manner pointed out by the several Acts to regulate escheats in this State ; and the proceeds of such forfeited property And how shall after deducting ten per centum on the gross amount thereof, aPPhed- which shall be paid to the person giving information of the same to the escheator, or to the escheator himself, if he shall discover the same, and the costs of the inquisition be appropriated one-half to the use of the County, except in the County of Chatham, in which such moiety shall be paid to the corporation of the City of Savannah, and the other moiety shall be paid into the treasury of the State; and all and every person or persons who shall be concerned in cover¬ ing or protecting such property, so as to secure or attempt to secure the legal or equitable title therein to such free person or persons of color, contrary to the true intent and meaning of this Act, shall be liable to a penalty not exceeding one thousand dollars, which shall Moo It shall be the duty of all Courts and Judges before ot this aet. ,,111-, , whom any proceedings may be had under this Act, so to construe the several provisions thereof as to carry the same into full and complete General operation, according to the true spirit, intent, and meaning thereof, fhe*courts as declared in the preamble of the same ; and all and every such effect'0^Courts and Judges are hereby invested with full power for such pur¬ pose, and are authorized and required to make all necessary rules and regulations, and to adopt all needful proceedings not herein specially provided, according to the usual course of justice, which may be at any time required, for the purposes aforesaid. warrants, 84. Sec. XI. All warrants issued by any Magistrate under this !TInd acted Act, against any person of color, whether free or slave, shall be returned by the officer executing the same, to the Justices of the In¬ ferior Court of the County, in which the same may be issued; and the said Justices, or a majority of them, shall proceed immediately to hear and determine thereon, making such record of their pro¬ ceedings as is hereinbefore provided. Act of the 19th Dec. 1818. Vol. III. 817. Whereas, numbers of African slaves have been illegally introduc- SLAVES, PATROLS, &c.—1818-'21. 995 Property conveyed to free persons of color—Registry—Capital offences. ed into the State, in direct violation of the laws of the United States and of this State : 85. Sec. I. Be it therefore enacted, 6pc. That for the encourage-persons" sei- ment of those who have used, or shall use, their efforts to suppress cans ukgaiy this traffic, by informing against, and seizing the slaves so imported, they shall, on final condemnation of the same, as forfeited to the one-tenth of State, receive one-tenth of the amount of the net proceeds of the eamounfc sales of the same : Provided, nothing herein contained shall be so construed as to extend farther back than the year 1817. An Act to amend the Act of 1818. [Sec. 74.]—Approved Dec. 22, IS 19. Vol. III. 820. 86. Sec. I. All free persons of color contemplated in the above- Free pergon# recited Act, who failed to complv with the provisions therein con- of color ai- it ^ j. lowed until tained, shall be, and they are hereby declared to be exonerated, re- ist Monday leased, and discharged from all pains or forfeitures to which they iegrster their were thereby subjected :* Provided, they do on or before the first names' Monday in July next, and annually thereafter on the first Monday in July, comply with the provisions contained in said Act: Provided, that this Act shall not extend to any case where there has been an actual forfeiture and sale. 87. Sec. II. All property held by any free persons of color, at Property the time of the -passing of the above-recited Act, shall not be deemed t0 or considered as forfeited; but that the same shall remain in the forfeited, owner or in his or her descendants after his or her death. i 88. Sec. III. The eighth section of the Act aforesaid be, and the amendment same is hereby repealed so far as relates to real estate, except in estate.691 the Cities of Savannah, Augusta, and Darien. 89. Sec. IV. The above recited Act shall not extend to and op- minors erate upon free persons of color who are minors, and bound out ac- excepted ' cording to law.\ [See sec. 173.] oTiai^6 *ct An Act to alter and amend the several laws Jor the trial of slaves and free persons of color hi this State.—Approved Dec. 24,1821. Vol. IV. 409. 90. Sec. I. From and after the passing of thisAct the following what crimes shall be considered as capital offences, when committed by a slave committed or free person of color : Insurrection, or an attempt to excite it ; com- of CoiPor?°a mitting a rape, or attempting it on a free white female ; murder of a free white person, or murder of a slave or free person of color, or poisoning of a human being : every and each of these offences shall, on ^"t]]s^tll conviction, be punished with death. And the following also shall The foiiow- be considered as capital offences, when committed by a slave or s"femd°aCsa" capital of¬ fences. . *See sees, 144, 174. (1.) Administration may be taken out upon their estates. 6 Ga. Hep, 92. 996 SLAYES, PATROLS, &c.—1821-'24. White man on plantation—Females not patrols—No sale of free negroes. free person of color : assaulting a free white person with intent to murder, or with a weapon likely to produce death ; maiming a free white person ; burglary, or arson of any description ; also, any at¬ tempt to poison a human being : every and each of these offences shall, on conviction be punished with death, or such other punish¬ ment as the Court in their judgment shall think most proportionate to the offence, and best promote the object of the law, and operate as a preventive for like offences in future.* ^oTcourL6" ^EC" Whenever a slave or free person of color is brought before the Inferior Courtf to be tried for an offence deemed capital, it shall be the duty of said Court to pass such sentence as may be pointed out by law for the offence of which such slave or free Punishment person of color may be guilty ; and in case of a verdict of manslaugh- riaughter. ter shall be found by the Jury, the punishment shall be by whipping, at the discretion of the Court, and branded on the cheek with the letter M. Sec. III. [Repeals all conflicting laws.] An Act to alter and amend an Act for the ordering and governing of slaves within this State, passed the 10th day of May, 1770.—Ap¬ proved Dec. 20, 1823.' Yol. IY. 409. The 43d sec- The forty-third section of the said Act, passed the 10th day of tion repealed May, I770, for the ordering and governing of slaves within this State, be and the same is hereby repealed. a white 92. Sec. II. From and after the passage of this Act, every own- ^antaLTclfer or owners who may keep on any plantation the number of ten blacks.m°re s^aves or more, over the age of sixteen, shall be compelled to keep a white man capable of bearing arms, as an overseer, manager, or su¬ perintendent, on said plantation, under the penalty contained in the said forty-third section so repealed. An Act to discharge females from the performance of patrol duty.—« Approved Dec. 24, 1824. Yol. IY. 410. Nofem&io 93. After the date of this Act no female in this State shall be uoiduty?a* subject to the performance of patrol duty. An Act to repeal all laws and parts of laws which authorize the selling into slavery of free persons of color.—Approved Dec. 20, 1824. Yol. IY. 411. scii'fnTo10 94 Sec. I. All laws and parts of laws which authorize the sell- siavery free ing of free persons of color into slavery be, and the same are hereby persons of .-, eoior repeal- repealed. ed. *See also Act of 1829, sees. 115, 116. fSuperior Court, by Act of 1850 see sec. 179. SLAVES, PATROLS, &c.—1824-'26. 997 Purchases by slaves—Registry—Duties of Captains of vessels. An Act to amend the law prohibiting slaves from selling certain ar¬ ticles without license.—Approved Dec. 20, 1824. Vol. IV. 411. 95. Sec. I. If any slave shall sell or purchase without a ticket slaves not to ..... J , . r , f. purchase or authorizing him so to do, any quantity or amount whatever oi cot- sen a >y (ex- ton, tobacco, wheat, rye, oats, corn, rice or poultry, or any other ar- articles tic!es, except such as are known to be usually manufactured or m!Lhout per" vended by slaves—they shall suffer the pains provided by an Act passed 19th Dec. 1818, [reciting the title, sec. 74.] An Act to amend an Act, entitled an Act supplementary to an Act more effectually to enforce an Act, entitled an Act prescribing the mode of manumitting slaves in this State ; and also to prevent the inveigling and illegal carrying out of the State persons of color. —Approved Dec. 26, 1826. Vol. IV. 411. Sec. I. [Re-enacted with amendments, by first section of the Act of 1835. Sec. 144.] 96. Sec. II. Previous to the granting of certificates of registry Ten dayg of freedom, it shall be the duty of the Clerks of the Superior and In-notlce' ferior Courts of the several Counties of this State to give ten days' notice in one of the public gazettes, or in some other public manner, of the name of the applicant or applicants, his age, &c., and of his, or her, or their guardian or guardians. 97. Sec. III. Such certificate of registry of freedom, when is-certificate to sued as aforesaid, shall contain an accurate description of the person, scnptlon, &o age, or occupation, and residence of such person of color, and that the Clerk so issuing the same shall be entitled to have and receive from the guardian of such person of color the sum of five dollars; and should any free negro or person of color transfer his or her certificate transferring of registry of freedom obtained as aforesaid to any slave, or free ne-certlficate* gro or other person of color, such free negro or person of color so of¬ fending shall be punished by such fine, imprisonment, and otier cor¬ poral punishment as any Court competent to try slaves and free per¬ sons of color may in its discretion think proper to inflict. 98. Sec. IV. If any captain of a vessel, mariner, or other person Any captain or persons shall transport, entice, carry away, or inveigle, or shall ^ otherSpei- attempt to transport, entice, carry away, or inveigle, or shall aid, abet, or in anywise assist or be instrumental in the transportation, remov-l>cing, or 1 ,• • • • t • ■ ■ . c carrying, See.. al, enticing, inveigling, or going, running, or carrying away out ofoutoftfie the State of Georgia, of any free person of color or any other person person"? of color, claiming or pretending to claim to be free, who shall not o^^1* have such genuine certificate of registry of freedom duly issued to him or her as aforesaid, such person or persons so offending shall be registry, iia- liable to be indicted as for a misdemeanor, and shall be punished by $5M°foraeaeh imprisonment in the common jail of the County, at the discretion ofoffence- the Court; and such person or persons, and each and every one of them, shall also forfeit and pay the sum of $500 for each offence so committed, to be sued for or prosecuted by action of debt as on the case in the name of the State in any Court having competent ju- 998 SLAVES, PATROLS, &c 1826-'27. Colored seamen—Vessels containing free persons of color. risdiction thereof, at any time within five years after the commission of the offence, one-half of which forfeiture when recovered shall be for the use of the State, and the other half to the use of the inform- Dutyotthe er; and it shall [be] the duty of the Attorney General, or Solicitor soUdtory °r General, who shall be assigned or appointed to prosecute the pleas of reutlenl* ^tate *u t^ie County where the said action is cognizable, to sue thereto. and prosecute for said sum whenever he shall be informed of any such offence ; Provided nevertheless, that it shall and may be lawful for any such person to sue and prosecute for said sum, if such At¬ torney or Solicitor General shall not have previously sued or prose¬ cuted therefor. no colored 99. Sec. V. No colored seaman arriving from any port what- lowedlo" ever (except from ports in South Carolina) shall be suffered to leave vesllun the vessel in which they have arrived, in any port in this State from I^vedth<9y the hours of six o'clock in the evening until five o'clock in the suc- ^inilours cee(^ng morning ; and it shall be the duty of every captain of a ves¬ sel having such seamen as aforesaid on board, to report to the Chief Magistrate of the City or Town where the vessel is, a particular de- The duty of scription of the seamen and their names ; and the said captain shall andhi^obii- give bond with two securities in the sum of $100 for each seaman gutions, aforesaid, payable to the Chief Magistrate of the City or Town where the vessel is, conditioned for the maintenance of each seaman, for the retaining each on board his said vessel, as is above required, and for the taking, removing, and carrying away each of said seamen when the vessel departs, whether by the articles entered into, the said port of this State be a port of discharge or not. Captains vi- 100. Sec. VI. If the said Captain shall violate or omit to perform bond"gHabie any of the provisions or conditions of said bond so entered into, it to be sued, spap pe tpe puty 0f tpe aforesaid Chief Magistrate to direct the So¬ licitor General of the Circuit Court, or Recorder of the City in which the vessel is, or employ any Solicitor or attorney to sue the same in any Court having competent jurisdiction ; and the amount recov¬ ered on said bond shall be paid into the Treasury of such Town or City.* Sec. VII. [General repealing clause.] An Act more effectually to enforce the provisions of the Statute of 1826, [last Act,] so far as the same regards the arrival of persons of color in the several ports and waters of this State.—Approved Dec. 26, 1827. Vol. IV. 412. on the amv- 101- Whenever any vessel shall arrive in any of the ports or wa- vesselTh# *ers ^his State, it shall be the duty of the master or captain there- "orftheco? °^*t0 rePa-irJ within twenty-four hours after the arrival aforesaid, to ored persons the nearest City or Town, and make a report to the Mayor, Intend- jlve0bond*.nd ant, or other Chief Magistrate thereof, of any colored persons on board of his said vessel, and give bond agreeably to the provisions ♦Farther provisions in relation to captains, &c. of vessels, by Act of 1841, see sec. 162, &c. See also Acts of 1827 and 1829, sees. 101, 105. SLAVES, PATROLS, yj Each offence under this Act, may be prosecuted quitam ac- .... ; ' r non. by indictment in the Superior Court of the County in which the same shall have been committed, and the penalties shall be recover¬ able by quitam action in the Superior or Inferior Court, one-half to the use of the informer, and the other to the use of the County Academy. fir0e"Dnsrry ®EC- From and after the passage of this Act, it shall not be lawful for any free person of color in this State, to own, use, or carry fire-arms of any description whatever, hwellftobe 137. Sec. VIII. Upon information given upon oath, to any Jus- arrested and tiCe of the Peace of any County in this State, of any free person of color, owning, using, or carrying fire-arms as aforesaid, it shall be his duty to issue his warrant for the arrest of said free person of color to answer said charge bfcfore himself, or any other Justice of the Peace in the County where said offence may be committed, and up¬ on sufficient proof thereof, it shall be the duty of said Justice, to or¬ der and adjudge, that the free person of color, so detected in owning, using, or carrying fire-arms, shall receive upon his bare back, thirty- nine lashes, and that the fire-arms so found in the possession of said free person of color, shall be exposed to public sale, after giving fif¬ teen days' notice of the time and place thereof at three of the most public places in the district, and the money arising from the sale of said arms, shall be appropriated by said Justice of the Peace, to the payment of the cost, which may accrue in said prosecution, and the overplus, if any there be, to be delivered by said Justice to the in¬ former against the offender. Sec. IX. [Limits the first and second sections to Chatham County.] Sec. X. [The common repealing clause.] whipped, *nd the arms sold. SLAVES, PATROLS, &c.—1835. 1007 Suits for freedom—Trial—Appeal—Discharge. An Act more effectually to protect free persons of color, and topmnt out the mode of trying the right of freedom.—Approved Dec. 26th, 1835. Pam. 101. 138. Whereas, free persons of color are liable to be taken and held fraudulently and illegally in a state of slavery, by wicked white men, and to be secretly removed whenever an effort may be made to redress their grievances, so that due inquiry cannot be had into the circumstances of their detention and their right to freedom ; for rem¬ edy whereof— Sec. I. Beit enacted, &fc. That it shall and may be lawful for remedy for any Justice of the Inferior Court of any County of this State, upon sons wrong- the complaint of any free person of color, that he, she, or they are ^'vyer^®ld in fraudulently and illegally held in slavery, to make due inquiry into all the circumstances of the case ; and if, upon such examination, the Justice shall be satisfied that there is probable ground to believe that such complainant or complainants are improperly and illegally held in a state of slavery, it. shall be his duty to order such person or per¬ sons into the custody of the Sheriff of the County, until the pretended owner or owners shall enter into bonds with good security for double the value of such person or persons of color, not to remove or attempt to remove such free persons of color from the County where this examination is held, before the cause is finally adjudicated, whereupon it shall be the duty of the Sheriff to deliver such persons of color to such pretended owner; but if the persons claiming to be the owners or proprietors of such person or persons of color fail or refuse to give bond and security as aforesaid, the Sheriff shall retain him, her or them in his possession.* 139. Sec. II. It shall be the duty of the Justice of the Inferior the case to Court, before whom the examination is had, to reduce the statement the first terni to writing, and to return the same to the Clerk of the Inferior Court of court!"01 the County, who shall docket the case, stating the names of the parties, &c., which shall stand for trial the first Court after the same is dock¬ eted, unless either party for want of evidence or other sufficient cause, should move to continue the cause, which may be done for one term and [no] longer. 140. Sec. III. The Inferior Court shall cause the parties to appeal to make up an issue involving the complainant's right to freedom, which court!penot shall be submitted to a Jury, as in other cases; but either party be¬ ing dissatisfied with the verdict, shall be permitted to appeal to the Superior Court, without giving bond and security, as in other cases. 141. Sec. IV. Should the complainant, upon the final trial of if found free, the case, succeed in obtaining a verdict in his favor, the Court shall atiiberty?1 order such person of color to be set at liberty, and a guardian to be appointed, as is now regulated by law. An Act to amend the twenty-ninth section of an Act entitled an Act for ordering and governing Slaves within this Province, aud for •Amended bv Act of 1837. sec. 155, 1008 SLAVES, PATROLS, &c.—1835. Free persons of color harboring slaves—Registry—All others to depart. establishing a jurisdiction for the trial of offences committed by such Slaves and other persons therein mentioned, and prevent the inveigling and carrying away slaves from their masters, owners or'employers, passed 10th May, 1770.—Approved Dec. 26, 1835. Pam. 264. 142. Whereas, the twenty-ninth' section of said Act does not make it penal with free persons of color to harbor, conceal or enter¬ tain any slave, who may be a runaway, but merely inflicts a fine on such free persons of color : for remedy whereof, Free colored Sec. I. Beit enacted, That from and after the passage of this fahabU)3 as Act, all free persons of color within this State who shall harbor, con- hsrbodng. ceal or entertain a slave or slaves, who shall be charged or accused of any criminal matter, or shall be a runaway, shall, upon conviction (in addition to the penalty already provided for in said section,) tbe subject to the same punishment as slaves are under said section of the above recited Act. ma.nSsoarch 143. Sec. II. Any lawful Constable having reason to suspect oa su-pision. that runaway slaves, or such negroes who may be charged or accus¬ ed of any criminal offence, are harbored, concealed or entertained in the house or houses of such slaves or free persons of color, they or any of them are authorized to enter such house or houses, andmake search for the said runaway or runaways, or accused criminal or criminals. Sec. III. [Repeals all laws that conflict with this Act.] An Act to amend the several laws now in force in relation to Slaves and freepersons of color.—Approved Dec. 26, 1835. Pam. 265. 00Tcierks Sec. I. Be it enacted, That from and after the passage of may register this Act, it shall not be lawful for the Clerk of any County in this dfictte3Cof State to register as free persons of color, or to grant a certificate of registry. such registry to any person of color, who shall not establish by proof, to the satisfaction of the Inferior Court of said County, that he or she, applying so to be registered, is bona fide and truly a free person of color, according to and under the laws of this State, or has been registered in this State, or has exercised all the privileges of a free person of color, for five years before the passing of this Act. That it shall be the duty of such Clerk to file in his office the evidence on which he shall grant such application, and that any Clerk violating this law shall be guilty of a high misdemeanor, and on conviction shall be subject to a fine of three hundred dollars, to be paid one- half to the informer, the other half to County purposes. ^"rsrafbut 145. Sec. II. From and after the first day of June next, it shall slaves and not be lawful for any person of color, other than a slave, or a free registered free persons person of color duly admitted to register in manner aforesaid, to re- remaiinia main in this State; and if any free person of color, other than as the state, aforesaid, shall be found in this State after the said first day of June next, he or she shall be arrested and tried, and if convicted of a vio¬ lation of this law, he or she shall pay a fine of $100, and in de- SLAVES, PATROLS, &c.—1828. 1009 Visiting other than adjoining State—Male slaves from non-slaveholding State. fault of such payment, it shall be lawful for the Court to bind them out as laborers until the fine is paid by the hire of such labor, and shall moreover be liable and subject to a repetition of such convic¬ tion, fine and punishment, at the end of thirty days after any such conviction and payment of such fine, until he or she shall actually depart this State, and that it shall be the duty of such [each] and every civil officer of this State to carry into effect this law. 146. Sec. III. From and after the passage of this law, it shall Registered not. be lawful for any free person of color who shall leave this State, moving from other than to go to an adjoining State, again to return to it; and any and every free person of color entitled under the laws of this State ingshaiiiasa . . -i 1 /. . /•!•! f i • n the benefit of to registry, who shall after the passage of this law go out of this State registration, to any place other than to an adjoining State, for a temporary or other purpose, he or she, so leaving this State, shall thereby forever forfeit and lose his or her rights to registry as aforesaid, and all rights to reside in this State, and if thereafter found in this State, he or she shall be dealt with and subject to the pains and penalties describ¬ ed in the second section of this Act. 147. Sec. IV. When any person of color charged with a viola- persens. tion of this Act, shall be claimed by any individual as a slave, such own such claimant, or his or her agent shall depose on oath, that such person son* shaPuT~ of color is in law the slave of such claimant, and not nominally t^cTaimia held as such, or in violation or evasion of the fourth section of the bona fide. Act of 1818, or other laws of this State, and in default of such oath, such person of color shall be deemed and adjudged liable to the pains and penalties described in the second section of this Act. 148. Sec. V. From and after the passage of this Act, it shall not no male be lawful for any male slave who shall after the passage of this Act, ^brought have been in any State usually known as a non-slave-holding State, [[^boming or in any foreign country, to come or be brought into this State by state- his owner, or any other person, and any and all male slaves who shall come or be brought into this State after the passage of this Act, in violation thereof, shall on conviction thereof be forfeited and siave forfeit- sold as a slave, and the net proceeds of such sale shall be paid, one er fined and half to the informer, the other half to county purposes. And theimpnsoneU* person or persons bringing or aiding such male slaves to come into this State, on indictment for misdemeanor and on conviction thereof, shall be fined and imprisoned, or either, at the discretion of the Court. 149. Sec. VI. The Inferior Courts of the several Counties of rnferior this State shall have jurisdiction of the several offences created or havejuru- mentioned by this Act, in all cases in which, by the Constitution ofdiCtIon- the State, jurisdiction may be entertained by them.* 150. Sec. VII. The provisions, prohibitions and penalties of this aborigines, Act shall not extend to any American Indian, free Moor or Lascar ; Himinosex- but the burthen of proof in all cases of arrest of any person of col- copted" or, shall be on such person of color to show him or herself exempt from the operations of this Act.* •See " Judiciary," Art. YI. '• Citizenship," as to tribunal to try the question of cit¬ izenship, sec. 243. 127 1010 SLAVES, PATROLS, &c.—1835-'36. Druggists—Not to mix. drugs. 151. Sec. VIII. The Inferior Courts of the several Counties in this State shall have power and discretion to refuse and deny to any free person of color of bad character the right to register his or her name ; and such free person of color shall then, after such refusal, be deemed and held a free person of color in this State in violation of this law, and be liable and subject to the pains and penalties herein prescribed. An Act to be entitled an Act to 'prohibit the employment of Slaves and F? •ee Persons of Color from compounding or dispensing of medi- cincs in Druggists'' and Apothecaries' stores, and. to compel Drag- gists and Apothecaries to keep arsenic and other dangerous poisons under lock and key, c$*c.—Approved Dec. 26, 1835. Pam. 268. Persons of 152. Sec. I. From and after the first day of January next, any be'empioyeii person or persons having in his, her, or their employment any slave «g°r or free person of color in any apothecary shop or druggist store in urugs, &c. this State, in the apothecary branch of their business, in putting up, compounding or dispensing, purchasing or vending any drug or drugs, medicines of any description, kind or sort whatsoever, shall be guilty of a high misdemeanor, and on conviction thereof in any Court hav¬ ing cognizance of the same, shall be fined the sum of one hundred dollars for the first offence, and for every subsequent offence shall be fined in the sum of five hurtdred dollars, one-half of said fine to go to the informer, and the other half into the County treasury for County purposes. Poisonous 153. Sec. II. Every druggist or apothecary, or any other person 4lrugs' or persons vending any medicines of a poisonous quality, shall not vend the same to any person or persons of color under the penalties aforesaid. rut may be 154. Sec. III. Nothing in this Act shall be so construed as to employed by prevent druggists and apothecaries from employing any negro or free druggists. person 0f Color in that branch of their business which does not re¬ quire them to open their drugs or medicines, or compound or dispense the same, but they may be permitted to employ said persons to per¬ form the laborious part of their work under the immediate direction and control of some white person. An Act repealing a portion of the laws respecting the introduction of Slaves in this State.—Approved Dec. 23, 1836. Pam. 254. [Superseded by Act of 1850, sec. 176.] An Act to amend an Act passed the 26th December, 1835, entitled an Act more effectually to protect free persons of color, and to point out the mode of trying the right of freedom.—Assented to 25th Dec. 1837. Pam. 248. Inferior Courts may deny regis¬ tration. SLAVES, PATROLS,r&c.—1837. 1011 Warrant to arrest persons claiming freedom—Examination—Bonds. Whereas, free persons of color are liable to be taken and held fraudulently and illegally, in a state of slavery, by wicked white men and to be secretly removed whenever an effort may be made to re¬ dress their grievances, so that due enquiry cannot be had into the circumstances of the detention of the same, and their right of free¬ dom, for remedy whereof, 155. Sec. I. Be it enacted. That it shall and may be lawful foron com- any Justice of the Inferior Court of any County of this State, upon the oitlTbyany complaint of any free white person upon oath,showing that he has good snn'juJti'c reason to believe, and does believe, that any person or persons of color cou^/may are free, and are fraudulently andillegally held in slavery, the said oath j.s™te war- to be made in the County where the persons owning such slave may to arrest the reside, to issue his warrant, directed to the Sheriff of said County,or any ing the ne- lawful Constable thereof, requiring the said Sheriff or Constable, as the negro."1 the case may be, to arrest the person or persons so holding such person or persons of color in slavery, as well also the persons of color, and cause the same to be brought before him, that due enquiry into all the cir¬ cumstances of the case may be had, and if upon such examination, the Examina- said Justice shall be satisfied that there is probable ground to believet10"' that such person or persons of color are improperly and illegally held in such a state of slavery, it shall be his duty to require such person or persons so holding and illegally detaining such person or persons of color to enter into bond with two or more good and sufficient securi- Bond, ties, payable to such person giving such information and filing such affidavit as the prochien ami of said persons of color, in a sum of double the amount of the value of said person or persons of color would be if they were slaves, conditioned for the delivery of said person or conditions, persons of color, and a compliance with the final order and decree to be had in such cases, to be instituted agreeable to the provisions of the Act for the freedom of the same, and further conditioned that said person or persons of color shall not be removed beyond the lim- on failure to its of said State; and on their failure to enter into such bond as ne^rotoia aforesaid, it may and shall be lawful for the said Justice aforesaid to personal10 cause the said person or persons of color to be delivered to the per- ^"g)"fn"n son filing the said affidavit, on his giving bond with two or more bond, good and sufficient securities payable to such person or persons hold¬ ing said person or persons of color to the said pretended owner, as also for the payment of the value of their hire and use of the same: Provided, it should appear on the trial of the said suit, that such per¬ son or persons of color were slaves, and not illegally held in slavery, and also further conditioned not to remove or attempt to remove such person or persons of color from the limits of said County and State. 156. Sf.c. II. It shall be the duty of the said Justice of the bond of Inferior Court before whom such complaint shall be made, and pe_2"ocA"nam fore whom such affidavit shall be filed, to require of the party making the same to enter into bond with one or more sufficient securities, in a sum not less than the reasonable value of the person or per¬ sons of color, for whose freedom he, she or they, is or are about to sue, payable to the person or persons charged withholding illegally to pay an such person or persons of color as aforesaid, conditioned to pay all costs?0*and damages that may be sustained by the owner of such person or 1012 SLATES. PATROLS, &c.—1837. Proceedings in Superior Court—Discharge. persons of color in suing out of the same, as also all cost that may accrue thereon in the event it shall appear on the trial of the same, that such person or persons of color are not entitled to their freedom, and are slaves. to^cduced ^EC' ^ t^ie duty of the said Justice, before to writing whom such affidavit is made and such examination is had, to reduce proceedings the same to writing, and return the same, together with all the pro- to'cierk? ceedings had thereon, twenty days before the sitting of the Court, court'°r t0 the Clerk of the Superior Court of the County wherein such ex- Docket. amination was had, who shall docket the case or cases, stating the names of the parties, wherein the party filing said affidavit shall be plaintiff, and the persons charged as holding said person or persons of color illegally shall be defendants, and it shall be the duty of the Petition, prochien ami to file his petition to said Court stating the grounds upon which said negro claims his right to freedom, which shall con¬ tain the facts set forth in the said examination, which said issue shall stand for trial as all other actions or suits at Common Law: Provid• .Amendment ed, that the applicant may assume any new grounds at the time, by giving three months' notice to the adverse party. Trial. 158. Sec. IV. The Superior Court to which any case involving the right to freedom of any person of color shall be returned, shall cause the parties, according to the foregoing provisions of this Act, to make up said issue, and shall be tried by a Jury as at Common Law trials in other cases, but either party being dissatisfied with the ver- Appeai. diet, shall be permitted to enter an appeal by the payment of cost, without giving bond and security as in other cases. iff°undfree 159. Sec. V. Should it appear upon the final trial of the case charged. that the said person or persons of color were free, and entitled to their freedom, it shall be the duty of the said Court to order such person or persons of color 10 be set at liberty, and a guardian or guardians to be appointed as is now regulated by law. Sec. VI. All laws militating against this Act, be and the same are hereby repealed. An Act to amend an Act entitled an Act to establish a tribunal for the trial of Slaves within this State, passed 16th December, 1811; and also to amend an Act entitled an Act jor the trial and pun¬ ishment of Slaves and free persotis of color, passed 19th Decem¬ ber, 1816 ; and also to amend an Act entitled an Act to amend an Act passed on the 16th of December, 1811 ; and also , an Act passed on the 19th of December, 1816, in relation to Slaves and free persons of color—the first Act passed on 22 d ofi December, 1829.—Assented to Dec. 30, 1837. Pam. 250. Sec. I. [Provides for mis-trials in the Inferior Court.] Sec. II. [In cases of certiorari to proceedings of Inferior Court, provides for execution of sentence.] Sec. III. [Provides for a new trial if certiorari is sustained.] Sec. IV. [Provides for talesmen to Juries in Inferior Court. All superseded by Act of 1850, changing the tribunal for trial to the Superior Court.] SLAVES, PATROLS, &c.—1838-'41. 1013 Georgia Infirmary—Written permits. An Act to amend an Act to establish an Infirmary for the relief and protection of aged and afflicted Negroes in the State of Georgia, passed the 24th day of December, 1832.—Assented to Dec. 28, 1838. Pam. 114. Whereas, in and by the said Act, no provision is made for the purpose of supplying and tilling vacancies which may occur in the said corporation, by the death, resignation or removal of its mem¬ bers ; And whereas several vacancies in said board do now exist, and others which have occurred have been filled by the existing members, who entertain doubts of their authority to do so under their present charter. 160. Sec. I. Be it enacted, That the said incorporated body, majority or a majority of them, shall have full power, from time to time, to ^fcies'in1" fill all vacancies which have occurred, or may occur in the said in- own corporated body, by the death, resignation, removal or otherwise, of any of its members; and that all appointments or elections already made by the said corporation, to supply vacancies heretofore existing, be and the same are hereby confirmed and made valid and good, from the time of such appointments or elections, respectively. Sec. II. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to amend the Patrol Laws of this State.—Assented to Dec. 21, 1839. Pam. 185. Whereas, doubts exist in regard to the legal permits granted slaves and free persons of color. Therefore— 161. Sec. I. Be it enacted, That from and after the passage of Permit* this Act, it shall be the duty of every owner, overseer, trustee, guar-the time ot dian, or other person or persons having control of any slave or slaves m^pi^ce to or free persons of color, in granting or giving written permits to the b9 vlB,ted- same, to set forth the time allowed for their absence, and distinctly designate the place or places where such slaves or free persons of color desire to visit.1 Sec. II. All laws and parts of laws militating against this Act, be, and hereby repealed. An Act the better to secure and protect the Citizens of Georgia in . the possession of their Slaves.*—Assented to Dec. 11, 1841. Pam. 127. Whereas, much injury has resulted to the people of Georgia in consequence of the abduction and unauthorized transportation of their slaves, by vessels sailing to ports without the limits of Georgia; and whereas, it is the duty of the General .Assembly to guard against ♦Savannah exempted from the operation of this Act, 1812. Pam. 166. (1.) No other permit legal. 8 Ga. 157s 1014 SLAVES, PATROLS, &c.—1841. Bonds by agents and owners, &c. of vessels—Form. such injury in the most peaceable and constitutional manner; for remedy whereof— ah persons 162. Sec. I. Be it enacted, That from and after the first day chartering of January, eighteen hundred and forty-two, it shall be the duty of --iTin" from persons owning, chartering or acting as agents of any vessel or ^rfdasfhey vesse^s trading or sailing from any of the ports within the limits of depart shan Georgia, to any other port or ports not within the limits of Georgia, give a o ^ve kon(^ an(j securj|;y t0 the Justices of the Inferior Court of the Counties in which such ports may be, as often as, and whenever such vessel or vessels may depart from said ports, for the faithful observance, on the part of the captains, supercargoes and crews of such vessel or vessels, of the right of property claimed and exercised by the citizens of Georgia over their slaves, and to insure and to indemnify indemnify said citizens from any and all losses incurred in conse- frorn loss by quence of the abduction or escape of their slave or slaves by such siavet°f vessel or vessels, which security shall (to be given aforesaid) shall be residents within the State of Georgia. Regular 163. Sec. II. Whenever any ship or other vessel shall ply as a give a'bond packet or regular trader from any port within the limits of Georgia annually. to any p0rt without said limits, then and in that case it shall be lawful for the owner, charterer or agent, as the case may be, to give bond and security once annually, instead of giving such bond at each and every departure of said ship or other vessel, inferior 164. Sec. Ill, It shall and may be lawful for, and it is hereby er'weth™' declared to be the duty of said Justices of the Inferior Courts, acting bond. by themselves or a majority of them, or by and through the Clerk of the Inferior Court of said Counties, to require and receive from the owner or owners, charterer or charterers, agent or agents of such vessel or vessels, a bond, with good and sufficient security, in the sum of one thousand dollars, for the purpose above herein expressed, and which said bond shall be taken in the form following, said Jus¬ tices or their Clerks filling up the blanks with the names of the parties, their vessels, &c. Form. Georgia, ) Know all men by these presents, that we County, 5 are and firmly bound unto the Justices of the Inferior Court of County, for the time being, and to their successors in office, in the just and full sum of one thousand dollars, for the true payment of which we bind our¬ selves, our heirs, executors and administrators, jointly and severally firmly by these presents, sealed with our seals and dated this day of 18 The condition of the above obligation is this : that whereas the ship (or other vessel, as the case may be) master, now in the port of County of , is about to depart from said port to the port of , in the , and the above bound is owner (or charterer or agent, as the case may be.) Now if the said ship master, shall not or doth not abduct, or take, conceal and carry away, contrary to the laws of Georgia, or be used or employed in concealing and SLAVES, PATROLS, &c.—1841. 1015 Disposition of bond and suit thereon. carrying away, without the limits of Georgia, either knowingly or unknowingly, wilfully or unwilfully, any slave or slaves, the property of a citizen or citizens of the State of Georgia, whenever she departs from or leaves the said port, then the above obligation to be null and void, otherwise to remain and be of full force and effect. In witness whereof we have hereunto set our hands and seals this day and date above written. In presence of f l \ 165. Sec. IV. The bond or obligation so taken and executed ®°a"^j°t0ef shall be and remain in the Clerk's office of the Inferior Court of the fice 4 months. County from which said vessel or vessels may or shall depart, for and during the space of four calendar months ; and in the event that no complaint or information be given within said four months of any probable violation or forfeiture of said bond or obligation, then and in that case said bond or obligation shall be given up to the party And then executing the same, or to his or their securities, to be cancelled and if no com- destroyed. But if on the contrary, complaint and information be oncom- made within said time by any citizen or citizens, setting forth the on loss of his, her or their slave or slaves, in the way herein and be¬ fore alluded to, and which said complaint and information shall be sworn to by the party or parties making the same, stating the name of the vessel and the time when such slave or slaves were supposed to be abducted, concealed or conveyed away out of the State of Georgia, contrary to the laws of said State, and in violation of the rights of property, together with such other probable or certain facts as the party or parties applying may reasonably expect to prove ; then and in that event the Justices of the Inferior Court to whom such bond or obligation was made and executed, or the Clerk of the Court thejaond to^ having the custody of the same, shall deliver said bond or obliga- to the party tion to the party applying, for the purpose of suit being instituted in ^hofsuK. the Superior Court of the County wherein such owner, charterer or agent may reside. Andt it is hereby expressly declared that suit shall be commenced in the name and style of the Justices of the Inferior Court of County, for the use of (nam¬ ing the person who makes complaint) and swears to the loss of his, her or their slave or slaves. 166. Sec. V. In case more than one complaint and information be if more than made, according to the terms and requisitions of the preceding sec- pUm^clpies tion, against the same vessel, and for a violation or forfeiture of the 14> same bond or obligation, [a copy] may and shall be made and certified to be a true copy to each and every applicant, which copy shall be used and be as valid as the original for all purposes involving the action or commencement of the suit at law. 167. Sec. VI. If any owner, charterer or agent of any vessel owner &c. or vessels shall neglect or refuse to comply with the provisions of ^tfcom-11" this Act, as before recited and contemplated, he or they may be pros- ^1^1^ 1016 SLAVES, PATROLS, &c.—1841-'42. Steamboats, &c.—Fugitive slaves—Rewards—Jailer's duty. ecuted before the Superior Court in the County in which he or they shall reside, for a misdemeanor, and on conviction of the same, be sentenced to pay a fine at the discretion of the Court, one-half to the prosecutor, the other half to be paid to the County ; and the said owner, charterer or agent shall be moreover made and held respon- ABd liable sible for the loss of any slave or slaves so absconded, concealed and htdbeen*1 conveyed away out of the State of Georgia by any vessel or ves- gwen. seis chartered or controlled by the owner, charterer or agents thereof, as fully and completely as if such owner, charterer or agents had given bond, and the same had been violated and forfeited in terms of this Act: andthe party or parties injured and complaining is or are hereby authorized to proceed with his action at law upon making the necessary complaint and information, as prescribed in section fourth of this Act, to obtain satisfaction for such loss, steamboats 168. Sec. VII. No part of this Act shall be held to affect steam- siavehoiding boats or small craft or other vessels owned in the slaveholding States, fnciuded? plying between the ports within the limits of the State of Georgia and the ports of the adjoining slaveholding States or the territory of Florida. concealed 169. Sec. VIII. If any vessel or craft shall depart from any port turned'with- of this State, having any slave on board who may be concealed noVorfeituro without the knowledge and consent of the master of said craft or of the bond, vessel, and the said master of said vessel shall return said slave with¬ out unnecessary delay or detention to his or her owner, at the port from whence said vessel sailed, that then and in such case the said bond shall not be forfeited. An Act to provide for the method of collecting rewards which may he offered for the apprehension of runaway slaves, who may hereaf¬ ter he lodged within any of the jails of this State.—Assented to 23d Dec. 1842. Pam. 166. Whereas, in many cases in which rewards are offered for the ap¬ prehension of runaway slaves, and said slaves are lodged in jail, the same are discharged by the Jailer from his custody, without the con¬ sent of the person so apprehending the slave, whereby the reward so offered becomes wholly lost to them ; for remedy whereof, Fugitive l^O. Sec. I. Be it enacted, That from and after the pas- edbyjaii!r"saSe Act, when any runaway slave for whom a reward "ward is ^as been offered by his owner, employer or any other person, shall paid. be apprehended and lodged in any of the jails of this State, it shall be the duty of the Jailer, and he is hereby authorized to retain pos¬ session of said slave until the reward so offered shall be paid, or good security given for the payment of the same. Jailer dis- 171. Sec. II. If any Jailer shall discharge a slave so apprehend-* vrano'rdaf ed, without collecting the reward so offered, or taking good security, party ip.the *n accordance with the foregoing section of this Act, and by such pretending, refusal or neglect, the said Reward shall be lost to the person so ap¬ prehending the said slave, such Jailer and his securities shall be lia¬ ble in an action at common law for the amount so lost, by the refu- SLAVES, PATROLS, &c.—1843-'45. 1017 Failure to register—Penalty—Duty of patrol. sal or neglect of the Jailer to comply with the provisions of this Act : Provided, the individual so apprehending the said runaway slave, shall at the time of lodging said slave in jail, give written notice to the Jailer of the amount of the reward offered, and the name of the person offering the same. Sec. III. All laws and parts of laws militating against this Act be, and the same are hereby repealed. An Act to amend the several laws now in force in relation to free persons of color, and to exonerate and discharge certain free persons of color from all pains, penalties and forfeitures heretofore incurred, and to which they are subject and liable.—Assented to 22d Dec. 1843. Pam. 59. 172. Sec. I. Be it enacted, That all free persons of color who free persons have resided in this State from the first day of June, in the year ing to regis- eighteen hundred and thirty-six, and who have failed to have their names registered in conformity to law, shall be and they are herebylieved declared to be exonerated and discharged from all pains, penalties and forfeitures to which they were thereby subjected ; Provided, that this Act shall not extend to any case where there has been a prosecution and conviction thereon : Provided, that this Act shall ah oyer 14 not operate in favor of any free negro of the age of fourteen years, ist August unless he or she shall on or before the first day of August next, and 1844- once a year in each year thereafter, have his or her name registered in compliance with the Statutes of this State. 173. Sec. II. Free persons of color under the age of fourteen under u years,shall not be subject to the pains and penalties of the laws against ?0°ttapewa- free persons of color, neglecting and omitting to have their namestie8- registered: Provided, that this Act shall not be construed to author¬ ise any free negro under the age of fourteen years, or other age, to come into this State. 174. Sec. III. If any free negro of the age of fourteen years, shall future ne?- hereafter neglect to have his or her name registered agreeable to law, lerhovv08'6 he or she shall not be compelled to depart this State, but shall nev-punishable* ertheless be subject to be arrested, tried, convicted and fined, and be compelled to pay the same agreeable to the provisions of the second section of an Act approved December the twenty-sixth, eighteen hun¬ dred and thirty-five, until he or she shall have caused his or her name to be registered agreeable to the laws of this State. Sec. IV. All laws or parts of laws militating against this Act be, and the same are hereby repealed. An Act to amend the fifth section of an Act for the establishing and reg¬ ulating Patrol, &fc. approved November the eighteenth, seventeen hundred and sixty-five.—Approved Dec. 27, 1845. Pam. 44. 175. Be it enacted, That every patrol shall go to, and examine visits of the,several plantations in their divisions, at such time as the Captain dayTorm 15 shall, in his discretion, see fit, one day or night in fifteen at least. 1018 SLAVES, PATROLS, &c.—18M-'5Q. Importation—Fugitives—Trials by J. P.—In cases capital. An Act to repeal all laws respecting the importation of slaves into this State, and to give certain powers to municipal corporations in re¬ lation to slaves.—Approved Dec. 19, 1849. Pam. 374. Restriction on importa¬ tion abolish- Power of resulating in cities and towns. 176. Sec. I. Be it enacted, That from and after the passage of this Act, all laws or parts of laws, civil and criminal, forbidding or in any manner restricting the importation of slaves into this State from any other slaveholding State of this Union, be and the same are hereby repealed. 177. Sec. II. It shall be lawful for the corporate authorities of any City or Town in this State by ordinance to regulate the sale of slaves by traders within their limits, (except sales at public outcry at the places of public sales fixed by law,) and to prescribe the places within their jurisdiction in which marts for the sale of slaves, and slaves for sale by traders, shall be kept, with authority to enforce such ordinances. Advertise¬ ments of runaways by Jailers. An Act to alter and amend an Act approved Dec. 22c/, 1832, which requires the Jailers of the several Counties of this State to adver¬ tise and publish all runaway slaves in one of the papers of Mill-, edgeville.—Approved Feb. 1st, 1850. Pam. 43. 17S. Sec. I. Be it enacted, That from and after the passage of this Act, the Jailers of the several Counties in this State, shall not be required by law, as heretofore, to publish or advertise any run¬ away slave or slaves, in either or any of the Milledgeville papers ; but in lieu thereof, the said Jailers shall be, and they are hereby re¬ quired, in every instance, to advertise such runaway slave or slaves in such paper or papers as they may direct or think proper ; Provided, one of such papers shall always be the same in which the Sheriff or Coroner of the Jailor's County shall at the time advertise the Sheriff's sales of such County. Sec. II. All laws and parts of laws militating against this Act, be, and the same are hereby repealed. An Act to provide for the trial by the Superior Courts of this Slate of any slave or slaves or free person of color charged ivith any capital offence against the laws oj this State.—Approved Feb. 14, 1850. Pam. 372.1 if the offenc« 179. Sec. I. Be it enacted, That from and after the passage of is capital, whenever it shall appear, after investigation, to the Justices of the Peace before whom any slave or free person of color shall be put upon trial, for any offence against the laws of this State, that the said slave or free person of color has committed a capital of¬ fence, such slave or free person of color shall be immediately com¬ mitted to the jail of the County wherein such offence was committed, if sufficiently secure, and if otherwise to the nearest secure County (1.) This Act declared constitutional, 9 Ga. 270. SLAVES, PATROLS, &c.—1850. 1019 Trial for capital offences. jail, and the Justices before whom such examination shall have taken Duty of jus- place, shall reduce their opinion to writing, and transmit the same1 to- £eace.f gether with the report in writing of the evidence taken before them on such examination, and all other papers appertaining to said charge to the Attorney or Solicitor General, being the prosecuting officer in the Superior Court of said County, on the first day of the next2 term of said Court. 180. Sec. II. Upon receiving the papers in any such case as puty of so- provided in the preceding section, it shall be the duty of such Attor- 11 e"' ney or Solicitor General to frame and send before the Grand Jury a bill of indictment3 against the person or persons so charged, as in cases of free white persons ; and it shall and may be lawful for the Grand Jury in any County of this State, to present to the Superior Presentment Court of such County any capital offence committed by any slave jLy.rdn or free person of color within said County after the passage of this Act: and in any case wherein a slave or free person of color shall have been committed and a return made of the papers to the Attor¬ ney or Solicitor General, as provided in the first section of this Act, if there shall be no prosecutor bound or appearing to prosecute the case, it shall be the duty of the Attorney or Solicitor General to place before the Grand Jury such charge made by such Justices of the Peace, together with all legal testimony sustaining, which may be accessible to him, and said Grand Jury may upon such evi¬ dence in their discretion present such offence to the Court; and all persons who may now be competent witnesses by law upon the witnesses trial of slaves and free persons of color, shall be competent witnesses before the Grand Jury and upon the trial in the Superior Court.* 181. Sec. III. After a bill of indictment found true4 or present-Trial, ment made as herein before provided, the trial shall proceed to rendi¬ tion of verdict in conformity with the provisions of the Penal Code of this State ; and in case of conviction, the Judge of the Superior Court before whom such trial shall have been had, shall pass sen¬ tence in conformity with the laws now in force, imposing penalties Sentence, and providing for the passing of sentence in such cases ;5 and all laws now of force regulating the subject matter of this Act, and not incon- Laws sistent with its provisions nor with the said fourteenth section of the fo«e. Penal Code, shall continue of full force, and that all laws and parts of laws conflicting therewith, be and the same are hereby repealed. An Act to com,pel all persons taking up runaway slaves to deliver them to the Jailer of the County where taken up, and to prohibit saidpersons from detaining in their custody such runaway slave *Sce ante, sees. 22, G6. (1.) Inadmissible in evidence against the accused. Allen vs. the State, 9 Ga. Rep. (2.) May be tried at the same term—Ibid. (3.) See 8 Ga. 173, and 9 Ga. 270, as to incorporating the warrant &c. in the indict¬ ment. (4.) See 9 Ga. Rep. 273. _ (<5.) If found guilty of manslaughter, may pass sentence therefor. 9 Ga. 270. 1020 SLAVES, PATROLS, &c.—1850. Runaways—Delivery by taker up—Fee—Resolutions. or slaves for a longer time than four days; and other purposes therein mentioned.—Approved Feb. 22, 1850. Pam. 373. ivrsonstak- 182. Sec. I. Be it enacted, That from and immediately after wfysPshiua the passage of this Act, it shall be the duty of each and all persons jailer in 4 this Sate taking up any runaway slave or slaves, when the owner days. or owners of the same is or are unknown, to deliver the same to the Jailer of the County where taken up within four days at least next after such taking up : Provided, such slave shall not escape from custody ; and that on failure or refusal so to do, such person or per¬ sons so offending shall be guilty of a high misdemeanor, and upon deuleano™'8 indictment,tr^ and conviction therefor, shall be fined in a sum not exceeding fifty dollars or imprisoned in the common jail of the Coun¬ ty for any time not exceeding three months, or both, at the discretion of the Court; and the person so arresting and delivering to the Jail¬ er of any County any runaway slave or slaves shall be entitled to Fee. five dollars for each slave so delivered up, the same to be paid over to the Jailer by the owner of said slave or slaves, his or her agent, when said slave or slaves are delivered up, the same to be paid over to the person so arresting and delivering up as aforesaid. Sec. II. All laws and parts of laws militating against this Act, be and the same are hereby repealed. [Statutes omitted as obselete, repealed or superseded. Provincial Acts of 1761, Watk. 88; 1765, lb. 119; 1768, lb. 145; 1773, lb. 163 ; 1803, Vol. II. 133 ; 1757, Watk. 50 ; 1760, lb. 66 ; 1763, Vol. I. 596; 1767, lb. 598; 1816, Vol. III. 803.J RESOLUTIONS. Responding to, and disapproving of a resolution from Ohio, on the subject of the ab¬ olition of slavery, Georgia insists on the constitutional guarantee; adverts to the origin of slavery at the South ; regrets the unnecessary interference with the subject by a sis¬ ter State, calculated to excite the hopes of the slave, and impel him to acts that must render hi3 condition worse ; and claiming the right in the Southern States, and in them alone, of moving on this question whenever it shall be practicable. Dec. 7, 1824. [Vol. IV. p. 38 of Res.] A report summing up some of the arguments against Federal constructive powers, and a resolution, "That the Congress of the United States have no constitutional power to appropriate moneys to aid the American Colonization Society, or for objects to effect which that society was established; and that this Legislature, representing the feelings and will of the people, and the sovereignty of the State of Georgia, denying the right, solemnly protest against the exercise or any attempt to exercise such unconstitutional power by the Congress of the United States." [Dec. 27, 1827. lb. 82.] Again denying the right in Congress to aid or support the Colonization Society, and declaring among other things, as to slavery, that this State never can, and never will, so far compromit her interest on a subject of such vital concern to her self-preservation, as to suffer it to be brought into discussion. [Dec. 20, 1828. Ib. 117.] Offering $5,000 for the arrest and conviction of the editors of certain incendiary pai pers. [Pam. of 1831, p. 255.] Report on the abolition question; adverting briefly to the origin, the principles, and the happy fruits thus far, of the Union; and deprecating the imminent danger of its severance, and all the horrors of civil commotion, if the attempts of the aboltitionists are persevered in. They find, however, matter of heartfelt congratulation in "thegen¬ eral and spontaneous expression of feeling which has burst from the patriotism and in¬ telligence of the North, [which] affords the cheering hope that her people are prepared to frown indignantly, upon the first dawning of every attempt to alienate any portion SLAYES, PATROLS, &c.—1835-'50. 1021 Resolutions. of our country from the rest, or to enfeeble the sacred ties which now link together the various parts.'" And among other things j esolving, "That the perpetuity of this glorious Union, which has shed such blessings on us as a people, is only to be insured by a strict adherence to the letter of the Constitution, which has guaranteed to us certain rights, with which we will suffer no power on earth to interfere ; that it is deeply incumbent on the people of the North to crush the traitor¬ ous designs of the abolitionists; and that we look with confidence to such movements on their part as will effectually put an end to the impertinent, fanatical and disloyal in¬ terference with matters settled by the Constitution. " That we hail the sentiments expressed by the resolutions of some of the recent meetings at the North, upon the subject of abolition, as the evidence of the existence of a right spirit among the great mass of our northern brethren, and a determination on their part to'discharge the duties imposed upon them by the Constitution of their coun¬ try and the exigencies of the time." And resolving, " That the District of Columbia and the several Territories of the United States are the common property of the people of these States ; that the right of exclusive legis¬ lation in the former, and the power to make all needful rules and regulations for the government of the latter, which are vested in the Congress of the United States, are de¬ rived from the Constitution, which recognizes and guarantees the rights resulting from domestic slavery; and that any interference by that body with those rights will be un¬ authorized bv, and contrary to, the spirit of that sacred charter of American liberty." [Dec. 22, 1835. Para. 297.] A report in reference to the refusal of the Governor of Maine to deliver up certain persons charged with stealing and carrying away a negro slave from the City of Savan¬ nah, showing the evasion and subterfuge resorted to by the Governor; and deprecating the ultimate result of such conduct if persisted in: The committee, though disposed to recommend a quarantine on all vessels from Maine, viewing abolition "as a moral and political pestilence," recommended a renewal of the demand on the Governor, and in case of refusal by him and the Legislature of Maine to redress the grievance, the Gov¬ ernor of Georgia was required to call a convention " to take into consideration the state of the Commonwealth of Georgia, and to devise the course of her future policy," [Dec. 25, 1837. Pam, 282 to 287.] Another report on the same subject, and resolutions recommending amendments to the laws of the United States, in relation to fugitive slaves. [1839. Pam. 229, 231.] A report condemning the abolition convention assembled in London, and contrasting the condition of their paupers with our slaves. [Dec. 21, 1840. Pam. 211.] A resolution condemning the appointment of Edward Everett as Minister to England, on account of his anti-slavery sentiments. [1841. Pam. 215.] The law prohibiting the emigration of free negroes into Georgia defended, and reso¬ lution that free negroes are not citizens under the Constitution of the United States "and that Georgia will never recognize such citizenship." [1842. Pam. 181, 182.] Resolutions dissenting from the proposition of Masschusetts, to alter the Federal ba¬ sis of representation. [1843. Pam. 186.] Similar resolutions. [1845. Pam. 206-7.] Resolutions in reference to controversy between Massachusetts and South Carolina and Louisiana, commending the course pursued by the latter States. 1845, Pam. 209, 211. An elaborate report upon the continued efforts of the non-slaveholding States to in¬ trench upon and destroy the institution of slavery; and resolving, among other things, that " the Constitution grants no power to Congress to prohibit the introduction of slave¬ ry into any territory belonging to the United States;" "that the Wilmot Proviso is unconstitutional;" " that Congress has no power, directly or indirectly, to interfere with ■ avcry in the District of Columbia;" "that the refusal to deliver up fugitive slaves is plain and palpable violation of the letter of the Constitution, and that Congress should make more ample provision for their recovery through the officers of the Federal Gov¬ ernment." The committee reported also a bill which became a law, providing for a call of a con¬ vention of delegates in certain events therein specified. [1850. Pam. 405, 411.] Africans.—Offering them to the Colonization Society if the pending decision of the Court should be in favor of the State. [Res. of 1820, Vol. IV. p. 5 of Resolutions] Act authorizing the Governor to discharge any judgment that may be obtained against Charles Williamson for taking possession of and selling those Africans, and providing for defence of the suit. [1822. Vol. IV. 310.] Giving the Governor discretionary power as to tjie custody of them. [Dec. 1824, lb. 41.] Withdrawing the claim of the State, and allowing William Bowen to take them into possession on certain terms. [Dec. 1825, lb. 56.] Dispensing with one of the conditions. [Dec. 1826. Ib. 65.] 1022 STATE OFFICERS.—1799. Analysis—Comptroller General's duty. STATE OFFICERS.* Sec. 1. Duty of Comptroller- " 2. Salaries of Officers. " 3. Report unexpended appro. " 4. Over-drafts " 5. Illegal payments. " 6. Account with. Treasurer. " 7. Comp. Annual Report. " 8. Recommend improvements. " 9. Banks to pay drafts. " 10. Suspension of tax collection. " 11. Fi.Jas. for taxes. " 12. Deposit of debts. " 13. Fi.fas. furnished to attorneys. " 14. Fi. fas. vs. defaulters. " 15. Unauthorized drafts. " 16. 20 per ct. vs. Tax Collectors. " 17. And defaulting Sheriff's. " 18. And Atto. or Sol. Gen'l. " 19. Collector not qualified. " 20. Comptroller's salary. " 21.-Rule vs. Sol. Gen. " 22. By whom prosecuted. " 23. Imprisonment of Def. " 24. Salaries of State officers. " 25. No perquisites. " 26. Sol. General's bond. " 27. Annual report. " 28. Comptroller's report. " 29. Auditing of accounts. " 30. Governor's discretion. " 31. State Printer. " 32. Printing in the State. " 33. ITow executed. " 34. Compensation. " 35. Accounts of agents. " 33. Defaulting agents. " 37. Bonds of agents. Sec. 38. Auditing of accounts. " 39. Duty of agents. " 40. Military storekeepers. " 41: Salaries. " 42. Book in Ex. Dept. " 43. Account of funded debts. " 44. Schedule of Bonds. " 45. Book in Compt. office. " 48. Book in Treas. office. " 47. Account of Bank taxes. " 48. Report to Legislature. " 49. [Temporary.] •' 50. Governor's salary. " 51. State House officers. " 52. Judge's salary. " 53. Officers of Cen. Bank and Pen. " 54. Of State Printer. " 55. Officers—term, 2 years. " 56. What to be printed. " 57. Treasurer's estimates. " 58. Report of Treas. and Comp. " 59. Payments into Treasury. " 60. Report as to Bonds. " 61. Account of Chief Engineer. " 62. Undrawn balances. " 63. Paid bonds and coupons. " 64. Div. on Bank stock. " 65. Treas, quarterly reports. " 66. Bonds of State House officers. " 67. Quarterly reports of Treasurer. " 68. Treasury Committee. " 69. Duty and report. " 70. Relief of sureties of pub. officers. " 71. Over payments at Treasury. " 72. State Librarian. " 73. Solicitor General, resident of dist. An Act further explaining and def ning the duties and powers of the Comptroller General.—Approved Dec. 5, 1799. Vol. I. 184. Whereas, great abuses have arisen, and the State hath sustained many losses in the revenue, for the want of a proper officer to com¬ pel persons intrusted with the collection and care of public moneys to account for the same : Unties of the 1. Sec. I. Be it enacted, Spc. That the Comptroller General shall, tvncrLTde- from and after the passing of this Act, keep fair and accurate ac- I'med. counts, showing the several appropriations of money, examine and check all Governor's, President's and Speaker's warrants, and charge the amount thereof to the funds on which they may be respectively drawn, previous to their being presented to the Treasurer for pay¬ ment ; examine and correct all returns of taxable propery, settle *Acts of Deputy Secretary of State legalized, see "Evidence," sec. 20. See " CoiM and Currency," sec. 4. STATE OFFICERS.—1799-1821. 1023 Governor's salary—Salaries—Duty of Comptroller and Treasurer. with the several Tax Collectors, and all other persons indebted to the State ;* and in all cases where payments may be made at the Treasury, give receipts for the same, founded on. the Treasurer's certificates, which certificates shall specially set forth the amount, on what account, and by whom paid, and be lodged as vouchers in the Comptroller's office. Sec. II. All the powers heretofore vested in the Treasurer to en- fjJ1eall01^Jre0f force the collection of public moneys shall be, and the same is here-the treasurer by declared to be vested in the Comptroller General. public mo'BS ueys. An Act to alter and amend an Act, entitled an Act to increase the salaries of the Public Officers of this State, passed the 8th Decem¬ ber, 1818.f—Approved Dec. 11, 1819. Vol. III. 323. 2. Sec. I. The public officers hereinafter named, shall receive as salaries of a salary or compensation for their services during the political years Governor' 1820, and 1821, and from thence during the continuance of this Act, the following sums, that is to say, the Governor, $3,000 per annum ; the Judges of the Superior Courts, $2,100 each per annum ; Judges, At- and to the Attorney and Solicitors General, $225 each per annum ; Sol. General, which sums shall be paid to the said officers quarter yearly, out of any moneys which may be in the Treasury not otherwise specially appropriated.! Sec. II. [Adds 25 per cent, to fees of County officers; see title " Fees," sec. 35. j Sec. III. [Repealing clause.] An Act to amend an Act entitled 11 an Act further explaining and defining the duties and powers of the Comptroller General," passed the 5tli day of Dec. 1799; also more particularly to define and prescribe the duties of the Treasurer of this State.—Approved Dec. 25, 1821. Vol. IV. 295. 3. Sec. I. From and after the passing of this Act, it shall be the to report duty of the Comptroller General to report to the Legislature, within unexpended the first week of each annual session, an account of all balances of »pproPr'a- ' tioiis. appropriations remaining unexpended at the close of each political year. 4. Sec. II. It shall not be lawful for the Comptroller, in execut- Over-drafts ing the duties prescribed to him in the aforesaid, or any other Act, sanctioned, to accept, sanction, or pass any order, draft, or warrant, drawn on or payable out of any appropriated fund that may have been exhausted *And shall audit all accounts against the State, which may notwithstanding he re¬ jected by the Governor if he sees proper. (See Act of 1836, see. 28 of this title.) tThis Act of 1818, increased the salaries of the State House Officers, except those of the Clerk and Secretaries. It also increased fifty per cent, the fees of County offi¬ cers generally, and was in force from its date to the date of this Act, by which it is su¬ perseded in all its provisions. fFor the salaries of the Secretary of State, the Treasurer, Surveyor General and Comptroller General, see sec. 24, But sec Act of IS 41, sec, 51 reducing the salaries of all these officers. 1024 STATE OFFICERS.—1821. I i , , Duty of Comptroller and Treasurer. or covered by orders, drafts, or warrants of antecedent date or ac¬ ceptance ; nor shall the Treasurer pay money to any draft or war- or paid. rant, (except President or Speaker's warrants,) until the Comptroller General shall first have approved and accepted the same, pursuant President to the provisions of said Act; nor out of any other fund or appropri- e"swar-k ation than that on which the said draft or warrant is legally charge- rants. able. comptroller 5. Sec. III. The said Comptroller General and Treasurer shall ure/reTp^n-he respectively accountable for the amount of all orders, drafts, or ga^pay.rille" warrants by them accepted, approved, passed, or paid, contrary to the meucs. provisions of this Act; to be recovered in any Court having compe¬ tent jurisdiction, by action of debt, prosecuted in the name and for the use of the State, against said Comptroller General and Treasurer, respectively and their securities, comptroi- 6. Sec. IV. It shall be the duty of the Comptroller General to with mias-"1 keep a regular account with the Treasurer, in which said Treasurer urer- shall be charged with all moneys paid into the treasury, and to place to his credit the several sums specified in all orders, drafts and war¬ rants legally made or drawn on him.* comptroi- 7. Sec. Y. It shall be the duty of the Comptroller General to report'ofthe report to the Legislature, within the first week of each annual ses- treasury!16 si°n> a full aud complete account of the state and condition of the treasury, comprising the aggregate sum actually paid in, for all taxes, debts; and demands of whatsoever description, during each preceding political year; and the several items of expenditure incurred for the same period ; the salaries and pay of all officers and agents employ¬ ed in the civil and military service of the State ; the incidental ex¬ penses of the Legislature, Executive and Judicial departments of the government, and all sums paid or due to individuals by special con¬ tract ; and at the time of making such annual report the Comptrol¬ ler shall annex as a part thereof, a statement of the amount of taxes and dues with which the inhabitants of each County in the State stand charged in the digest returned to his office by the several re¬ ceivers of tax returns in this State; the names of all debtors, delin¬ quents, collectors, and depositories of public moneys, and the sever¬ al sums in the payment of which they have made default, mevui hn.om" Sec. VI. It shall be the duty of the Comptroller General to provomcnts accompany his said annual report with a recommendation of such in tho reve- nue laws, changes or amendments of the revenue laws of the State, as in his opinion may tend to insure their more prompt and faithful execution, and to curtail the expenses of collection. Banks to 9. §EC. VII. All banks ofdiscount and deposit, corporations and pay the . l y r comptroi- companies of whatever kind or description, by which moneys are or 3 ra " may hereafter become payable to the treasury of this State, shall be exclusively subject to the draft of the Comptroller General for the sums which may, from time to time, become due, who is hereby di¬ rected immediately on the accrual of such dues and demands, to is¬ sue his drafts for the same, ordering the payment thereof to be made to the Treasurer of this State. 10. Sec. YII. It shall not hereafter be lawful for the Evecutive fBut see sec. 42, &c. Also see sec. 57, &c. STATE OFFICERS.—1823. 1025 Suspension of taxes—Execution—Comptroller's duty, &c. department of Government to interfere with, or in any manner to How far suspend the collection of taxes, debts, or dues which may be legally suspend coK demanded by the Comptroller or Treasurer for the use of the State, of for a longer period than till the meeting of the next Legislature after the suspension ; to which he shall communicate the case in which the suspension was had, and the particulars upon which it was granted. 11. Sec. IX. All executions for the collection of taxes due this executions State shall hereafter be issued by the Comptroller General only;tortaxes* any law to the contrary notwithstanding. An Act further to define the duties of Comptroller General, So- licitors and Attorney Generals, Collectors and Sheriffs ; and for other purposes.—Approved Dec. 22, 1823. Vol. IV. 296. 12. From and after the passing of this Act, all the evidences of ah debts to debt now due, or which may hereafter become due to the State, shall ^ the comp- be deposited in the office of the Comptroller General, whose duty it shall be to call for and receive from the Treasurer all such evidences as now are in the treasury, to open and keep separate and distinct ac- How the ac¬ counts of every description of debt against the Treasurer, charging £°ukept!ha11 him with all sums paid in thereon, as in the accounts of the general tax, and to perform all the duties in the collection of debts due the State which have hitherto been performed by the Treasurer. 13. Sec. II. The Comptroller General is hereby directed to fur- comptroller nish the Attorneys and Solicitors General each with a list of all the ^efu™to.han< executions which have hitherto issued, or which may hereafter issue ^;h^c"h a against defaulting Tax Collectors within their respective circuits, iut of execu- whose duty it shall be to report to the Comptroller General annual- collectors"* ly, on or before the meeting of the General Assembly, the situation ^ke annual of said execution, what prospect there is of collecting the money, and statements, any other circumstances of importance to be known relative thereto. 14. Sec. III. The Comptroller General is hereby required to is- r0issue ex#- sue executions against all defaulting Tax Collectors and their securi-agh°n"t dc. ties (if any), immediately after the tax which they were appointed coYi«ctorsf* to collect shall have become due ; and in the event of the death of the Collector or either of them, or all of his securities, the execution shall issue against the survivors and the legal representatives of the deceased. 15. Sec. IV. The Comptroller General shall not in future ap- unauthor- prove any warrant unless the same is legally chargeable to the fund rlmsT"" upon which it is drawn. 16. Sec. V. All Tax Collectors who shall fail to pay over the Defaulting, tax which he was appointed to collect immediately after it becomes abieeto°2« due, shall pay twenty per cent, per ahnum on the amount thereof un- per c ceive, as full compensation for all services required of him by law, $2,000 per annum. The Comptroller General shall receive, as a full comptroller compensation for all services required of him by law, $2,000 per annum, to be paid quarter-yearly out of any money in the Treasury.* 25. Sec. II. From and after the next election of the above nam- ^t°e^rquU ed officers, the perquisites allowed to the same be paid into the Treasury, any law to the contrary notwithstanding; and from and after the said election, all laws and parts of laws militating against this law be, and the same are hereby repealed. An Act to compel the Attorney and Solicitors General of this State to give bond and security for the faithful discharge of the duties of their respective offices ; and to further deline the duties of the Comptroller General, the Attorney and Solicitors General.—Approved Dec. 20, 1828. Yol. IY. 224. 26. From and after the passage of this Act, it shall be the duty Attorney of the Attorney and Solicitors General of this State, and they are tors General hereby required, before they are qualified and enter upon the duties Lnd'JeturUy. of their respective offices, to give bond and security to the Governor Jay^e™nd for the lime being, and his successors in office, which shall be judged the condi- tions of" said of and approved by him, in the sum of $20,000, which said bond bonds, shall be conditioned to pay over to the Comptroller General of the State, all moneys collected as Attorney General or Solicitors of their several circuits or otherwise in behalf of the State, to which the State may be entitled; also the amount of all sums incurred by said Attorney and Solicitors General, by reason of failure to pay over the same according to the Act of 1823, and do and perform all other duties required of them by law, which said bond shall be filed in the Comptroller General's office, subject to the order of the Leg¬ islature. 27. Sec. II. It shall be the duty of the Attorney General andAtto. and Solicitors General to make an annual report of the state and stand- shall report ing of the claims in favor of the State, under their control, to the eom^lLn! Comptroller General at the commencement of the session of the Legislature, showing what suits are instituted, and when instituted, their haads. and what money may have been collected during the preceding year, also on what cases collected.! 28. Sec. III. It shall be the duty of the Comptroller General to ™Tto the8' Legislature. •But see sec. 51. fFor their duty as to escheats, see " Escheats," sec. 18. See also 4 'Judiciary," sec. 1028 STATE OFFICERS.—1828-'3G. Auditing of Accounts—State Printer—Duty, &c. report to the Legislature at its annual session, all arrears or neglect of duty by the Attorney General or either of the Solicitors General; any law to the contrary notwithstanding. An Act to alter and amend the additional oath required by law to be taken by all officers, civil and military, to prevent the offence of duel¬ ling.—Approved Dec. 19, 1828. Vol. IV. 297. [Is repealed by the first section of J An Act [passed Dec. 22,1832,] entitled an Act to repeal an Act, enti¬ tled an Act to alter and amend the additional oath required by luw to be taken by all officers, civil and military, to prevent the offmce of du¬ elling, and also to repeal an Act passed 19th day of December, 1818, requiring all officers civil and military who may be appointed after the first day of January, 1819, in this State, to take an oath therein prescribed, and to relieve all those who have violated the provisions of said Act, from the disabilities thereby incurred. [The remaining section, making duelling punishable in the peni¬ tentiary, is superseded by the Code of 1833. See Penal Laws, sec. 203, el seq. ] An Act to regidate the auditing and payment of accounts against the State.—Approved Dec. 26, 1836. Pam. 38. aii accounts 29. Sec. T. From and after the passing of this Act, all accounts state tVbe exhibited against this State shall be audited by the Comptroller Gen- nudited. eraj anc[ certified by him to be correct.* The govern- 30. Sec. II. When accounts, so audited and certified by the hoidapay-th Comptroller General shall be presented to the Governor, it shall be di ted ac>au~ duty to order the same to be paid, by a warrant on the Treasury: counts. Provided, that the Governor shall have the right, in any particular case, to withhold his approval of any account certified and approved by the Comptroller General. Sec. III. All laws and parts of laws militating against this Act, are hereby repealed. An Act to provide for the election of a Public Printer, and to regulate the printing required to be performed by the Legislature.—Approved Dec. 23, 1836. oiiireof 31. Sec. I. At every annual session the General Assembly, by creltednan1 joint ballot, shall elect a State Printer,whose duty it shall be to print dut,r' the laws and journals of the next following annual session, and such bills and other documents, as either branch of the General Assem¬ bly shall, at such next following annual session direct to be printed; *See farther, as to auditing accounts, sees. 35. 37. 42. STATE OFFICERS.—1836-'38. 1029 , Accounts of public agents. and should there be an extra session of the General Assembly be¬ tween the election of the State Printer aforesaid, and the next fol¬ lowing annual session, he shall execute the like public printing of such extra session.* 32. Sec. II. The public printing aforesaid shall be performed .to within the State, and that the State Printer chosen as aforesaid, shall the state?1 give bond with security to be approved by the Governor, in the sum of ten thousand dollars, for the faithful discharge of his duty as such. 33. Sec. III. The laws and journals shall be printed on small How execu- pica, on a page of the size of the page of the Laws of the United States, and of like intervals between the paragraphs and laws. 34. Sec. IV. The public printing shall be paid for at the follow-.compen**. ing rates, viz : For each sheet of the laws and journals, containingtlon eight octavo pages, one cent and a half; for each sheet of eight oc¬ tavo pages of the job printing, eight cents through the first hundred sheets ; and four cents per sheet of eight octavo pages, after the first hundred sheets; each single job less than a sheet, to be counted for a sheet; rule and figure work, either in the laws or journals, or in the job printing, shall be paid for at double those rates. For cut¬ ting, folding, stitching, covering, title-page, and trimming of ten thousand volumes of the laws and journals, there shall be paid eight hundred dollars; any other number to be paid for at the same rate.* An Act [to amend an Act] to regulate the a.uditing and payment of ac¬ counts against the State, approved Dec. 26, 1836, so as to extend the duties of the Comptroller General, in supervising the accounts of agents and others entrusted with the public funds, f—Assented to 29th Dec. 1838. Pam. 32. 35. Sec. I. Be it enacted, That in addition to the duties of the comptto Comptroller General, as required by the above stated Act, it shall be of agent^" and is hereby declared to be the duty of the said Comptroller Gener¬ al, to supervise and audit the accounts of the agents of the State, and others, to whom have been or may hereafter be entrusted with the expenditure nf moneys appropriated for public purposes, and drawn from the Treasury, and make report thereof to the GovernoY, Report who shall lay the same annually before the General Assembly.^ 36. Sec. II. If at any time it shall so happen that any of the pub- Proceedings lie agents shall fail to make out semi-annual reports and accounts ffui'ting1** current, concerning the disbursements of the public money intrust-a8enta> ed to such agents, supported by proper vouchers, such defaulting agent shall be proceeded against in such manner as the Governor shall in his discretion think most conducive to the interest of the State, any law to the contrary in anywise notwithstanding. An Act to regulate the auditing of accounts rendered by certain persons, ♦Amended; see sees. 64, 55, 56. +For Act requiring accounts to be kept in Federal currency, see " Coin and Curren¬ cy," sec. 3. +See next Act. 1030 STATE OFFICERS.^—1838. Bonds—Suits vs.—Military storekeepers—Duty. and to provide for default, in the application of moneys appropriated in certain cases.—Assented to 29th Dec. 1838. Pam. 31. Bonds of 37. Sec. I. Be it enacted, That from and after the passage of bure?ngd,s* this Act, no money appropriated for making or improving roads, im- pubiicmon- proving the navigation of rivers, or other like objects, shall be paid out of the Treasury of this State, until the person or persons ap¬ pointed to receive and disburse such money shall have given good and sufficient bond and security to apply the same according to the provisions of law, making such appropriation; and moreover, to Reports. make due and periodical reports of his or their actings, doings and disbursements in the premises. Auditing of 38. gEC. jj. it shall be the duty of the Comptroller General accounts. r . . . J , _ 1 from time to time, as such reports are made, to audit the accompa¬ nying accounts, and to certify only such as shall be duly sustained by vouchers, and to credit the parties bound with the amounts audit¬ ed and allowed. And in case any disbursing officer shall for three Defaulters months be in default in making his or their report, or shall for the like space of time, fail in producing the proper vouchers to sustain his or their accounts, it shall be the duty of his Excellency the Gov¬ ernor, on notice of the fact from the Comptroller General, to order suit on bond the bond or bonds of such defaulting officer to be sued, and to re-' port the same to the General Assembly at the ensuing session. Duty of 39. Sec. III. Notice shall be given by publication by his Ex- beretofore cellency the Governor, to all persons having in their possession mon- appointed. ey? negroes, or other property of the State, heretofore appropriated for the improvement of roads or rivers, and who have not fully ac¬ counted for the same, to render their accounts on or before the first day of June next, and to make a full and detailed report of his or their operations, and to show sufficient reason, if any they have, why the same should not be appropriated to some other object. An Act to regulate the appointment, define the duties, and fix the sala¬ ries of Military Storekeepers,—Assented to Dec. 31st, 1838. Pam. 157. military *40. Sec. I. Be it enacted, That from and after the passage of storekeepers Act, shall be the duty of his Excellency the Governor to ap¬ point some suitable person as military storekeeper in the City of Sa¬ vannah, and some other proper person as military storekeeper in the City of Milledgeville, each of whom shall be annually appointed by Duty. the Executive; it shall be the duty of military storekeepers to take possession of the public arms, munitions, arsenals and such other public buildings and property therewith connected, as may properly belong to them as military storekeeper at their respective stations; and the same safely to keep, to clean, and keep in good order; to Annual re- make annually a report to his Excellency the Governor, of the num- poit" ber and kind, the order and condition of the arms, munitions and oth¬ er public property in their custody, to be by the Governor laid before the General Assembly, and to obey such orders and directions as may from time to time be given to them by the Governor. STATE OFFICERS.—1838-'39. 1031 Salaries—Appropriation books in several offices—Other accounts—Taxes of banks. 41. Sec. II. The salary of the military storekeeper at Savannah salaries, shall be three hundred dollars, and the salary of the military storekeeper at Milledgeville shall be four hundred dollars, to be paid annually af¬ ter the report of said storekeepers shall have been made to the Gov¬ ernor in terms of this Act; and for that purpose the Governor is au¬ thorized to draw his warrant on the Treasury for the amount of the salaries herein fixed,- to be paid out of any moneys not otherwise ap¬ propriated j and all laws or parts of laws militating against this Act are hereby repealed. An Act more effectually to prescribe the method of keeping accounts, and adjusting the annual account current in the Executive, Comptroller General and Treasurer's office, and for other purposes.—Assented to Dec. 23d, 1839. Pam. 13. 42. Sec. I. Be it enacted, That it shall be the duty of his Ex- Book of ap- cellency the Governor, for the time being, and his successors in of-^Executive fice, to have kept in his office a well bound book, in which shall be DePartment- entered in alphabetical order, the full amount of all annual appro¬ priations, setting forth the amounts under their several heads, both common and special, and also to have all warrants he may order to be drawn, charged to the special appropriation on which it is drawn, and in whose favor, and the day on which the same was issued. 43. Sec. II. It shall be his further duty to have kept a full an(l ^funded" accurate account of all sum or sums of money that now are or may u^bts. hereafter be set apart as a fund for the redemption of funded debts, particularly setting forth the amounts for the several specific purpos¬ es, and the amount when drawn, and in whose favor, and at what time. 44. Sec. III. He shall have made out and entered in said books, schedule of from time to time, a schedule of all bonds or evidences of debt, thatbondS)&x* may now be in his office, or that may hereafter be deposited there, ordinals and have the same deposited in the Comptroller General's office, the deposited' originals there to be collected, agreeable to the provisions of an Act passed on the 29th Nov. 1838. [Sec. 37.] 45. Sec. IV. It shall be the duty of the Comptroller General to Book of ap- have kept in his office a similar book, and on the same plan, particu- m Compt's. larly checking all warrants, and particularly setting forth the appro- office" priation, or other specific fund, on which it was drawn, the time, amount, and in whose favor the same was drawn. 46. Sec. V. It shall be the duty of the Treasurer to have kept The same in in his office a similar book, in which he shall have entered all war- office!"1"8 rants that may be drawn on him by the Executive, setting forth in whose favor the same was drawn, the time, amount, and from what fund the same was drawn and paid, and also to file the warrants thus entered in separate packages, labelled, setting forth the time, amount, and the appropriation on which they were drawn. 47. Sec. VI. It shall be his duty to keep, annually, an account account of of all taxes that may be due and unpaid by the several chartered by Banks, Banks, and such as may, from to time to time, hereafter be chartered, 1032 STATE OFFICERS.—1839-'43. Annual reports—Salaries of State officers—Officers to be elected biennially. and collect the taxes thereon, agreeable to the law now in force for collecting the same ; and also to keep an accurate account of all tax- of taxes es which may hereafter be annually paid into the Treasury by the {SsforJ.co1 Collectors of the several Counties of this State. Report to 48. Skc. VII. It shall be the duty of the Executive, Comptrol- Legisiature. jer Generai anc[ Treasurer, respectively, to lay before each branch of the Legislature, annually, on the weeks of the session, an abstract or copy from their books, of all entries therein made, agreeable to the provision of this Act; any law, usage or custom to the contrary notwithstanding. An Act to reduce the compensation of the Members of the General As¬ sembly, the salary oj his Excellency the Governor, and other Public Officers therein named.—Assented to 11th Nov. 1841. Pam. 193. 49. Sec. I. [Temporary.] 50. Sec. II. The salary of his Excellency the Governor shall be three thousand dollars per annum after the expiration of the pres? ent term of office. 51. Sec. III. The salaries of the Secretary of State, the Treas¬ urer, Comptroller General and Surveyor General hereafter to be elected, shall be sixteen hundred dollars each per annum. 52. Sec. IV. The salaries of the Judges of the Superior Courts cSSrte* State hereafter to be elected shall be eighteen hundred dollars each per annum.* Officers of 53. Sec. V. The salaries of the officers of the Central Bank and Bank and officers of the Penitentiary shall be reduced at and after the rate of penitentiary, twenty per centum on the amount now allowed by law. or state 54. Sec. VI. From and after the passage of this Act, the com- frinter. pensation of State Printer shall be reduced at and after the rate of twenty per cent, on the amount now allowed by law. Sec. VII. All laws or parts of laws militating against this Act be, and the same are hereby repealed. Governor's salary. State House officers. An Act to amend an Act entitled an Act to provide for the election oj a Public Printer, and to regulate the Printing required to be per- Jormed by the Legislature, approved December 23, 1836, and to provide for the continuance of officers whose election is required to be annual.—Assented to Dec. 21,1843. Pam. 46. state Printer 55. Sec. I. Be it enacted, That the person who shall be elected tohoidhtheir Public Printer at a regular session of the General Assembly, shall be offices two eiected for the term of two years, commencing on the first Monday of November, 1845, and until a successor shall be elected and quali¬ fied, and that all officers whose election by the General Assembly is required by existing laws to be made annually, shall hold their offices •Judges of Supreme Court, see "Judiciary," sec, 8. STATE OFFICERS.—1843. 1033 Treasurer's estimates—Reports—Payment from Treasury. or appointments for two years ensuing their elections, and that va¬ cancies therein shall be filled as directed by the Constitution. 56. Sec. II. The Public Printer shall not print any documents nothing with the Acts and Journals, unless directed so to do by resolution of cept'by order the General Assembly. An Act for the better regulation of the Treasury ; and prescribing the duties oj Treasurer and Comptroller General; and provid¬ ing for the management and security of the Junds set apart for the payment of the public debt; and defining, in part, said funds. Assented to Dec. 28, 1843. Pam. 142. 57. Sec. I. Be it enacted, That it shall be the duty of the Treas- esiimatc# urer, at each regular session of the Legislature, to submit detailed [°vr0e"|"r"^ estimates of the probable receipts and expenditures of each year, J"3 submitted « J 7 jjy Trpa avir^f for the two succeeding political years, in which he shall state fully the probable sources of income, and the probable amount of revenue from each source; and in the event of a probable deficiency, he shall submit estimates for additional revenue, specifying particularly contents, the increased rate of taxation proposed, or the new objects of taxa¬ tion, and the probable revenue accruing from each ; he shall like¬ wise in said report designate the several objects of appropriation, and the amount required for each. 58. Sec. II. The Treasurer and Comptroller General shall annually treasurer's submit their reports, (now required by law to be made to the Legis- troner>rro- lature) to his Excellency, the Governor, on or before the twentieth ports- day of October, and by him shall be laid before the Legislature in his biennial message ; he shall likewise appoint biennially a commit- Treasury tee to examine into the condition of the Treasury in those years when there shall be no session of the Legislature, and especially to examine into the situation of the public debt, the payments which have been made upon it, either as to principal or interest.* 59. Sec. III. All moneys belonging to the State, shall be paid payments into the Treasury; and shall not be drawn therefrom but upon war- ury'how'13 rants signed by the Governor ; and all funds which may be pledged to the payment of the public debt, or interest thereon, shall in no p16/1,?®3,1?. I -1 , , • )• • • 11, public debt. wise be paid to any other object of appropriation ; and all payments of interest, herein provided for, shall be paid at the Treasury, or upon warrants drawn from the Treasury for that purpose. 60. Sec. IV. It shall be the duty of the Treasurer to report Report as to to each session of the Legislature, the amount of debt, bearing in- stat/unpski terest for each year, distinguishing between the sterling and federal bonds, the rate per cent, paid upon each kind of bonds, the amount (at each rate percent.) paid, the exchange paid on the same, and the aggregate amount of interest paid in each year, the amount due which is unpaid at each semi-annual payment, the reasons for •But see the appointment and duties of this Committee more fully specified, sec. 66, tt $eq. 130 1034 STATE OFFICERS.—1843. Undrawn balances—Paid bonds, &c.—Treasurer's reports—Bonds. such non-payment, the names of the holders of said bonds, and the amount owned by each, as far as practicable. Accountsof 61. Sec. Y. The Comptroller General shall, at the end of each neer w. & quarter, audit the accounts of the Chief Engineer, or paying officer a.r. r. t^e -yyestern ail(j Atlantic Rail Road, and report to the Executive the result of his examination of said accounts, undrawn 62. Sec. YI. Whenever any appropriation shall not be called for vert to gen- within six months after the expiration of the political year, for which eraiiund. ^ appr0priatedj the same shall revert to the general fund in the Treasury, and shall not be drawn therefrom except upon a new appropriation made. Paid bonds 63. Sec. YII. Upon a warrant issuing in favor of the Treasur- rowCd°rns'er, for the payment of the interest or principal of the debt, he shall posed o£ deposit in the Executive office the coupons or bonds on which such payments shall be made; and his Excellency, the Governor, shall cause the same to be marked "Paid," and filed away, subject to the order of the next Legislature. Dividends 64. Sec. YIII. All dividends on bank stock shall be paid into stocft!" the Treasury ; and all stocks which may belong to the Treasury aparu3 set are hereby set apart as a fund for the payment of the public debt, and may be disposed of on the best terms possible, by his Excellen¬ cy the Governor, for that purpose.* Quarterly 65. Sec. IX. It shall be the duty of the Treasurer to report to Treasurer. his Excellency, the Governor, at the end of each quarter, a state-, ment of the receipts of all moneys into his office during the preceding quarter, specifying the particular sources from which the same may be derived.f Sec. X. All laws or parts of laws militating against this Act, be and the same are hereby repealed. An Act to amend the several laws relative to the duties of Comptrol¬ ler General and Treasurer, and to require bonds to be executed by them, and by the Surveyor General and Secretary of State.— Assented to Dec. 28, 1843. Pam. 168. Treasurers 66. Sec. I. Be it enacted, That the Treasurer hereafter to be bond elected, before he shall be permitted to enter upon the duties of his of¬ fice, shall execute a bond payable to the Governor of the State and his successors in office, with sufficient sureties, to be approved by the $200,000. Governor, in the penalty of two hundred thousand dollars, with con¬ dition faithfully to account for all money and effects that shall be received by him as Treasurer, and faithfully to perform all the duties' of said office ; and that the Comptroller General, Surveyor General and Secretary of State, hereafter to be elected, shall respectively, before entering upon the duties of their offices, execute the like SP$2o,oo'e bond, the Comptroller General in the penal sum of twenty thousand fndsTcreta- dollars, and the Surveyor General and Secretary of State each in ryofsta* the penal sum of ten thousand dollars, with condition faithfully to execute the duties of their said offices respectively, which bonds *See "Academies,'' &c. sec. 15. fOn oathj see sec. 67. STATE OFFICERS.—1843-'45. 1035 State officers' bonds—Treasury committee—Duty—Report. shall be filed in the Executive Office, and a copy of any such bond, certified by one of the Secretaries of the Governor, shall be received as evidence instead of the orignal, in any of the Courts of this State : Provided, that nothing herein contained shall impair or affect the validity of any bond heretofore executed by any Treasurer or other officer herein designated. 67. Sec. II. The Treasurer shall at the end of every quarter of Quarterly the year, make a written report on oath of the several sums of money Treasurer and«effects received by him during the three months preceding suchonoath' report, which shall be filed and preserved in the Executive office. An Act to 'provide for the appointment of a Committee to examine into the condition of the Treasury and the Central Banlc, in those years when there shall be [?io] session of the Legislature, and to repeal so much of the Act assented to on the 28 th day of December, 184-3, entitled " an Act for the better regulation of the Treasury, and prescribing the du¬ ties of Treasurer and Comptroller General, and providing for the management and security of the funds set apart for the payment of the Public Debt, a,nd defining in part said funds," as conflicts with the provisions of this Act.—Approved Dec. 29, 1845. Pam. 53. 68. Sec. I. Be it enacted, That from and after the passage of-peasivy j. o Committee this Act, it shall and maybe lawful for the General Assembly toeiectiBB; elect by ballot three fit and proper persons, who shall compose a Committee* to examine into the condition of the Treasury, in those years when there shall be no session of the Legislature, and es- Duty- pecially to examine into the situation of the public debt, the pay¬ ments which have been made upon it, both as to principal and inter¬ est, and shall transmit their Report to his Excellency the Governor, ReP°rt- on or before the first day of November, and by him shall be laid before the Legislature in his biennial Message. 69. Sec. IL The said Committee be authorized and required to g®^raI investigate thoroughly the affairs, transactions and condition of the Central Bank, and report the same to his Excellency in the manner pointed out in the first section of this Act. And that his Excellency be further requested to cause said Reports to be published in the Report to be public gazettes of this State for one month, and in pamphlet form,pubIlshed- and that a copy be sent to each member of the Legislature last pre¬ ceding. And that the Committee shall order the bonds of any and s"'t3order- all directors to be sued upon any and all improper or unauthorized acts by the charter of said Central Bank, where the interest of the State has been abused : Provided, that when the Legislature shall Appoint fail to elect, it shall be the' duty of the Governor to appoint said Governor. Committees. Sec. III. So much of the above recited Act as conflicts with the provisions of this Act, be and the same is hereby repealed. An Act in relation to public officers and their sureties.—Approved Dec. 27, 1845. Pam. 45. *Duty of this Committee as connected -with the penitentiary, see " Penitentiary," sec. 99. 1036 PUBLIC OFFICERS.—1845-'50. Relief of sureties—Overpayments at Treasury—State Librarian—Solicitor General resident. Sureties of 70. In all cases hereafter, when the surety or sureties to ?ewma>^be any bond given by any officer for the performance of public duties, theGorer- shab give notice in writing to the Governor, of a desire to be reliev- nor- ed from further liability ; or the surety or sureties shall in the opin- iiinsuffi- ion of the Governor, become insufficient, it shall be the duty of the suretiesre- Governor to require of such officer new sureties altogether ; or sure- qmred. ty pjace 0f tj]e surety desiring to be released, or that may be in- effectof sufficient; and in case any officer shall fail to comply with the re- give"6 ° quisition of the Governor in the premises, he shall be dismissed ftom office, and the vacancy occasioned by such dismissal, filled as in case of vacancy from other cause. An Act to appropriate money in case of over-payments at the Trea- sury.—Approved Dec. 24, 1845. Pam. 15. over pay. 71 sEC> j. jge jf enacted. That all money paid into the treasury isents how * ^ * drawn and as an excess on account of insolvent lists, or by mistake, or when reported. two grants shall have issued for the same lot, shall be drawn there¬ from according to law, and reported by the proper officers to each General Assembly, as over-payments made at the treasury.* An A"t to authorize the Governor to appoint a Librarian for the State Library, and to fix the salary of the same ; also so compensate the Clerk of the Supreme Court for his services as Librarian, heretofore rendered.—Approved Dec. 17, 1847. Pam. 214. 72. Sec. I. Be it enacted, That his Excellency the Governor be and he is hereby authorized to appoint some fit and proper per¬ son to act as State Librarian, who shall be paid the sum of one hundred dollars per annum for his services. Sec. II. [Private.] An Act to make residence in the Judicial District a necessary quali¬ fication of the State's Attorney and Solicitors General of this State.—Approved Jan. 17, 1850. Pam. 375. general"a 73. Sec. I. Be it enacted, That from and after thp passage of resident of this Act, no person shall be eligible to the office of State's Attorney Patriot. or Solicitor General in any Judicial Circuit in this State, who has not been a resident of the District for ©ne year immediately preced¬ ing the time of the election. Sec. II. All laws and parts of laws militating against this Act be and the same are hereby repealed. [Statutes omitted as obsolete, repealed, or superseded. Acts of 1799, 1800, "Vol. I. 677 to 679 ; 1784, Watk. 295, 298.] •"See Tax, sec, 118, aa to mistakes in digests. State Libra¬ rian. Salary. TAVERN AND RETAIL LICENSES.—1791. 1037 Licenses—Bond—Rates—Over-charging. TAYEEN AND EETAIL LICENSES. Sec. 1. Tavern License. " 2. Rates, over-charging. " 3. Savannah and Augusta excepted. " 4. Tavern License, $5. " 5. May retail spirits. " 6. Treasurer and Clerk's duty. Sec. 7. Retailer's oath. " 8. To be taken by all. " 9. Then and in future. " 10. Effect of neglect. " 11. Oath recorded. An Act for regula ting Taverns, and reducing the rates of Tavern License.—Approved Dec. 24, 1791. Vol. I. 445. 1. Sec. I. From and after the passing of this Act, any person orTavernli_ persons wishing to keep a tavern or house of entertainment,1 shall" b^granN petition the Justices of the Inferior Court held for the County where ^persons such petitioner resides; and the Court to whom such petition shall them. " be exhibited, shall thereupon consider the convenience of such place intended for a tavern, and having regard to the ability of such peti¬ tioner to keep good and sufficient accommodations for travellers, their horses, and attendants, may, at their discretion, grant a license to such person or persons for the term of one year next ensuing the date of such license, and from thence to the next Inferior Court held for the said County, and no longer; which license, upon petition, may be renewed from year to year, if the Court think proper: Provided always, that before issuing such license, the Court shall cause the „ . „ . y ' , , . , ~ , , Bond and ae- petitioner to enter into bond, with sufficient security to be approved cunty. of by the Court, in the sum of fifty pounds, conditioned for their keeping an orderly and decent house, with good and sufficient ac¬ commodations for travellers, their horses, and attendants ; which bond shall be filed in the Clerk's office, and subject to be put in suit upon any breach thereof. 2. Sec. II. The Justices of every Inferior County Court at the Tavern rate3 first term in every year shall fix and establish the rates and prices to court be paid at taverns for liquors, diet, lodging, provender, stabling, and pasturage ; and every tavern-keeper shall, within one month after Shaii be put the rates so established, obtain of the Clerk of the said Court a fair "pnat tav~ table of such rates, which shall be openly set up in the public enter¬ taining room in every tavern, and there kept throughout the year un¬ til the rates shall be fixed or altered again by the Court, and then a copy thereof shall be again so obtained and kept from time to time, under a penalty of ten pounds on every tavern-keeper failing so to do ; and if any tavern-keeper shall demand and receive any greater Pena[ty for price for any liquor, diet, lodging, provender, stabling, or pasturage, ?ve. cbarg- than by such rate shall be allowed, he, she, or they so offending,ing' (1.) Tavern and house of entertainment held to be synonymous. 7 Ga. Rep. 296. A watering place not included.—Ibid. Oucrv. If soil-its are not retailed, is a license necessary ?—Ibid. 1038 TAVERN AND RETAIL LICENSES.—1791-1838. Retail licenses. shall forfeit and pay the sum of two pounds over and above the sum extorted, for every such offence, to the informer, recoverable with cost before any Justice of the Peace in the County where such tavern shall be. Sec. III. and IV. [Retailing without license. Repealed by the Penal Code.] savannah ^EC< ^cts heretofore made respecting any thing with- andAugusta. in the purview of this Act, shall be, and the same are hereby repeal¬ ed : Provided, always, that the corporation of the City of Savannah and Augusta shall have the sole regulation and power of governing and directing taverns and granting licenses, within their several juris¬ dictions. An Act to regulate the rates of Tavern Licenses in this State.—Ap¬ proved Dec. 15, 1809. Vol. II. 568. The rates of 4. Sec. I. From and after the passing of this Act, each person cense shall obtaining tavern license, shall pay for such license the sum of five b«5 dollars- dollars ; any law to the contrary notwithstanding : Provided, noth¬ ing in this Act shall be construed to control the rates which now are, or may be established by the corporations of Savannah and Augusta, or any other incorporated Town in this State, persons 5. Sec. II. Any person on application, and complying with this with'this act law, may have license to retail spirituous liquors, without being sp?rits.etai1 obliged to keep other public entertainment ;x provided, such person shall give bond and sufficient security to the Inferior Court, in the sum of five hundred dollars, to keep an orderly house ; and provided also, that if they do keep a house of entertainment, they shall not be allowed any other pay than agreeable to tavern rates. An Act to appoint County Treasurers and define their duty.—Approved 24th Dec. 1825. Vol. IV. 131. Tavemor 6. Sec. III. When any person shall apply for a tavern or retail- iicense.'3 er's license, he shall pay to the County Treasurer the fees now re¬ quired by law, and shall receive from the Treasurer a certificate di¬ rected to the Clerk as aforesaid, who shall receive and enter the same as above directed, and grant the said license, which shall specify the place where said retailing is to be done, upon the applicant's giving bond and security as required by law. [For remainder of the Act, see "County Officers," sees. 45 to 51.] An Act further to regulate the granting of Retail License and sale of spirituous liquors.—Assented to 29th Dec. 1838. Pam. 204. (1.) After license is obtained, if the Legislature incorporate the place, the corporate authorities cannot require the party to pay an additional license fee. 5 Ga. Rep. 447. TAYERN AND RETAIL LICENSES.—1838. 1039 Oath—Penalty for neglecting. 7. Sec. I. Beit enacted, That from and immediately after the applicants passage of this Act, upon the application of any person for license to ucensM to retail spirituous liquors, the Clerk of the Inferior Court to whom such uke an oath* application may be made, shall, before the granting such license, re¬ quire the applicant in whose name such license shall issue, to take and subscribe the following oath, to wit: I do solemnly swear that0ath- I will not during the next succeeding twelve months, sell, barter, give or furnish to any slave or slaves, or free person of color, any mea¬ sure or quantity of distilled spirituous or intoxicating liquor, with¬ out the verbal or written consent of the owner, overseer, or employer of such slave or slaves, or without the like consent of the guardian of such free person of color ; and I do further swear that I will not suffer or allow any other person to do so for me by my approbation, knowledge or consent, so help me God. 8. Sec. II. On or before the first day of June next, and annually to be taken thereafter, each and every vender of any measure or quantity less employed!1 than one gallon of distilled spirituous or intoxicating liquor, shall, and are hereby required to take and subscribe the above and forego¬ ing oath. 9. Sec. III. From and after the first day of June next, and an-or thereafter nually thereafter, each and every person who may or shall become a vender of any measure or quantity less than one gallon of distilled spirituous or intoxicating liquor, shall, and are hereby required to take and subscribe the above and foregoing oath. 10. Sec. IY.' Upon the neglect or refusal of any person so re- neglectot quired to take and subscribe the above and foregoing oath, each andrefusal- every person so neglecting or refusing, shall be, and are hereby made effecto4. liable and subject to all the pains and penalties which a person re¬ tailing without license is now subject to bylaw. 11. Sec. Y. Each and every oath so taken, shall be subscribed Record of by the person taking the same, and attested by the Clerk of the In-01 ferior Court, before whom the same shall be taken, in a book to be kept by him for that purpose. Sec. VI. All laws and parts of laws militating against this Act, be and the same are hereby repealed. [Statutes omitted as obsolete, repealed or superseded. Provincial Acts of 1757, Watk. 51; 1765, lb. 115; 1788, lb. 374.] 1040 TAX. Analysis. TAX.*1 Sec. 1. Tax on lands. " 2. Poll, town lots, lawyers, &c. " 3. Receiver, duty, oath, " 4. Returns, digests. " 5. Collector, bond, oath, duty. " 6. Bond, how taken. " 7. Return, oath of party. " 8. Effect of neglect or refusal. " 9. Duty of agents. " 10. Non-residents without agent. " 11. Default, collector's sales. " 12. Property not returned. " 13. Insolvent list; Grand Jury. " 14. Lien of taxes. " 15. Deeds to avoid taxes. " 16. Fi.fas. vs. Collectors. " 17. Removal of fi. fas. " 18. Penalty for refusal to return. " 19. Goods brought in the State. " 20. Defaulter's return to Clerk, •' 21. Judicial interference. " 22. Credit to Collectors. " 23. False returns by Receivers. " 24. Defaulting Collectors. " 25. Their duty as to defaulters. " 28. Collectors in default. " 27. Possession to purchasers. " 28. Returns by agents. «< 29. Sheriff's duty as to fi.fas. •< 30. Defaulter's return to Clerk. «< 31. Security in certain cases. «' 32. Receiver's digests. •« 33. Tax on stallions. " 34. When collected. " 35. Stallions brought in the State. " 38. Tax on free negroes. " 37. Certain lands. " 38. Collector in Chatham. " 39. Repealing clause. " 40. Defaulter's return to Clerk. " 41. Lottery tickets. " 42. Return to Clerk, transmitted. " 43. Clerk's fee. Sec. 44. Lien on Collector's bond. " 45. Trial of claim. " 46. Fi. fa. for County tax. " 47. No Justice to be Tax C. or R. " 49. Sheriff's duty as to fi. fas. " 50. Proceedings for default. " 61. Order to compel payment. " 62. Receiver's duty as to defaulters. " 53. Commissions, when paid. " 54. Collector's account with Treasury. " 65. Digest. Collector's sales. " 56. Limitation, after two years. " 57. Insolvent list; duty of G. J. " 58. How allowed to Collector. " 59. Notice by Receiver. " 60. Double tax. " 61. Remission by Inferior Court. " 62. Taxes of former years. " 63. Surety, not to be Sheriff. " 64. Sheriff's commission. " 65. Insolvent list, when allowed. " 66. When refunded. " 67. Other over-payments. " 68. Lists separate as to County tax. " 69. Court failing ; Treasurer to wait. „ 70. Collector's duty in such cases. "• 71. Settlement after Court. " 72. Ft. fas. for County tax. " 73. Hiring of free negroes. " 74. Relief of persons taxed twice. " 75. Penalty on Collector. " 76. Tax on bank stock. " 77. Default of Sheriff. " 78. Act perpetual. " 79. Tax on steamboat stock. " 80. Exceptions in returns. '• 81. Collector's bonds. " 82. Copies may be used. " 83. Levies on personalty. " 84. Lands ungranted. " 85. Aged persons exempt. " 86. Fi. fa. vs. Collector. " 87. And 25 per cent, damages. *As to poor tax, see "Executors, Administrators," &c., Article "Poor Laws," sec . 191. As to County tax, and tax on shows, see title " Counties," sees. 4, 5, 7, 9, 10, &c. As to Tax Collector, see " County Officers," sees. 3,10. As to his deeds, see "Con* Teyances," &c. sec. 35. College property exempt from taxation, see "University and Colleges," sec. Hand note. [1] See 8 Ga. Rep. 23. as to the power of taxing generally.' fTAX.—1804. 1041 Sec. 88. Land taxed. " 89. Brokers, private banks, &c. " 90. Additional penalty. " 91. Lottery tickets. " 92. Private bankers, &c, " 93. Lists made by J. P. " 94. Church land exempt. " 95. Lists made by J. P. " 96. Steam and Thomsonian Doctors. " 97. Trial of claims. " 98. Act of 1804 revived. " 99. Money loaned, bridges, &c. '* 100. Conflicting laws. " 101. Receiver and Collector's duty. " 102. Repeals Act of 1839. " 103. Non-residents owning plantations. " 104. Increase of taxes. '• 105. Commissions suspended. " 106. Aged persons exempt. " 107. Time allowed Collectors. " 108. Estates and double tax. " 109. Billiard tables. " 110. Act of 1843 revived. " 111. Agents of banks and brokers. •• 112. Digest to Comptroller. on lands. Sc. 113. Double, treble tax, &c. '• 114. Appointment of C. & R. " 115. Blank Digests. " 116. Com. of Col. andRec. '• 117. Highest amount of bank stock. " 118. Correction of errors in Digest. " 119. Plantations and negroes. " 120. Assessment of taxes. " 121. Income of Ga. R. R. " 122, Increased stock. " 123. Income of Central R. R. " 124. Cap. stock of M. & W. R. R. " 125. Payments by President. " 126. Act of 1847 revived. " 127. Poll tax. " 12S. On free negroes. " 129. On nominal slaves. " 130. Slave hiring his time. " 131. Capital Memphis branch R. R. " 132. On change bills. " 133. Carriages, stages, &c. " 134. Agencies of banks. " 135. Cattle owned out of State. " 136. Com. of Rec. & Col. An Act to raise a tax for the support of Government for the year 1805.*—Approved Dec. 12, 1804. Yol. II. 226. 1. Sec. I. A tax shall be levied and collected on all lands within Tax on lands this State, granted to or surveyed for any person or persons, in the following mode, to-wit: On each and every aero of all tide swamp, (cultivated or uncul- valuation tivated,) including islands of the first quality, at three cents and sev- of iands.hty en mills per acre ; of the second quality, at two cents and three Tide swamP- mills per acre ; and of the third quality, at seven mills per acre. On all pine lands adjoining such tide swamp, or contiguous there-Pine lands to, or within three miles of water carriage, at six mills per acre. aaJ°mi"s- On all prime or inland swamp (cultivated or uncultivated) of the inland first quality, at two cents and six mills per acre ; of the second qual-svvaJI,p- ity, at one cent and four mills per acre ; and of the third quality, at six mills per acre. On all pine lands adjoining or contiguous thereto, at one mill and an half per acre ; on all salt marsh, one and a half mills per acre. On all high river swamp or low grounds (cultivated or uncultiva- High river led) including islands, including such as are called second low ^oveAber- grounds, lying above Abercorn creek, and as high as the mouth £°rdn'beiow of McBean's creek, on Savannah river, of the first quality, at one ^j^an'6 cent and nine mills per acre ; of the second quality, at one cent and two mills per acre ; and of the third quality at six mills per acre. *The tax law of 1804 revives no former Act; and as it is tbe last tbat is systematic and detailed in its provisions; and was the next year made perpetual; it stands now as that general law to which all subsequent amendments refer. Its after perpetuation in 1807 and 1840, and the annual clause of revival since, are certainly superfluous as respects either the principal Act or any of its amendments. The following syllabus of the annual tax Acts will show the order and connection of the revivals. The Acts marked thus (J) are enough to deduce the continuous existence and operation of the Act of 1804 down to the present time; but the other annual Acts are noted in their 131 1042 TAX—1804. Tax on lands. Above On all high river swamp as aforesaid, lying above McBean's creek> Rae'^cwfc and as high as the mouth of Rae's creek, of the first quality, at two cents and nine mills per acre ; of the second quality, at one cent and nine mills per acre; and of the third quality, at eight mills and an half per acre. Above Rae's On all high river swamp as aforesaid, lying from the mouth of JJBroadM' Rae's creek to the mouth of Broad river, on Savannah river, of the first quality, at one cent and five mills per acre; of the second qual¬ ity, at eight and a half mills per acre ; and of the third quality, at two and an half mills per acre, oak and ^ll a^ oak anc^ hickory lands (cultivated or uncultivated,) includ- biekory^fKvnn jng islands, from the mouth of Rae's creek to the mouth of Broad to Broad river, and within one mile of Savannah river, of the first quality, nver' at six mills per acre ; of the second quality at two and a half mills per acre ; and of the third quality at one and a half mills per acre. Above Broad O*1 ah oak and hickory lands, including islands (cultivated or un- slvannah16 cultivated) from the mouth of Broad river, up the Savannah rivet, and Tugaio. and within one mile of the same, and up Tugalo river to the marked order, as being more complete, and to render it easier, whenever it may be necessary, to ascertain what amendments have been in force at any particular time. Act of (J) 1805, Vol. II. 251, amends and perpetuates the Act of 1804. 1806, ib. 301, amends the Act of 1805. 1807, ib. 392, again amends and perpetuates that of 1804. 1808, ib. 454, supplementary to the tax la\Vs generally. 1809, ib. 555, amendatory of them generally. . 1810, ib. 663, amends that of 1804. 1811, Vol. III. 141, amends generally. . (+) 1812, ib. 870, declares the Act of 1804, with its amendments, to be in force, and further amends it. 1813, ib. 875, V - 1814, ib. 879, i -— 1815, ib. 883, [ revive the Act of 1812, with amendments. -(f) 1816, ib. 887, J - rp 18i7r ib. 889, revives Act of 1816. 1818, ib. 892,) 1819, ib. 892, j 1820, Vol. IV 416, ^-revive 1817 with amendments. Acts of 1821 and . 1821, ib. 416, I 1822, also revive sees. 2, 3, and 4, of 1820. (+) 1822, ib. 420, J (+) 1823, ib. 421, revives 1822 with amendments. ^ (+) 1824, ib. 421, revives 1823 with amendments. "— 1826' ib" 423' } rev^-ve 1824 with amendments, "2 1828, ib. 424, — 18'o' Pam 200* j>reylve 1825 with amendments. . -"222111 1831, ib- 227, J 1832, ib. 182, > revive 1825 with amendments. Also the 2d, 3d, 7th "32 (+) 1833» ll5, 811, ) and 8th sec. of 1830, and the 2d and 3d sees, of 1831. — 222 (+) 1834, ib, 232, revives 1833, except the 5thf section. 1835, ib. 280, revives 1834 generally. — VtA 1835, ib. 265, revives 1835 generally. —1837. ib. 256, revives 1833, and Acts amendatory thereof. 1838, ib* 236, revives 1837 generally. —■— 1839, ib* 218, revives 1838, with amendments. ib. 175, revives 1804, with Acts amendatory thereof and made permanent. 1842, ib* *72, increases taxes of 1840, 25 per cent. 1843, ik* 170, re-enacts 1842. 184-3 ib- 50, re-enacts 1840 and 1842, with amendments. 1847', ik* 289, revives 1845. 1850. ib* 37b, revives 1847. (J) 1840, TAX.—-1804. 1043 Tax on lands. line on said stream, of the first quality, at four and one quarter mills per acre ; of the second quality, at two and an half mills per acre ; and of the third quality, at one mill per acre. On all oak and hickory lands, including islands, (cultivated or un-uPBroa Poiiux. 2. Sec. II. The sum of thirty-one and a quarter cents shall be levied on all free male white persons of the age of twenty-one years and upwards in this State,* and the sum of thirty-one and a quarter cents on all negroes and other slaves, under sixty years, within the Town lots limits of the same ; and the sum of thirty-one and a quarter cents &e- on every hundred dollars' value of every lot, wharf or other lands not herein already enumerated; and on all other buildings within the limits of any town, village or borough, within the same : the sum of Free negroes thirty-one and a quarter cents upon ail male free negroes, mulattoes and mustizoes, from the age of twenty-one years and upwards,! over and above the taxable property they may be possessed of; and the sum of thirty-one and a quarter cents shall be levied on every ctock in hundred dollars'value of all persons' stock in trade, shopkeepers, trade. a others, to be computed at prime costs, and the return to be made on oath, tflat the stock in trade so returned is the highest estima¬ tion of the stock in such persons' possession at any time, not ex¬ ceeding three months preceding the time apppinted by this Act, for such stock in trade to be estimated and returned ; the sum of one Carriages, dollar on all four-wheeled carriages, [see sec. 133,] (wagons except¬ ed;) and the sum of fifty cents on all two-wheeled carriages, [see sec. 133,] (carts and drays excepted;) the sum of four dollars on all practitioners of law or physic ;+ the sum of four dollars on all .Lawyers ^ ^ ana physi- factors and brokers, and on all wares, liquors and merchandize, sold, tor"andbro-bargained, or trafficked for by such factors and brokers; eighteen feer3' and three quarter cents on every hundred dollars by them sold or disposed of, to be given in upon oath,§ and the sum of fifty cents on every hundred dollars of the funded stock of the United States, to be given in by the holders thereof in like manner as stock in trade: Proviso, in- Provided, nevertheless, that in all cases of extreme indigence or in- sol??'tpcr" fii'mity, the Inferior Court of each County shall be, and they are hereby authorized to remit the poll tax upon such indigent or in¬ firm person claiming the same.|| 3. Sec. III. There shall be a receiver for each County through- *White persons over sixty years of age exempted from poll tax. See sees. 85, 103. Poll reduced to 25 cents, see. 127. fNow live dollars, see sec. 36, and see Act of 1850, sees. 128, 129. +Steam and Botanic. See sec. 96. ^The tax on factorage and brokerage repealed by Act of 1823, Vol. IV. 421. ||Tax on stallions, sec, 33. On lottery tickets, sees. 41, 91. Bank stock, sees. 76, 77, 7?, no, 117. TAX.—1804. 1045 Receiver's duty—Oath—Digest. out this State, and the mode of taking the returns shall be as follows: a recerver The Receiver of tax returns in each County shall give notice to county, each Captain's district within the County by advertising in the most oftlkfng public place of each district the day and place he will attend to receive l^_an-d the returns of taxable property therefor, and which notice shall be given at least ten days previous thereto ;* such Receiver shall like¬ wise attend previous to making his return of defaulters three differ¬ ent days in each district for that purpose, which days shall not be within seven days of each other; and the commanding officer in each company shall give to the Receiver so attending a list of inhab- Lists of per- itants liable to pay taxes within his district, on oath or affirmation, to to pay taxes, the best of his knowledge and information, under the penalty of thir-i"hed by"Le ty dollars in case of failure, to be recovered before any Justice of the caJ?tains- Peace within the County, one-half to the person suing for the same, the other for the use of the poor of such County.f And it shall be the duty of the Receiver of returns at all times upon personal Receiver's application to receive the returns not given in at the time and place urther duty' specially notified, at any time before he makes a digest of the whole returns ; and he shall, previous to entering on the execution of his duty, take and subscribe an oath or affirmation, in the words follow¬ ing, to wit: " I, A B, do solemnly swear (or affirm,) that I will truly 1Iis oath, and faithfully perform the duties of Receiver of returns of taxable property in the County to which I am appointed, as required of me by this Act, and will not receive any return but on oath or affirmation." 4. Sec. IV. All and every person liable to pay tax, shall give in a list of his, her, or their taxable property, as well as a list of every in person or persons, as he, she, or they may be attorney or attorneys, ner to be executor or executors, administrator or administrators, for, in thema County or Counties wherein such person, agent, attorney, executor, or administrator may reside, J describing as near as possible, from plats, deeds, or other documents, the particular situation of such land in what County, what particular water-course on, and what land it adjoins, for whom surveyed, and to whom granted ; and the ^-eceiv~ Tobedigest er of such returns shall make a general digest, and return the whole of ed, and three the taxable property received as aforesaid, and also of the taxable S^om!10 property of non-residents and defaulters within his County, and shall transmit three copies, one to the Collector of the County, one to the To vvhom Inferior Court, and one to the Comptroller General, and that the said aretoTe13 Receivers of tax returns do deliver the aforesaid three copies, to wit: sent, to the Collector and Clerk of the Inferior Court on or before the 15th day of July next, and to the Comptroller General, on or before the 1st day of August thereafter, under the penalty of one thousand dollars for each offence, including therein his own taxable property : [Receiver's compensation, repealed by Act of 1845, sec. 116,] and it shall be his duty to transmit to the Comptroller General, and Clerk of the Inferior Court, and Collector of taxes, each a copy of such digest. <§> And that the said several Receivers to be appointed by this Act, shall ♦But see further, sec. 59. tRepealed, and this duty transferred from Captains to Justices of the Peace by sev¬ eral Acts, the latest of -which is in 1837, see sec. 95. tSeesec. 28. §See further as to digests, sees. 32, 55, 101, 112. 1046 TAX.—1804. Receiver's bond—Collector's oath—Duty—Collector's bond—Giving in taxable property. be paid by the Collectors in the respective Counties, the sums which shall become due them for their services, as allowed by this Act.* Whatgecuri- 5. Sec. V. The Receivers of tax returns and Collectors of taxes tytobegiv- tke reSpective Counties, shall be responsible to the Executive department, and be amenable to such rules in conducting the duties of their respective offices, as the Executive may think necessary and proper. The Collectors of the respective Counties, before they en¬ ter on the duties of their office, shall give bond with sufficient securi¬ ties, [Bonds for certain Counties specified, superseded by Act of 1822, sec. 81.] and shall also take and,subscribe the following oath Collectors' or affirmation, to wit: •' I, A B, appointed Collector of tax for the oath. County of do solemnly swear, that I will faithfully dis- jn case of de-charge the duty required of me by law;" and in case of death, refusal or Governor neglect of any Collector to enter into such bond, or take such oath, then aPP°int'his Excellency the Governor is hereby authorized and required to appoint some other person willing to accept the same, on the qualifi- coiiectors' cation aforesaid, who shall attend in each district of the County to duty' receive such tax ;f and shall previously give at least ten days' notice thereof, and shall attend at least two days in each Captain's district; and not within ten days of each other ; and if he shall presume to execute the said office, without the qualification aforesaid, he shall forfeit double the sum for each persons' tax he shall receive, to be re¬ covered by any person who shall inform and prosecute for the same, in any Court or tribunal having cognizance of debts to that amount. Collectors, 6. Sec. VI. The Governor for the time being shall take bond whcruogiveand security of the Collectors of each County respectively, in con- security. . formity to this Act, for the due performance of all the duties requir¬ ed of them, and shall transmit a dedimus to the Justices of the Infe¬ rior Courts of the several Counties, or any two of them, to receive and cause to be executed such bond,]; with two or more securities,$ to be approved of by such Justices, which bond shall be forthwith transmitted by them to the Executive office. ah persons 7. Sec. VII. All persons whatsoever, who are possessed of any taxes musty lands granted to, or surveyed for them, or for any other person or per- K-r sons? °r slaves, either in their own right or in any other person or their taxable perSonS whatsoever, or are liable to pay any tax by virtue of this oatu.ertyon Act, shall, on or before the first day of May|| next, render a particu¬ lar account thereof, on oath in writing, setting forth in what Coun¬ ty such land and slaves are, to the best of his, her, or their knowl¬ edge, to the Receiver of the County wherein such person resides, at such time and place as the Receiver of the County shall appoint for the doing thereof, so that the same be done on or before the first day of May|| aforesaid, which oath or affirmation shall be in the words oath. following, viz: "1, , do swear, (or affirm, as the case *Butsee sec. 53. f Vacancies to be filled by election, see. " County Officers," sec. 52. jWhich must be done in ten days after notification. See County Officers, sec. 15; and see Resolution of 6th Dec. 1813, that Inferior Courts should be cautious to take good security, Vol. III. 1121. §In double the amount of the tax collectable in the County. A certified copy of the bond good, if the original should be lost or mislaid. See sees. 81, 82. )j First day of July, see sec. 101. TAX—1804. 1047 Giving in Taxable Property—Neglect or Refusal—Agents. may be,) that the account which I now give in is a just and true account of all the taxable property, which I was possessed of, held, or claimed, on the first day of January last, or was interest¬ ed in, or entitled unto, either in my own right or the right of any other person or persons whatsoever, as parent, guardian, executor, administrator, agent, or trustee, or in any other manner whatever, ac¬ cording to the best of my knowledge, information or belief,* and that I will give a just and true answer to all lawful questions that taay be asked me touching the same ; and all this I declare without any equivocation or mental reservation whatever, so help me God Which said oath or affirmation the Receiver of tax returns for the several Counties are hereby authorized and required respectively to administer gratis. 8. Sec. VIII. If any person or persons shall neglect or refuse to neglect,re- give in a return of his, her, or their taxable property, or shall be con- in'giving in victed of fraud, or making a false return thereof, he she, or they shall hcTpSnish- be liable to pay to the Clerk of the Inferior Court of the County a fineed- of ten dollars for every hundred dollars valuation so neglected or concealed, one-half whereof for the use of the County, under the direction of the Inferior Court, and the other half for the use of the informer or informers, to be recovered in any Court having cogniz¬ ance of the same. 9. Sec. IX. All attorneys or trustees of or for any person or per- sons, living without the limits of this State, shall make true returns as resi* aforesaid, within the district wherein such trustee, attorney, or agent make re- resides ;f and that such attorney or attorneys, trustee or trustees, aforesatd. shall be subject and liable to pay the tax to become due by this Act, h^wTes- or which may be due by any lormer tax law or laws, for such land for nes- or lands, slave or slaves, out of his, her or their own proper estate, notwithstanding such" attorney or attorneys, trustee or trustees may renounce or disclaim acting as such before the said taxes are levied, unless such attorney or attorneys, trustee or trustees, shall make oath before the Receiver aforesaid that he or they hath or have re¬ nounced such trust or attorneyship before the payment of such tax became due, without having done it with a design to avoid the pay¬ ment thereof: Provided always, that if such attorney or attorneys, Proviso, trustee or trustees, shall within one year next after making such oath again become attorney or attorneys, trustee or trustees, or act as such, he, or they shall be liable to pay the said tax as herein di¬ rected, any thing herein contained to the contrary notwithstanding ; and for levying whereof, the same remedy shall be, and is hereby given as for levying the tax to become due by virtue of this Act on • the proper estate or estates of such attorney or attorneys, trustee or trustees, or other person or persons acting as such. 10. Sec. X. In case any land or other taxable property, shall be^e°nntgre^ found by the Receivers to belong to any person or persons residing have no at. without the limits of this State, and who have no attorney or attor- agent, how neys, trustee or trustees, legally constituted in this State, or which lrty\sr or trustees for public use, shall not come within the purview of this Act.f And Provided also, that no sale which shall be made under and property this Act, of the property of orphans (having no guardian or trustee) unrepreTent- shall have any effect. ed- And whereas, it has happened, and may frequently happen, that between the day of receiving the returns, and the day appointed for the payment of the said tax, many persons have left the district in which they reside, and have been returned by the Collectors as in¬ solvents, who had no property upon which the Collector could levy and distrain : 13. Sec. XIII. Be it therefore enacted, Sfc. That the Collector ^ in every County shall be obliged to lay before the Grand Jury of msoWents each County a list of such insolvents as may be in such County or grandly. Counties, on oath, who shall allow or disallow the same.% 14. Sec. XIV. The taxes imposed by this Act, shall be preferred tjlxesprefer- ii • i • i , ii- ed to all oth- to all securities and incumbrances whatever and m case any per- er debts, son or persons coming under the notice of this Act, shall die between Actors inCc°£ the time of giving in his, her, or their returns to the Receiver or Re- personserdia ceivers respectively, and the paying of his, her, or their tax; and any goods or chattels of the deceased, to the value of the sumcome due- taxed, shall come into the hands of his, her, or their executors or Duty of exec- administrators, or executors in their own wrong, such executors or ministrators tu such cases •But see sec. 116. fSee "University," sec. 11 and note. See "Academies," sec. 1. JAnd see sees. 52, 57, 58, 66, 68, 69, 70, 71. (1.) Taxes due the state are a generallien on all the property of the debtor, attach¬ ing on the 1st of January in each year. 8 Ga. 479. 134 1050 TAX—1801. Taxes due by Estates—Persons absconding—Void Deeds, &c.—lvenioving^'.yd. administrators shall pay the same by the time before limited, prior to all judgments, mortgages, or debts whatsoever, otherwise a war¬ rant of execution shall issue against the proper goods and chattels of Du^r°f^coi-such executor or administrator; and if any person or persons, bc- ses where tween the time of rendering the account of his, her, or their estate aboutntodrab to the Receiver aforesaid, and the time of his, her, or their paying thei"rdtaxfbe-in die said tax, shall be about to depart the County in which lie, comes due. she, or tliey may have immediately then preceding resided ; the said Collector or Collectors is, and they are hereby directed and required forthwith to levy the same notwithstanding the day of payment may not then have arrived, unless such person or persons shall and do find security to be approved of by the said Collector or Collectors t re¬ spectively, for the payment thereof at the day herein appointed. Deeds of sift 15. Sec. XV. All deeds of gift, conveyances, mortgages, sales avoul6 taxes, and assignment of goods, lands, tenements, and chattels of any kind, void. 0f aily person whatsoever, made with an intention to avoid paying MortRaRee to the aforesaid taxes, are hereby deemed and declared null and void; pay taxes, if ' j ' mortgagor and in case any person who has mortgaged estate, real or personal, oes not. negiect or refuse to pay the tax of the same, the mortgagee shall state's titic.be liable to pay the same.—Provided, that no such sale for taxes un¬ der this Act, shall tend to affect the State's title to any property mort¬ gaged or secured thereto. treasurer to lb- Sec. XVI. The Treasurer for the time being be, and lie is hereby empowered and required to grant executions against all for- coiiictfw1'8 mer Collectors of taxes, who are or may be defaulters, immediately and to maice after the passing of this Act; and he is hereby required and directed of athgene"ai to proceed and to prepare the form of a general return to be made by P®tiyg"s[orre'the respective Receivers of tax returns, to be approved of by the Governor, and transmitted by the Treasurer without delay to the aforesaid Receivers of tax returns.* [See sec. 115.] where no 17. sEC> XVII. Where the Collector of the County finds no property is . . J . found in one property real or personal therein of persons in arrears to satisfy the may"betax due by this Act, such Collector is hereby authorized and required enmanotirrgep s0 0f property of the person neglecting to pay as aforesaid, as may be situate in any other County or Counties, as will satisfy the said tax, and arrears of tax as aforesaid, without further notice than his giving twenty days' previous publicity of said sale, Collectors' by advertisement in one of the gazettes of this State ; and the Col- in^and'sli-" lectors shall be allowed the sum of fifty cents for each execution Eng. levied, and five per cent. 011 the amount of all sales. Persons re- 18. Sec. XVIIL Every person or persons refusing or neglecting neglecting to to give in a list of his, her, or their taxable property, agreeably to onheirtax-1 the directions of this Act, shall forfeit and pay for every such neg- —wnat shaft lect the sum of one dollar for every free male above the age of twen¬ ty ^ndpeho\vty-°ne years; and the sum of one dollar for every negro; the sum recovered of eighty cents on every hundred dollars value of every lot, wharf, and applied. ^ other iatlc[s not herein already enumerated ; and on all buildings within the limits of any town, village, or borough within the same, to be paid by the master or owner thereof, and to he recovered by *As to banks and other corporations, see State Officers, see. 9 ; and further as to Col¬ lectors, Sheriffs, &c., State Officers, sees. 14, 16, 18, 19, 47, 69. See sec. 115 of this title. TAX.—1804. 1051 Goods brought in the State—Defaulter's return—Money receivable. bill, plaint, or information, before any Court of Record; the one half thereof to go to the informer, and the other half to the use of the County where such information is made, except where the pros¬ ecution is carried on by presentment, and in that case the whole shall be applied to the use of the County: Provided always, that Limitation such information or presentment be made within twelve months af-of 12 ,n09- ter such neglect or default.* And whereas divers persons, non-residents of this State, import large quantities of goods, wares, and merchandise, and evade the payment of taxes, by not being in this State at the time usual'y pre¬ scribed for making returns for taxes; for remedy, 19. Sec. XIX. Be it enacted, That any non-resident, who Duty of the shall expose to sale any goods in this State, shall on his arrival, or to'pTraona3 within seven days after entering the same, make returns on oath to wh<; br'"S J ^ goods into the Receiver of taxable returns, and give security to the tax Collector the state, af. to pay the same on or before the time prescribed for paying the taxes for returning imposed by this Act: Provided, that such goods shall not be liable thein" to pay the tax when they may be exported, or placed in the hands of a vendue master, to be actually disposed of by him or them ; and on failing to comply as aforesaid, it shall and may be lawful for the tax Collector to proceed against him or them, in like manner as against persons about to remove out of the country. [Sec. 14.] 20. Sec. XX.* Where any person or persons, who may be a defaulter defaulter, shall go to the Clerk of the Superior]- Court of his Coun- "o^hf merit ty, and give in a list of his property upon oath, in the same manner hiJdut^>urt" as ought to have been given to the Receiver, such person or persons tlierein* shall be exonerated from the pains and penalties of this Act, and each person shall pay to such Clerk for taking such list the sum of fifty cents; and every such Clerk shall return to the collector of his County, on or before the first day of December, 1805,J a true list of such property, and also transmit to the Treasurer a return thereof, on or before the first day of February following. 21. Sec. XXI. The tax imposed by this Act shall be paid and What kind collected in specie, bank bills of the United States,$ or of the differr be recei ved ent branches thereof; Governor's,President's, and Speaker's warrants,fortaxes- agreeably to the order of the present Legislature, and nothing else, |[ and No judicial no replevin shall lie, or any judicial interference be had, in any levy or distress for taxes under this law, but that the party injured be left to a»y levy un- V- J. /-, „ /> 1 der law' his own proper remedy in any Court of law. And whereas, in conformity to the tax law of 1795, many persons had returned their lands in the County where they lie, but have since taken advantage of the law of 1795, and paid the taxes in the Coun¬ ties where they reside, and the Collectors still stand charged with the amount of the returns so made : 22. Sec. XXII. Be it enacted, That the Treasurer be, and thetrcasu- he is hereby directed and authorized to credit any Tax Collector with ed'tT'crelilt the amount of returns made of land by persons residing in other co,|e?to" J 17 0 certain cases ♦But see sec. 39, repealing this section in part- fInfirior Court, sees. £0, 40. J Annually, sec. 30. ^Charter expired 3d March; 1836. ||Bnt see, under " Banks and Banking," various Act, authorizing the receipt in pay. Daent ox taxes, of the bills of all specie paying bank3, 1052 TAX —ISO I. False returns—Defaulting Collectors. Counties: Frovided, such Collector shall make oath that such tax¬ es have not been paid to him, and the Treasurer shall make returns of all such lands to the Collector of the County where the owner, trustee, agent, attorney, or guardian may reside, requiring such Col¬ lector to show whether the taxes have or have not been paid to him, and if not, the said Collector is authorized and required to proceed against such owner, agent, trustee, or guardian as in cases of de¬ fault. penalty for 23. Sec. XXIII. Any Receiver making a false return, exprcss- mawnlfaise ive of more or other than is to him given in, shall forfeit and pay to r"or coi-the pai'ty aggrieved a sum equal to double the amount of the taxes m^ndfnde" on ^ie ProPei'ty" so illegally returned ; and any Collector demanding more "hln any other or more tax than by this Act is imposed, according to the legal tax. reSpective returns, shall forfeit and pay to the party aggrieved, for every such offence, fourfold on the sum so unlawfully received, to be recovered before any jurisdiction having cognizance thereof; and sheriff's ^ shall be the duty of the Sheriffs of the respective Counties, to ex¬ ecute all executions and other process issued by the Treasurer against officers appointed by this Act, under and by virtue of the same. Collectors in 24. Sec. XXIV. In case any Collector of taxes for any County to'bepV™ in this State, shall not settle his accounts with the Treasurer, and against. pay in the amount of his collection, by the time pointed out by this Act, the Treasurer shall publish in one of the gazettes of this State a notification, requiring all and singular the Tax Collectors who may be in arrears, to come forward and settle their accounts, and pay the balance they may respectively owe into the Treasury, within two months from the date of such notification, which shall be regularly published six weeks successively,* stating the sums due by such Collectors, their names and securities ; and in case of failure to malcc settlement, and pay in the moneys as aforesaid, the Treasurer is au¬ thorized and directed to issue his execution against every Collector sheriff's du. so in default, directed to all and singular the Sheriffs of this State, ty herein. transmit it to the Sheriff of the County for which the Collector is appointed, who is required to levy the same immediately, if there is any property of the defendant's in the County, if not, to transmit the same to any other County where the defendants, or either of them, may have property, and the Sheriff of such other County is Execution in like manner to levy the same, and no execution issued by the by death of Treasurer in manner herein prescribed, shall be stayed by reason of deiendant. t^e 0f tjie sapj Collector or his securities, as to the sum due or the legality of the execution.! Collectors, 25. Sec. XXV. The Collectors of the several Comities shall, before they before they receive the taxes from defaulters in their respective Coun- taxes'Vfde-ties, ascertain and enter in a book to be kept for that purpose, the fauiters.; taxable property in default, and the amount of taxes due by such defaulter, an exact copy of which book or digest they shall transmit to the Treasurer, and another copy shall lodge with the Receiver of taxes of said County, who shall add the same to the digest previous to such Collectors receiving the taxes from such defaulters and in * And see sec. 46. fSee "StateOfficers," sec. 16, 18,19, 47, 67. TAX.—1804. 1053 Duty as to defaulters—Sheriff to give possession—Agents' returns—Sheriff's duty. case any Collector shall attempt to receive the taxes, or any part Penalty for thereof, from such defaulter or defaulters, before he shall transmit the duty!ms thls aforesaid digest to the Treasurer and Receiver as aforesaid, he shall forfeit double the amount so received, to be recovered by execution to be issued by the Treasurer as in cases of default, on information thereof to the Treasurer. 26. Sec. XXVI. All former Collectors in default, shall within former coi- sixty days after the passing of this Act, return a digest to the Treas- urer, and another to the Receiver, of all moneys received, or which make out a digest of mo- they may receive from defaulters as aforesaid, in the manner herein neys by them pointed out, and on failure thereof shall be subject to execution, andreceived" the penalties which Collectors under this Act are subject to. Sec. XXVII. [Repealed. Vol. II. 663.] 27. Sec. XXVIII. It shall be the duty of the Sheriffs of the sheriff to respective Counties of this State, and they are hereby authorized 0Pf0Spsre0p. and required, when a sale shall have taken place under and by vir- «ty soid^ tue of an execution issued by the Treasurer of the State, under the sess by force directions of this Act, against any defaulting Tax Collector, and the possession.1" property of such defaulting Tax Collector shall have been sold for moneys due the State, to deliver the possession of the property so sold to the purchaser or purchasers thereof; and if the said defaulter or any other person or persons who may be in possession of the said property so sold, shall refuse to deliver up the same upon being called on by the Sheriff of the County for that purpose, it shall be the duty of such Sheriff, and he is hereby required to dispossess the said defaulting Tax Collector, or any other person or persons who may be in possession of the property sold, and deliver the same to the purchaser or purchasers thereof, their agent or attorney, for which purpose, if needful, he shall call on the commanding officer of the militia of the County where the property is situated, to render the necessary assistance, who is hereby required to order out the same.* 28. Sec. XXIX. [This section re-enacted by Act of 1816, Vol . Agents may III. S87, in the following words, viz :] " It shall be lawful for any ™?urnshiCnr agent to return any property to the Receiver of tax returns, and pay the taxes due thereon to the Tax Collector of the County in which reside- such agent resides." 29. Sec. XXX. It shall be the duty of the Sheriffs in each Duty of County, to receive from the Tax Collector therein all executions that exeaaionV0 may be tendered to him for taxes, and to levy and collect the same, theim'y'coi- and to make due returns to the said Collector within thirty days af- and , ■ r i ■ i i • i • n tlle,r fees in ter the receipt of each execution, where personal property is levied such cases. on, and where it shall be real estate, sixty days ; for which the said Sheriff shall receive such pay as by law is directed in cases of Tax Collectors' executions, levies and sales, and in case of default or neglect of duty, the Justices of each Inferior Court shall from time Duty of the to time, on the application of the Tax Collector, make such rules fncarrying and regulations as shall cause a due execution of the collection of the general and County tax in each County as aforesaid.f *Sce " Judiciary," sees. 176, 184 ; and see sec. 45 of this title. fAs to County tax, see sees. 46, 72, 1054 TAX.—1805->07. Return to Clerk by defaulters—Digests of Receivers—Tax on Stallions. An Act to continue in force the foregoing.—Approved Dec. 4, 1805. Vol. II. 254. cierks of the 30. Sec. II. Clerks of the Superior Courts shall not be at liber- to receive18' W to receive anY return taxable property as directed in the before nudut'y recited Act; but it shall be the duty of the Clerks of the Inferior therein. Courts in the different Counties, at any time before a digest of the taxes shall be completed, (and not after,) on application on oath, which shall be the same and administered by the said Clerk, as pointed out in the Act aforesaid, and shall keep a regular list of the names and property of the person or persons so giving in, and by him to be returned in the digest deposited in his office, and a certi¬ fied copy to the Receiver of tax returns, by him to be entered in the books to be put in the hands of the Collector, and deposited in the Comptroller's office. Sec. III. [Relating to bank stock—superseded.] Collectors 31. Sec. IV". The Collectors of taxes for the Counties of Wayne, er.sshauCgive Wilkinson, and Baldwin, shall give bond and sufficient security asfol- wayney,wii-lows : For the County of Wayne, in the sum of $1,000; Wilkin- Baidwin.*1"1 son, $4,000 ; and Baldwin, $5,000; and shall subscribe and take the oath, as laid down by the said Tax Act; and the Receivers of tax returns for the said Counties shall give bond and sufficient secu¬ rity in the sum of $2,000, to be taken by the Justices of the Infe¬ rior Courts of their respective Counties; and all lands lying within the said Counties shall he subject to the said taxes as other lands of the same quality in the adjacent Counties.* Act of 1807.—Approved Dec. 10, 1807. Yol. II. 392. Sec. I. [Perpetuates the Act of 1804'.] Receivers to 32. Sec. II. It shall be the duty of the Receivers of tax returns threedigests, to make out three digests, and tc deposite one with the Comptroller comptroller General as heretofore, and the other two with the Clerk of the Infe* the aherfdr r*or Gourt; and it shall be the duty of the Clerk, on application of the cierkof the Tax Collector, (he first receipting for the same,) to deliver one of cour"ferior said digests, to enable him to collect the tax therein contained.! stallions 33. Sec. Y. There shall be annually levied and collected upon seasonof all stallions or covering horses, let to mares for hire, a tax equal to one mare, ^ seas011j or price of one mare let to such stallion or covering horse, collectors 34. Sec. VI. In all cases where any stallion or covering horse t'uxyat shall be sent into this State to be let to mares, by citizens or persons mnryth"'eal- resident without the limits of this State, it shall and may be lawful on com- for, and it is hereby declared to be the duty of the Tax Collector of mences. County where such stallion or covering horse shall be let to mares, to levy and collect the said tax at any time after the commencement of the season, and before the close of the same. 35. Sec. YII. It shall be the duty of all persons who shall bring any stallion or covering horse into this State, after the first day of *See sec. 37. fBut see sec. 101. TAX.—1807-'08. 1055 Defaulter's returns—Lottery tickets. January next, to make a return of such horse to the Clerk of the Persons Inferior Court, or Receiver of tax returns; and on failure thereof, stallions into such person shall be subject to the same penalty as other defaulters, g^/them,^ 36. Sec. YIII. The sum of four dollars shall be levied on all free male negroes, mulattoes, or mustizoes, of the age of twenty-one free male years, and under the age of sixty, over and above the taxable prop- ed $4 extra, erty they may be possessed of.* 37. Sec. IX. The tax on all high river swamp, and low grounds, Low grounds on the south side, and adjoining thereto, of the Oconee river, and bet'weenathe on the north side, and adjoining thereto, of the river Ocmulgee, the ocmu7geaend same assessments as by the above recited law [of 1804] is levied on ^®[jj'ertaxed lands of the same quality on the north side of the Oconee; and on lands in the all other oak and hickory land, and pine land, lying between and in State' the fork of the said rivers Oconee and Ocmulgee, the same assess¬ ment as in the other Counties of this State. 38. Sec. X. It shall not be necessary for the Tax Collector of chathamco. Chatham County to go into each district of said County to collect taxes, but the said Collector shall receive the taxes of that County in Savannah only. 39. Sec. XL So much of the above recited Tax Act as relates to Repealing a defaulters failing to make their returns being presented by the Grand of i804.Act Jury, be, and the same is hereby repealed. Act supplemental to the several Tax Laws.—Approved Dec. 22, 1808. Yol. II. 454. 40. Sec. I. In all cases where the owners of taxable property Defaulters to shall be in default for one or more years, and such property hath not ™atht S been seized or sold, it shall be lawful for the owner or owners there- of, his, her, or their agent or attorney, to make return thereof to the Clerk of the Inferior Court, where such defaulter or defaulters, his, her, or their agent or attorney may reside ; and it shall be the duty The clerk's of such Clerk to enter the same in the book or digest of the taxes duty' of the year when such return shall be made, and to furnish the Col¬ lector of such year with a copy thereof, whose duty it shall be to receive the amount of such taxes, and pay the same over to the Treasurer of this State on or before the day of closing his accounts of that year.f 41. Sec. II. There shall be levied and collected, five per centum Lotterytick- on the amount of sales of all lottery tickets in lottery schemes of smTtaxed6 other States, sold or disposed of in this State, for which the person 5 per cent* or persons making sale of tickets shall be answerable.]; 42. Sec. III. It shall be the duty of Clerks of the several Courts Retums-0f where property shall have been or may hereafter be returned by de- made to the faulters, to transmit a copy thereof to the Comptroller General, on or n7nsm?tted before the first day of October in each and every year; and also to compt'rouer6 furnish the Tax Collector for the time being, with a copy of all such General. ♦Five dollars, by Act of 1850, between ages of 18 and 50, sec. 128. fBut see sec. 56. fgee see. do, See also " Lotteries and Gaming," sec, 6, et sc 1056 TAX.—1808-'12, Lion on Collector's bond—Claims—Comity tax—Collector—Sheriff's duty as to Ji.fas. returns as have been made and not heretofore transmitted, as well as those which may hereafter be made ; and it shall be the duty of the Duty of the Collector for the time being, to receive and pay over as aforesaid, all o ecu.r. guck moneyg as raay appear to be due on such returns ; any law to Provisoes, the contrary notwithstanding. Provided, such property has not been assessed with double tax, or noted by the proper officers as be¬ ing in default. And provided also, that such returns and payment of taxes shall not be construed to affect any seizure or sale that has been, or hereafter may be made. Clerk's fee. 43. Sec. IV. The said Clerks shall be entitled to receive the sum of fifty cents for each year on every return so to be made as aforesaid, to be, paid by such defaulter. Act amendatory.—Approved Dec. 8, 1810. Vol. II. 601. property of 44. Sec. I. From and after the passing of this Act, all the prop- and sureties, erty of the Tax Collector and his security or securities, as well for tew bound. tke Qounty as State tax, shall be bound from the time of signing such bond. [And see sec. 63.] liie-ai levy, 45. SEc. II. When any execution may be issued against any how tried —* Tax Collector for taxes due this State, or any County within this State, and when the Sheriff shall levy the same on property claimed by any person not a party to said execution, the same proceedings shall be had thereon, as for the trial of the right of real or personal property within this State : Provided nevertheless, that all such tri¬ als shall be had before the Superior Court of such County wherein such levy was made.* inf. court 46. Sec. III. It shall and may be lawful for any three or more cxecutfons Justices of the Inferior Court of each County within this State, to for .ounty jssue jn their own names, for the use of the County, executions against any Tax Collector and his security or securities, who may be in default for County tax. [Re-enacted with amendments in 1825, and defaulting Collectors made liable to twenty-five per cent. See sec. 86. And see resolution, recommending that lists of Tax Collectors in arrears at the Treasury, be published in the journals of both branches of the Legislature. Pam. of 1832, 274.] No Justice 47. Sec. IV. No Justice of the Inferior Courts within this State Court to act shall hereafter exercise the duties of Tax Collector, or Receiver of or Receiver, tax 1'etUmS. Act of 10th December, 1812. Vol. III. 144. Duty of 49. Sec. I. The several Sheriffs within this State, who have or may hereafter have in their possession any execution or executions ccutions. issued by the Treasurer of this State, against any Tax Collector, shall, and they are hereby required to levy the same, and collect the amount or amounts thereof, in the same manner as pointed out by *Extended to all cases. See sec. 97, TAX.—1812. 1057 Receiver's duty as to defaulters—Insdlvent lists. law for the collection of executions issuing out of the Superior or Inferior Courts of this State. 50. Sec. II. If any Sheriff as aforesaid, shall fail to levy and in case of Ms collect the amount of any execution so issued as aforesaid, or to ac- hisduty,how- COUnt with, or pay over the same to the Treasurer when thereunto tobe'pro?18 required, then and in that case, it shall be the duty of the Attorney*®^ and or Solicitor General within the several Judicial Circuits of this State tjje ^utyor at the request of the Treasurer, to apply to the Judge of the Supe-and solicitor rior Court during the session of the said Superior Court, or in vaca-cales! tion, of the district wherein such delinquent Sheriff may reside, for a rule against such delinquent Sheriff, to show cause why an at¬ tachment should not be obtained against him, on the usual terms, for neglect of duty. [See sec. 77.] 51. Sec. III. It shall be the duty of the Judges of the Superior judges of Courts on application to grant such rule, and make such order as in courStUtoenor their opinion is best calculated to compel the payment of any mon- dl^toForn¬ eys collected or to be collected by Sheriffs as aforesaid; and that all p®1 paym'nt- moneys collected under and by virtue of this Act, shall be paid into the hands of the Attorney or Solicitor General appointed for the Circuit, when the said moneys have or shall be collected, and be by them respectively transmitted to the Treasurer of this State. [See sec. 77.] Tax Act, 1813.—Approved Dec. 10, 1812. Vol. III. 870. 52. Sec. II. The Receivers of returns of taxable property shall receivers' in the manner and at the times pointed out by the afore recited Act defLuerL [of 1804] receive the returns of taxable property of all persons lia¬ ble to pay a tax, until the first day of May,* 1813, and shall imme¬ diately thereafter proceed to assess a fourfoldf tax on the property of all such persons as shall then have neglected or refused to have made return of their taxable property, and in assessing such tax the Receiver shall be governed as to the property owned by the default¬ er, by such information as he may be able to obtain from the neigh¬ bors of such defaulter, or by the return on the digest in the Clerk's office, made by such defaulter for the preceding year ; and it shall be the duty of the Receiver of returns of taxable property, previous to finishing his digest, to annex thereto the names of the defaulters, and the amount of tax assessed in the manner hereinbefore pointed out, due by each ; and the Receiver shall be entitled to five per cent, on the amount of tax assessed on defaulters, as well as on the amount of the tax on tho^e persons making regular returns;]; and the tax thus as¬ sessed on persons neglecting or refusing to make return of their tax¬ able property, shall be by the Collectors collected and paid into the . Treasury without any abatement, except such as shall be recom¬ mended through a Grand Jury on account of the insolvency of any * First of July. See sec. 101. fDouble tax. see sec. 60. See also, sees. 113, 120. JBut see sec. 116. 133 1058 TAX—1812. Collectors' account with treasury—Digest. Grand Jury person who may be so taxed : Provided, that on application to the leases of6 Justices of the Inferior Court of each County, or a majority of them, Andthe'inf. have power to remit such fourfold tax* so assessed as aforesaid, court in ca-if it should appear to them that the person or persons so assessed ity to make have not had an opportunity to make their return agreeable to the return. directions of this Act.f [But see sec. 54.] no receiver 53. Sec. III. No Receiver of returns of taxable property shall an^part of reciye from any Collector any part of his commissions until he shall hiscomrais- have produced to the Collector the Comptroller General's receipt for sinus uiitu > i i he produces the digest of taxable property required to be deposited in his office, tVoiieiTre- in which receipt shall be specified the amount of commissions due must'specify such Receiver,]; and no Collector shall be allowed a credit at the due unt Comptroller General's office for the commissions of any Receiver un¬ til he shall have produced to the Comptroller the receipt given by him to the Receiver for the digest as aforesaid, with the receipt thereon of the Receiver for the amount of his commissions as there¬ in specified. collectors, 54. Sec. IY. The Collectors of the tax imposed by this Act howntoa"c- s^all Pay int0 the Treasury the amount with which they stand count with charged in the Comptroller General's office, after deducting theirs the treasury, ° , 1 . 7 . and the Receiver s commissions,]; and the amount of their insolvent lists, and shall close their accounts on or before the first day of De- or execution cember, 1814 ;<§> and if any Collector shall fail to close his account »haii issue. ^ tjie t-me afiove Specifxed, it shall then be the duty of the Treas¬ urer and Comptroller General immediately to issue execution against him and his sureties for the balance which shall appear by the Comptroller General's books to be due on the said first day of JDcr cember 1814,^ which balance shall bear an interest of eight |ferv' cent, per annum, and the execution thus issued shall direct said in- Proviso. terest to be collected accordingly :[| Provided, that in the Counties where Receivers and Collectors are not regularly appointed, the Treasurer and Comptroller shall, previous to charging such Collect¬ ors with interest, ascertain from the dates of their appointments whether they have had the same length of time to collect the taxes as is allowed Collectors regularly appointed, fieceivers to 55. Sec. Y. The Receivers of returns of taxable property shall, the1 collect- 011 or before the first day of August, 1813,** deliver to Collectors a cw a digest digest of the taxable property of the Counties for which they are respectively appointed, under the penalty of incurring the fine for nonperformance of that duty, imposed by the Act herein first recitedjff and the Collectors may immediately on the receipt of such digest, i0provided, they have been duly commissioned, and have given bond cording to and qualified agreeably to law, proceed to collect the tax therein as- n'ec. 1804 sessed, giving however the notices required by the said first-recited Act ;ff and the time of advertising the Collector's sales, and the days on which they shall take place, shall be the same as ar6 prescribed by *Butsee sec. 110. +Sec also sees. 13, 57, 58, G6 to 71. JSee sec. 116. § Annually, see sec. 101. Ils'ee Resolutions G Dec. 1813, (Vol. III. 1121) and of 1310, (lb. 1231,) and of 1832, (I1 am. 271) as to defaulting Collectors. * "First day of July. Sec. 101. frSeesec, 5, TAX.—1812-'13. 1059 Collctors' Sales—Insolvent list—Receivers' duty—Double tax. law for Sheriff's sales: Provided, that such Collector in all cases collector's where they, or either of them, shall levy or distrain on any Used as sae- personal property, for the collection of a poll tax only,# that it shall e'^ept for' be his duty to advertise the property so levied upon as aforesaid in p®"1 three of the most public places in the Captain's district, at least fif-tisedmthose teen days previous to such intended sale, wherein such defaulter resides or may have resided at the time of giving in his return to the Tax Receiver, and his property shall be sold under the same re¬ strictions as are heretofore pointed out by the tax law now in force. 56. Sec. VI. No Tax Collector shall proceed to collect any tax Collector due from any individual which he was authorized to collect agreea- ceed to col- ble to law, by virtue of his appointment, after the expiration of two year3 years: Provided, sufficient property can be found in the County wheresu® mislaid, a copy of said bond, certified by the Clerk to be a true copy,used' shall be held good in the place of the original. Ail Act to raise a tax for the support of Government for the political year 1824.—Approved Dec. 20, 1823. Yol. IY. 421. Sec. I. [Revival. See note at the beginning of the title.] Sec. II. [Half of tax to be retained by Counties.] Sec. III. [Collections previously on insolvent lists also.] An Act further defining the duties of Collectors of taxes.—Approved Dec. 9, 1824. Yol. IY. 422. [Tax Collectors required to furnish at elections, lists of those who had not paid their taxes, that illegal votes might be known and re¬ jected. Repealed Dec. 14, 1826. Yol. IY. 423.] An Act to raise a tax for the support of government for the year 1825. Approved Dec. 18, 1824. Yol. IY. 421. [Sec. I. Revival. Sec. II. Half to the Counties. Sec. III. Gives to the Counties the proceeds of the insolvent lists.] 83. Sec. IY. In all cases where execution shall be issued by tax levies on Collectors, and levied by any Sheriff or deputy Sheriff, or any Con- ^o^rty!8 stable, on perishable property, the said Sheriff or Constable shall ad- ^nddv^"jamg vertise the same in three of the most public places in the said dis¬ trict only, and be allowed the same fees as Constables are authorized for levying executions, [Sec. Y. Gives to Columbia County academy out of the general tax, $500. See. Yi. Gives annually to the incorporated managers of the Free school, $1,000 ; and to the Savannah Free school, $500. Sec. YIX. Re-enacted.] Land Lottery Act.—Approved June 9, 1825. Yol. IY. 253. 84 S r:c. XXI. And all persons who shall draw lauds in the lot- Lnn-xtMcd, Whctl'AT tery authorized by this Act* slmll, whether the same be granted or granted or not. ♦Embracing the lands between the Flint and Chattahoochee rivers, as far down as the Counties of Lee and Randolph inclusive. Same clause in Lottery of 1830, sec. 2-J, embracing all the Cherokee lands. 134 1066 TAX.—1825-'28. Aged persons—Defaulting Collectors as to County Tax. not, pay taxes thereon, at the same rates as for other lands of simi¬ lar qualities, uutil they shall relinquish the same to the use of tljie State, by writing, to be filed in the office of the Secretary of State. An Act to raise a tax for the support of government for the year 1826.—Approved Dec. 24, 1825. Yol. IV. 422. [Sec. I. Revival. Sec. II. Half to the Counties.] exempted'119 From and after the passage of this Act, all free male white persons of sixty .years of age and upwards shall be, and they are hereby exempted from paying poll-tax. [See sec. 106.] Sec. IV. [$500 to Columbia Academy.] An Act to require the Collectors of taxes to pay over the moneys col¬ lected by them for County purposes to the proper authority, and to authorize the Inferior Court of any County to issue execution against defaulting Tax Collectors.—Approved December 24, 1825. Vol.* IV. 422. Execntinn ^ 86. In all cases where there may be any tax due to the County coiiecCrand in the hands of the Collector of any County, and collected by the tax Collector of any County, and not paid over to the proper author¬ ity on or before the first Monday in December next after the same may be collected in every year, the Justices of the Inferior Court, or a majority of them in each County, be, and they are hereby author¬ ized immediately to issue execution against any tax Collector and his securities so neglecting or refusing to pay over such tax.*1 % per cent. 87. Sec. II. Any Collector of taxes, who shall fail or neglect to pay over such taxes by the time specified in the preceding section, shall be liable to pay interest at the rate of twenty-five per cent, on the amount not paid over, which shall be required in the execution issued as aforesaid. An Act to impose, levy, and collect a tax for the political year 1829, on property real and personal, and to inflict penalties fur failing or neg¬ lecting to comply with the provisions thereof; and also appropriating one-half thereof to each County of its own tax, for certain purposes therein expressed, to wit: for the improvement of public roads, bridg¬ es, Sfc. ; and to direct who shall be the holder of the one-half reserved to each County ; and for other purposes.—Approved Dec. 22, 1828. Yol. IY. 424. [Sec. I. Revival of former Acts; see note at the beginning of *See ante, sees. 46, 72. [1.] If the Collector is acting icithout due authority, an execution cannot issue against him under this Act. 3 Kelly. 233. TAX.—1828-'30. 1067 Lands taxed—Brokers, private bankers, &c. the title. Sec. II. Half to the Counties. Sec. III. and IV. Brokers, private bankers, exchange merchants.] 88. Sec. V. The tax on all high rivers, swamp, and low grounds certain 011 the west side and adjoining thereto of the river Ocmulgee, also on and\a"'d on both sides of the Flint river, and on the east side of the Chatta¬ hoochee, and the lands adjoining thereto, up to where the boundary line dividing this State and the State of Alabama comes on said river, be the same assessment as by the Act of 1804 is levied on lands of the same quality on the Oconee river; and on all other oak and hick¬ ory land and pine land lying between the rivers Ocmulgee, Flint, and Chattahoochee, be the same assessment as in other Counties in this State; and all the lands which lie on both sides of the Chatta¬ hoochee, above the corner specified above to the head waters thereof, and on all the land which lies on the west side of the Tugalo and Chattooga rivers above what is known asHawkin's line, and all oth* er oak and hickory land, and other land of the third quality which lies between the said rivers Tugalo and Chattahoochee, shall be as¬ sessed as the land on Tugalo river, from the junction of Broad river with said Tugalo river to the above-described line ; and all other mountainous land of the fourth or last quality, which lies between the said rivers and the present Cherokee boundary line and the line of the Alabama, shall be assessed at half a mill per acre. An Act to impose, levy, and collect a tax for the political year 1830, on property, real and personal, and to inflict penalties for neglect¬ ing or failing to comply with the provisions thereof.—Approved Dec. 21, 1829. Vol. IV. 425. [Sec. I. Revival. Sec. II. III. IV. V. Brokers, &c. VI. Half to the County. VII. Duty of Justices to return lists, supersed¬ ed.] An Act to impose, levy, and collect a tax jor the political year 1S31, on property real and personal, and to inflict penalties for neglecting or failing to comply with the provisions thereof.—Approved Dec. 23, IS30. Pam. 200. [Sec. I. Revives the Act of 1825. Sec. IV. Half to the Coun¬ ties. V. Duty of Justices to return lists.—Re-enacted.] 89. Sec. II. All brokers, private bankers, or exchange merchants, Brokers, or firm, or firms of brokers, private bankers, or exchange merchants, banked, &c. and their agents in this State, shall during the month of January, ["wj1* 1831, respectively return on oath, to the Receivers of tax returns ofMch$iooon the respective Counties of this State, where he or they shall reside of their bu- or do business, the maximum amount of capital which he or theysmess" employ, or intend to employ, in their said business at any time dur¬ ing said year, and the said brokers, private bankers, or exchange merchants, or firm or firms of brokers, exchange merchants, or their 1068 TAX.—1830-31. Penalty for default—Brokers, private bankers, &c. agents, shall pay a tax of thirty-one and a quarter cents* on every hundred dollars of capital so returned, to be levied and collected by the Tax Collectors of the respective Counties, as in other cases: Provided, That in all cases under this section, where a firm shall be required to make a return as above specified, that a return by one member for, and in behalf of the firm to which he belongs shall be deemed sufficient. [Re-enacted sec. 90.] brokes'"8 90. Sec. III. If any person or persons, (except the incorporated bankers',&c.banks of this State,) shall be found after the first day of February eubjectto . '' mm i • • /• 1 i penalty of next, and during the said year 1831, doing the business of a broker, ®500' private banker, or exchange merchant, or as their agent, without having made the return required by the second section of this Act, it shall be the duty of the Receiver of tax returns for the County where said broker or brokers, private banker or bankers, exchange merchant or merchants, or his, or their agent or agents, may reside, or do business, to return said broker or brokers, private banker or bankers, exchange merchant or merchants, or his, or their agent or agents, as defaulters, who shall pay a tax for said year of five hun¬ dred dollars, to be levied and collected by the Tax Collector as in other cases, or by a capias ad satisfaciendum. [Re-enacted in 1831 with $5,000 penalty. This section revived in 1832 and annually since.] Sec. VI. [Reduces taxes 25 percent.] Tax on 91. Sec. VII. All venders of lottery tickets, other than those au- ikkou, thorized by the laws of this State, shall pay a tax of thirty-one and one-fourth cents, on every hundred dollars' worth of tickets, by them vended, and a failure so to do, shall be subject to the same pen¬ alties, as brokers are subject to by this Act. An Act to impose, levy, and collect a tax for the political year 1832, on property real and personal, and to inflict penalties Jor neglect¬ ing or failing to comply with the provisions thereof—Approved Dec. 26, 1831. Pam. 227. [Sec. I. Revival of the Act of 1825. Sec. II. Half to each County. Sec. III. and IV. Brokers, &c.] 92. Sec. III. All brokers,! private bankers, or exchange mer- rCk, r,, ice. chants, or firm or firms of brokers,! private bankers, or exchange mer- 7i'jo chants, and their agents in this State, shall, during the month of Jan¬ uary, 1S32, respectively return on oath, to the Receivers of tax re¬ turns of the respective Counties of this State, where ho or they shall reside, or do business, the maximum amount of capital which he or they employ or intend to employ in their said business, at any time during said year, and the said brokers, private bankers or exchange merchants, or firm or firms of brokers, private bankers, exchange merchants or their agents, shall pay a tax of forty cents, on every hundred dollars of capital so returned, to be levied and collected by the Tax Collectors of the respective Counties, as in other cases: *See sees. 92, 99. ■[Superseded as to brokers, see sec. 99. TAX.—1831-'34. 1069 Justices of the Peace to make return lists. Provided, That in all cases under this section, where a firm shall be Proviso, required to make a return as above specified, that a return by one member for and in behalf of the firm to which he belongs, shall be deemed sufficient. Sec. Y. [Reduction of 25 per cent.] An Act to impose, levy and collect a tax for the political year 1833 ; on property real and personal, and to inflict penalties for refusing or neglecting to comply with the provisions thereof.—Approved Dec. 24, 1832. Pam. 182. 93. Sec. I. [Revives the Act of 1825. See note at the begin¬ ning]—subject to a reduction of fifty per cent, on the amount of tax required by the said Acts. [Sec. II. Revives certain sections of former Acts, see table. Sec. III. Half to the Counties. Sec. IV. Books, maps and charts, see Peddlers, Sec. 13.] An Act to impose, levy a,nd collect a tax for the political year 1834, on property, real and personal, and to inflict penalties for refusing or neglecting to comply with the provisions thereof—Approved Dec. 24, 1833. Pam. 311. Sec. I. [Revives the Act of 1825, subject to a reduction of 50 per cent, as in the last Act. Sec. II. Revives certain sections of former Acts, see table at the beginning of the title.] 93. Sec. II. [Assigns half the taxes to the Counties]—and it is hereby declared to be the duty of the Justices of the Peace, in each »wra Captain's district in this State, to make a return to the Receiver of tax returns of all persons liable to pay taxes in their respective dis¬ tricts, on or before the first day of May next, and in each and every year thereafter, any law to the contrary notwithstanding.* Sec. IV. [Revives the 4th section of last year's Act, exempting maps and charts from taxation. Sec. V. Taxes all profitable invest¬ ments of money except in planting and merchandize—repealed next year.] An Act to impose, levy, and collect a tax for the political year 1835, on property real and personal, and to inflict penalties Jor rejusing or neglecting to comply with the provisions thereof—Approved Dec. 20, 1834. Pam. 232. Sec. I. Revives the Act of last year, except the 5th section. Sec. II. Repeals the 5th section.] •See sec. 95. 1070 TAXc^-lBSd-^. Church laud exempt. An Act to alter and amend an Act regula ting the commissions of tax Receivers and Collectors in the several Counties in this State.— Approved Dec. 22, 1834. Pani, 233. [Superseded by Act of 1845, sec. 11 6. An Act to be entitled an Act to authorize each County in this State to retain the general tax for the years 1835 and 1836, to be ap¬ plied by the Inferior Courts Jor County purposes.—Approved Dec. 22, 1835. Pam. 281. Sec.. I. [Inferior Courts of each County authorized to retain the general tax of this Stale, for the years 1835 and 1836, for County purposes.] Sec. II. [Tax Collectors of each County auth orized to pay over the money to the County Treasurers.] An Act to impose, levy and collect a tax for the political year 1S36, on the property, real and personal, and to inflict penalties for re¬ fusing or neglecting to comply with the provisions thereof.—Ap¬ proved Dec. 24,1835, Panj. 280, [Revives Act of 1834.] An Act to exemptfrom taxation the lots or parcels of land on which the churches of the different denominations in this State are situated.— Approved Dec. 23, 1833. Pam. 47. Churchlands 94. From and after the passage of this Act the lots or parcels of land taxation'/0"1011 which the churches of the different denominations in this State and the burying grounds attached thereto are situated, shall not be subject to be taxed : Provided, the lots or parcels so claimed by said churches shall not exceed five acres. Sec. II. [Repeals all conflicting laws.] An Act to impose, levy and collect a tax for the political year 1S37, on property real and personal, and to inflict penalties for rr' first year, trebly taxed for the second year, and increasing in the same ratio each year, until a return is made; and if any person make a false or partial return, a double tax shall be assessed by the Justices raise return, of the Inferior Court of the County in which such false or partial return is made,or [on] report of such fact to them by the Receiver of tax returns, and at least three days' notice to such person, by order of the Justices of said Court, on failure to 114. Sec. Y. Whenever, in any County, there shall be a failure to or C., the elect a Receiver of tax returns, or Tax Collector, or both, or from any the infeaor other cause, digests Will probably not be returned in due time, it shall appoint! ^e the duty of the Justices of the Inferior Court, or a majority of them, to assemble forthwith, and notify the Governor of such prob¬ able failure, and appoint some proper person or persons to fill such vacant office or offices, who shall qualify before them, and enter upon the duties of his office upon giving to said Court a bond, with securi¬ ties, executed in a proper form, and for a proper amount.f Eianic 115. Sec. YI. It shall be the duty of the Governor to furnish digests. ^ several Receivers with blank forms, by which they shall make out their digests, and each digest, when so returned, shall be uni¬ formly bound and labeled. C'mmissions 116. Sec. YII. The following rates of commissions shall be al- aLfcoTiIc!s lowed on the net amount of each digest, to each Receiver and Col- tori' lector, to-wit:J On all digests over $20,000—3 per cent. " " " " 10 and under $20,000—4 per cent. " « « U 6 " " 10,000—5 " " ' *But see sec. 13 i. +As to mode of election, see " County Officers," sec. 10. TAX.—1845. 1077 Highest amount of bank stock—Correction of Errors. u On all digests over 4 and under 6,000—6 per cent. " " " 3 " " 4,000—7 " " « « u 2 " " 3,000—8 " " « a u 1 u a 2 000 9 u u " " under 1,000—10 " " Sec. YIII. All laws and parts of laws in relation to taxes, now consistent of force, not inconsistent with the provisions of this Act, and neces- ueTiiTforcei sary to carry it fully into elfect, be and the same are continued in full force and effect. An Act to com,pel the Banks of this State to pay a tax on the highest amount of Bank Stock hereafter returned by them as subject to taxation, within the limits of their respective charters.—Approv¬ ed Dec. 27, 1845. Pam. 53. 117. S ec. I. Be it enacted, That hereafter, when any bank of holiest am't of ]l'k stock this State shall return to the Treasury the amount of bank stock as to be re- subject to taxation, such bank thereafter shall not be permitted to re-tumed* duce said bank stock, but shall be compelled to pay tax on the high¬ est amount of such stock so returned as subject to taxation, within the limits of their respective charters. Provided, nothing herein contained shall be so construed as to prevent such banks as are now authorized by law to reduce their capitals, so to do according to such laws. t- Sec. II. All laws militating against the provisions of this Act be, and they are hereby repealed. An Act for the correction of eirors committed by Receivers of Tax Returns in receiving taxable property, or in assessing the taxes payable thereon.—Approved Dec. 25, 1845. Pam. 52. Whereas, it frequently occurs, that the Receivers of taxable prop¬ erty in the several Counties in this State, in taking the quantity or quality of property returned as taxable, or in assessing the amount of taxes thereon, [make mistakes ;J for remedy whereof, 118. Sec. I. Be it enacted, Spc. That whenever it shall be made errors to be appear to the satisfaction of the Grand Jury of any County of this eompt. Gen. State, after the Receiver of tax returns has made out and returned his uourtj'on10* digest of the taxes of said Connty, that said Receiver has commit-jeac?™n^n- ted an error in making an entry of either the quantity or quality ofGrand Jury, property returned in his said digest, or in the amount of taxes assessed, that the said Grand Jury may recommend to the Inferior Court of the County, and the Comptroller General of the State, to cause the said errors to be corrected on the digest returned, especially setting forth the error committed ; whereupon it shall be the duty of the Jus¬ tices of the Inferior Court of the County and the Comptroller General to cause the alleged errror to be corrected on the digest returned to their respective offices, and to forward a certificate thereof to the Tax Col¬ lector of the County, whose duty it shall be to collect the amount 1078 TAX.—1845-'47. Correction of errors—Plantation and negroes—Assessment on refusal to return. Certificate t> of taxes which appear to be due, as appears by said certificate ; or if EXSTlie shall have collected the same, but not paid it over, he shall, in that case, return any excess over the proper amount of tax that ho may have collected; and if he shall have not collected enough, he shall then proceed to collect the balance, if paid over, Sec. II. If the Tax Collector shall have made his settlement «rfVtnend~ ^ie Comptroller General and the County before the correction state. of the digest, as provided for in the foregoing section, it shall be the duty of the Comptroller General to certify the amount overpaid, if any, to his Excellency the Governor, who shall draw his warrant on the Treasury for the same in favor of the party to whom it may Too little _ be due ; and if it shall appear that the Collector has not collected how paid' a sufficient sum, in that case the said Collector or his successor shall over' proceed to collect the same and make return thereof to the Treas¬ ury and the County, in the proportions respectively due them. refunding Sec. III. If the part of the tax due the County shall have been county. paid over, then the County Treasurer shall refund to the person to whom it may be due, the sum that may have been overpaid on the County tax. Sec. IV. [Repealing clause.] An Actio compel persons owning or holding plantations or negroes in any County in this State, and not residing therein, to give in and pay tax for the same in said County.—Approved Dec. 24, 1847. Pam. 286. plantations^ 119. Sec. I. Beit enacted, That all non-residents of Coun- and negroes . 7 returned in ties in this State, having land in cultivation and negroes thereon, be where sit- and they are hereby required to give in their taxes thereon in the uated. Counties in which the said plantations may be, and that the over¬ seer or agent may give in the same in the absence of the owners.* execution Sec. II. If the agent of such owner of such property shall neg- lect to return the taxable property as the law requires, then execu¬ tion shall issue for the amount of the tax, and not double tax. Sec. III. All laws and parts of laws militating against this Act, be and the same are hereby repealed. An Act to levy and collect a tax for each of the political years' eigh¬ teen hundred and forty-eight and nine—Passed 29th Dec. 1847. Pam. 289. Sec. I. [Revives Act of 1845.] Assesm'ntof 120. Sec. II. Whenever any individual, who has never made a sons refus'g return of his tax, shall refuse to make such return, upon the applica- returD' tion of the Receiver, it shall be the duty of the Receiver, with two such freeholders as he may select, to assess such tax as he may think reasonable and just, upon the taxable property of the individual so *See ante, sec, 103. TAX.—1847-'50. 1079 Tax on certain llailroad Companies. refusing, with due regard to the laws imposing taxes ; and upon the second refusal, to .double said original tax, and so on, indefinitely, until such individual shall make a return. Sec. HI. To net the digests, as provided for in the 7th section Nett digest*, of the Act of 1845, for the Receivers, the default list be deduct- atT drrmd ed, and for the Collectors the insolvent list, from the total amount of the digests.* An Act supplementary to the general Tax Laws, and to tax certain property therein mentioned, which has been heretofore exemp t from taxation.—Approved Feb. 1, 1850. Pam. 378. 121. Sec. I. Beit enacted, That the President of the Georgia tax on in- Railroad shall on or before the thirty-first day of December, 1850, r.T co?"1' pay into the Treasury of this State, as a tax for the year 1850, on oath, one half of one per cent, on the net annual income of the stock of said road and its branches, under the penalty of double tax for his refusal or neglect to do so, to be collected by execution to be issued by the Treasurer. 122. Sec. II. That the increase of capital of the Georgia Rail- in¬ road and Banking Company, authorized by the Act of the present »tai stock, session of the General Assembly, be and the same is hereby taxed thirty-one and a quarter cents on every hundred dollars' worth.f 123. Sec. 111. That the President of the Central Railroad do ^in- pay into the Treasury of the State, on oath, on or before the thirty- central r. r. first day of December, 1859, one-half of one per cent, on its net an¬ nual income, under the penalty of double tax, to be collected by ex¬ ecution to be issued by the Treasurer. 124. Sec. IY. The President of the Macon and Western Rail- °n capital road shall on oath on or before the thirty-first day of December, 1850, & w. a. a. pay into the Treasury of this State a tax of thirty-one and a quarter cents on each hundred dollars of the amount ot its stock actually paid in, as a tax on the capital stock [of the] aforesaid Railroad and its appurtenances and furniture, under the penalty of a double tax, to be collected by execution to be issued by the Treasurer. 125. Sec. Y. Each and every of the Presidents of the aforesaid payment by Railroad Companies shall make like payments on the thirty-first day 1 en' of December, in each and every year thereafter until this Act shall be repealed: Provided, that no banking capital employed by the Banking Georgia Railroad and Banking Company and the Central Railroad included.01 and Banking Company shall by any construction of this Act be ex¬ empt from future taxation at the discretion of the Legislature, and the tax on net profits shall only be on the net profits of the Railroad. An Act to levy and collect a tax for each of the political years 1850 and 1851, and thereafter.—Approved Feb. 22, 1850. Pam. 376. 126. Sf.c. I. Beit enacted, That an Act entitled an Act to levy •See sec. 136. fSee sec. 131. 10S0 TAX.—1850. Poll tax—Free negroes—Nominal slaves—Change bills—Carriages. Revived847 an<^ co^ect a tax ^or eac^ °f ^ie political years eighteen hundred and forty-eight and nine, passed by the last General Assembly, be and the same is hereby re-enacted and made of force for the political years 1850 and 1851, and for each year thereafter till repealed, roil tax 25 127. Sec. II. Each and every male citizen between the ages of cents" twenty-one and sixty, be taxed annually the sum of twenty-five cents only. Free negroes i2S. gEC- ]jj_ Each and every free negro or free person of col¬ or in this State, between the ages of eighteen and fifty, shall be tax¬ ed annually the sum of five dollars. $150 on free 129. Sec. IV. From and after the first day of March, 1850, negroes held J 77 in nominal each negro or person of color nominally a slave, who by any contract slavery. ^ bargain and sale, or pretended bargain and sale, after the date aforesaid, may be held or owned by any white person, said negro or person of color not being over sixty years of age or valueless from decrepitude or disease, shall be taxed one hundred and fifty dollars, and every person when making his or her return shall state on oath what negro or negroes he or she holds in the right of and for the benefit of such negro, and for each and every negro so held, shall pay the tax of one hundred and fifty dollars as above. fil°vehTriU 130. Sec. Y. From and after the first day of March, all owners his own tinie or hirers of slaves who shall permit said slave or slaves to hire his or her or their time from said owners or hirers, at any period during the year, shall pay a tax of one hundred dollars on each and every slave so hiring his or her or their own time :* Provided, that the giving in said slave or slaves as taxable property to tax assessors by said owner or hirer, shall in no instance be used as evidence agains* said owner or hirer in an indictment under the existing laws of this State to permit said hiring : Provided, that nothing in this section shall operate in the City of Savannah to prevent porters, laborers or others from working out under the ordinances of said City. On capital of 131. SEC. yp A tax of thirty-one and a quarter cents shall be Memphis Railroad, paid by the Memphis Branch Railroad for each and every hundred dollars of the stock of said road, to be returned and paid into the Treasury in the same manner and at the time required by law in relation to tax on the capital stock of banks, with the same penalty in case of failure. tax on 132. Sec. VII. Each President of the different banking com- not author-3 panies in this State he, and they and each of them shall return on ized by law. oatj1 tiie amount 0f circulation they have out in bills, checks, drafts, or other evidences of debt under the denomination of five dollars, not authorized by law, and that they pay a tax of ten per cent, on the largest amount of illegal circulation in circulation at any time within one year next before making such retura.f Pleasure 133. Sec. VIII. A tax of fifty cents is hereby imposed on each ' sulkey and buggy, a tax of one dollar on every rockaway coach or omnibus. ciose carriage, a tax of four dollars on each two horse stage, a tax of *For previous provision on this subject, see "Slaves and Free Persons of Color,'' sec. 49. fSee further, as to change bills, " Fenal Laws," sec. 362. TAX.—1850. 1081 Bank agencies—Cattle—Commissions. six dollars on each stage working over two horses, and a tax of ten dollars on each omnibus. 134. S ec. IX. Each and every agent of any foreign bank or in- on agencies dividual residing in another State, doing business in this State,shall, banks!'511 on or before the first Monday in each and every year, make a return oil oath to the Treasurer of this State of the highest amount of loans or paper discounted or exchange purchased by him and running to maturity at any one time during twelve months immediately pre¬ ceding such returns ; and it shall be the duty of such agent to pay into the Treasury of this State, free from all cost or charge whatso¬ ever, the same rate of tax upon one-third of such highest amount so returned by him as aforesaid, as is now imposed or may hereafter be imposed by law upon the chartered banks of this State, and shall be enforced and collected in the same manner. 135. Sec. X. A tax of five cents per head shall be assessed Cattle own- upon all cattle owned by the citizens of Florida, and kept within (Lnl this State. 136. Sec. XI. The Tax Receivers and Collectors shall receive the same compensation now allowed by law, except the County of ceiver and Chatham, whose Collector shall receive the same commission as now00 '!i mor!»a ^EC' ^ ^ trustees .should dispose of the lands gas may be "aforesaid upon a credit, the bonds given by the purchasers for the tho'govern • same, shall be secured by good personal security, together with a wrtain con- mortgage upon the land so purchased; and the said bonds and mort- tingencies. gages, when collected, shall be applied by the said trustees to the subscription for stock in any banks noiv in this State, in case further subscriptions should be by them opened, or any bank which may hereafter be established by the State or the United States ; if any sub¬ scriptions should be opened by any of the banks aforesaid, at a time when the bonds and mortgages should be uncollected or not due, and a failure to obtain stock on that account would ensue, the trustees of ♦See note at end of this division, tEut see see. 30. UNINERSITY AND COLLEGES.—1815-T6. 1089 f Expenditures—Sales. said University, by depositing the whole amount of said bonds and mortgages in the Treasury of the State, and producing to his Ex¬ cellency the Governor the Treasurer's certificate of the same, shall obtain from the Governor a warrant 011 the Treasury for whatever sum, not exceeding two-thirds of the amount of said bonds and mortgages, that may be necessary for subscribing for such number of shares as the proceeds of said bonds if collected, would authorize them to subscribe for: Provided always, that the Governor shall direct the collection of the said bonds and mortgages as they beeome due, and the principal and interest thereof shall be paid into the Treasury of the State, as a reimbursement for the advance made bj the State to the said trustees. 27. Sec. IV. The said trustees shall never dispose of the stock the stock by them subscribed for as aforesaid, unless by the consent of the ToiV^bift the Legislature of Georgia, or make use of it in any manner whatever; o^ends but the proceeds or dividends therefrom, shall be drawn by them, and used in such manner as the various demands and necessities of the said University may require, and as will be most likely to insure the objects of its establishment. 28. Sec. V. That [ten persons] be, and they are hereby appoint-{T®^ddi" ed additional trustees to the University aforesaid, and that any five of j^s*?®tscd the trustees of the said University, shall form a board and be competent Five to form to proceed to business.* bus^si01 29. Sec. YI. It shall and may be lawful for said board of trus- tees to dispense with the services of such of its officers, or make theyexpendi- such reduction in the fees or salaries of officers, as will enable themtures* with the funds of the institution to meet their disbursements, nor shall any salary or compensation be allowed said trustees or any of them, for their or any of their services. Act of ISth December, 1816. Vol.111. 1060. 30. Sec. I. All sales of land heretofore made or hereafter to be Sales ratified made by the trustees of said University, shall be valid to all intents in°tractsno£ and purposes, notwithstanding the same may have been, or hereafter each!"63 may be sold in lots over and above, or under one hundred acres each —any thing in the above recited [last preceding] Act to the contra¬ ry notwithstanding. 31. Sec. II. The first section of the Act passed the 16th day of Repealing December, 1811,f as also, so much of said amending Act as directs of the Act of that all officers of the University, other than the secretary and treas-181L urer, shall be appointed by the senatus academicus, together with the sixth section of the said amending Act, be, and the same are hereby repealed. 32. Sec. III. In all cases where the trustees of the University Trustees have sold any lot or lots of land, to which, or any part of which compromise there is an adverse claim, which claim has been or may hereafter be ^ceesr.tain •But see sea. 63. 137 tSee sec, 19, &c. 1000 UNIVERSITY AND COLLEGES.—1S16-'17. President pro. temp.—Loan—Vacancies determined, either by suit or arbitration, against the title derived from the trustees, it shall and may be lawful for said trustees to adjust all matters with the person to whom they sold, either by giving credit on the bond given for the purchase money, or by releasing the purchaser altogether from his contract, said purchaser at the same time relinquishing to them all claim or title to any part which may not be included within such adverse claim as aforesaid, may'appoint 33. Sec. IV' In case the office of president of the University, pro.rtem.ent s'ia^ at any time be vacant during the recess of the senatus academ- icus, it shall and may be lawful for the board of trustees to appoint a president pro tempore, who shall continue in office until the next' meeting of the senatus academicus ; and in all such cases it shall be the duty of the prudential committee, if there be one, or of the senior trustee, if there be 110 prudential committee, to convene the ' board. i£ed not10" ^EC' That his Excellency the Governor, be, and he is exceeding hereby authorized and directed to advance to the board of trustees • $iu,000. Up0n thc credit of the bonds and mortgages upon the sale of Uni¬ versity lands deposited in the Treasurer's office, any sum not ex¬ ceeding ten thousand dollars, if the necessities or exigencies of the University should require such advance.* to he re- 35. Sec. VI. The State treasury shall be reimbursed the sum of the bonds of five thousand dollars together with lawful interest, out of the g"ge'"ort proceeds of the bonds and mortgages aforesaid ; which sum was in deposited. November, 1802, in the Act, entitled an Act to appropriate moneys for the political year 1803, appropriated as a loan to the trustees of the University ; and that the aforesaid sum of ten thousand dollars herein directed to be advanced, shall be also repaid at the State treasury, out of the proceeds of said bonds and mortgages. Act of 10th December, 1817. Vol. III. 10GI. Trustees to 36. Sec. From and after the passage of this Act the trustees of atVheir'own the said University of Georgia are authorized and empowered to fill subject to ^ such vacancy or vacancies, that may at present exist in the said , otuhe soila' kouffi of trustees, or that may hereafter exist or become vacant, by academicus. the appointment of such person or persons as the said board of trus¬ tees may think proper : Provided, the said board of trustees shall notify the senatus academicus, at each annual meeting, of such ap¬ pointment or appointments, so by them made : And provided also, that the said senatus academicus shall approve the same.f And whereas, the board of trustees of the University did, at their last meeting, recommend the appointment of two additional mem¬ bers to said board of trustees : 37. Sec. II. Be it enacted, That [two persons named] be, and "Donation of 2,000 dollars to build a bouse for a grapamar school. Resolution of I8tK Dec. IS IP. Vol. III. 121(1. fTiie Act of 1811, sec. 1, (Vol. III. 1000,) directing these vacancies to be filled by the Legislature, %vas already repealed by the Act of 181G, sec. 2, (ibid. 10fi0,) which restored the operation of the 7th section of the charter, (sec sec. 8th of this title,) "Which ie|:)ea! appears to have been overlooked. UNIVERSITY AND COLLEGES.—1817-'21. 1091 Deeds to certain lands—Endowment. they are hereby appointed trustees of the University of Georgia, in Two addi- addition to the number heretofore appointed, any law to the contrary trustees notwithstanding. appointed. Act of 17th December, 1818. Vol. III. 1064. 38. Sec. I. Immediately after the passing of this Act, the trus- deeds to be tees of the University of Georgia be, and they are hereby authorized creek0 and required to make, or cause to be made, to any person or persons,tract' (or the heirs of the same,) on their producing the original deed of said trustees, with a relinquishment on the same from the original purchaser, before any Justice of the Peace or Justice of the Inferior Court in said County, to any tract or traction in the Shoal Creek tract, formerly being the land set apart for said University. 39. Sec. II. Said trustees are not authorized to make or cause when the to be made to any person, a title to any of the above recited land, mcMpi'i'd until the original purchase money, with the interest of the same. shall be paid, any law to the contrary notwithstanding. Act of 23d November, 1819. Vol. IIT. 1065. Whereas, by an Act [of 16th Dec. 1815; see sec. 24, &c.] the said trustees did sell said lands in pursuance of said Act, and by their then prosident, John Brown, did make deeds to the respective purchasers ; and whereas some doubts have arisen whether the said deeds were legally executed : 40. Beit enacted, Sfc. That from and after the passage of this needs sijrn- Act, the said deeds shall be taken, held, and deemed, to all intents 7l-^vnFres* and purposes as legal and valid, and admitted to evidence in any of dtj[,arcd the Superior Courts in this State, in their present form, and without any other documents to support them. An Act? to provide for the -permanent endowment of the University; audio appropriate moneys fur the erection of « new collegiate edu fee at Athens—Approved Dec. 21, 1821, Yob IV. 487, 41. Sec. I. The permanent endowment of the University shall permanent consist of a sum not less than eight thousand dollars per annum; ^oo^per11 and that when it shall so happen that the dividends furnished by annum the bank stock granted to the University shall not he equal to the sum aforesaid, the Treasurer of this State is required to make up the deficiency semi-annually out of any moneys in the Treasury not otherwiso appropriated. 42. Sec. 11. The trustees of Franklin College he, and they are Tro^ces hereby authorized and empowered to collect and retain the sum ofaatiiorjzod ten thousand dollars from the fund arising from the sale of fraction*§io?doofrom the sale of fractions. ♦ Explained by the next Act. 1002 UNIVERSITY AND COLLEGES.—lS21-'24. Loan—Absence of trustee al surveys previous to the year of 1821; and for this purpose the Gov¬ ernor, Treasurer, and Solicitor General of the Ocmulgee Circuit are required to afford all the information and aid in their power to such agent or attorney as the said trustees may appoint. $15,900out 43. Sec. III. The Treasurer of this State be, and he is hereby i0anliTtolese required to pay to the treasurer of the University the sum of fifteen coiie4new thousand dollars out of the first moneys which may be paid into the edifice. treasury, for and on account of the purchases made at the sale of the University lands; which said two sums last mentioned shall be ap¬ plied, under the direction of said trustees, to the building of a new collegiate edifice at Athens. Sec. IV. [Repeals all conflicting Acts.] An Act explanatory of an Act passed on the 21 st Dec. 1821, providing for the permanent endowment of the University, and appropriating moneys for the erection of a. new collegiate edifice at Athens.—Ap¬ proved Dec. 19, 1822. Vol. IV. 12. Per. 42, &c. 44. Sec. I. The before recited Act be so construed, as to author- expiamed. jze tke trastees 0f the University to ask and receive any sum or sums of money which may have been collected since the passage of said Act, not exceeding ten thousand dollars, from the fund arising from the sale of fractional surveys previous to 1821. warrant to 45. Sec. II. The Governor be and he is hereby authorized and required to issue his warrant on the Treasury for said collections, not exceeding ten thousand dollars, if the same have been paid into the Treasury ; and if not, the Solicitor General of the Ocmulgee Circuit is directed to pay to the said trustees any collections made by him and now in his hands, not exceeding the amount appropriated from said fund by the before recited Act. An Aet to vacate the seats of members of the board of trustees of the Uni¬ versity of Georgia in certain cases,—Approved Dec. 17, 1823. Vol. IV. 488. Abrenee of 46. From and after the passing of this Act, if any member of twomeeetrom the board of trustees of the University of Georgia, being within the k1fs'elt.cates ®tate) shall fail to attend at any two successive stated meetings of the board, his seat as a member thereof shall become thereby vacant, unless he render an excuse, the sufficiency whereof shall be deter? mined by the board. An Act for the relief of Lovick Pierce^ of Greene County, and other purchasers of University lands.—Approved Dec. 20, 1824. Vol. IV. 322. ; Sec. I. [Relates to lands recovered from Lovick Pierce.*] ♦Acts granting indulgence to purchasers of University lands, Vol. IV. 486, 487. UNIVERSITY AND COLLEGES.—1822-'25 1093 Yalid adverse claims—Maps. 47. And vjhereas, there are adverse and conflicting titles to divers other lots of land sold by the trustees of the University, the bonds given for the purchase money of which are also deposited in the Treasurer's office; Sec. II. Beit farther enacted, That when the board of trustees In ca?es shall receive satisfactory evidence of the validity of such adverse w 11 ere :,dr verso find and conflicting titles, and that the titles executed by the said trustees conflicting cannot be sustained, the said trustees shall notify the treasurer of the valid what fact, and of the quantity of land covered by such adverse title, andt0 be done' the treasurer shall thereupon make the deductions, and enter the requisite credits on the bonds given for the purchase money, of said lands, in the manner pointed out in the preceding section. An Act declaring the manner in which the surveys of the University lands, dividing them into lots for the purpose of sale, according to the Act of the General Assembly, passed on the Uoth of Dec. 1815, shall be authenticated.—Approved Dec. 24, 1825. Vol. IV. 257. 48. Whereas, pursuant to authority vested in the trustee's of the University of Georgia, by an Act of the General Assembly of this State, passed on the 16th day of Dec. 1815, the said trustees did cause the several tracts of land then belonging to the University to be surveyed and divided into lots for the purpose of sale, according to the directions of said Act; And whereas, in some cases the maps of such surveys and division into lots have been recorded, without be¬ ing authenticated by the oath of the Surveyor or Surveyors who made the same, and in other cases such maps .and division into lots have been lost without being recorded, whereby the purchasers of such lands have been put to great inconvenience in establishing the locality and boundaries of the several lots purchased by them ; for remedy whereof, Beit enacted, That incases where any of the maps of the survey original and division of the University lands into lots for the purposes of sale, university according to the authority of the before recited Act, shall have been lords' preserved and recorded either in the office of the Clerk of the SllPe_ admmid°aa8 rior Court, or of the County Surveyor of the County where such evidence, lands are situated, such original map or record thereof shall be admit¬ ted as evidence of the locality and original boundaries of the sever¬ al lots of land thereon designated, in the several Courts of Law and Equity in this State ; Provided, that the said original map or maps, Proviso, or the record thereof, shall be authenticated by the affidavit of one or more of the Surveyors who made the same ; to be taken before any Judge of the Superior Court, or Justice of the Inferior Court of the County where the lands are situated, (and which affidavit shall be • recorded in the same office with such map,) in the following form: Georgia, ) I, , do solemnly swear, that County. 5 according to the best of my knowledge, recollec¬ tion, and belief, the above map (or in case the same is recorded, the above record of a map) contains a true representation of the survey and division into lots of a tract of land, situate on the waters of , 1094 UNIVERSITY AND COLLEGES.—182,WHO. Records or copies evidence—Rcsurveys—28 trustees. in the Comity of , originally belonging to the trustees of the University of Georgia, made by me for the purpose of selling the same, according to authority vested in the said trustees by an Act of the General Assembly of this State, passed on the 16th day of De¬ cember, 1815. provision 49. Sec. II. In all cases where such original maps have been Triglna/ 8 lost without being recorded, the Governor or board of trustees of the reePn dea-ve University shall be, and hereby arc authorized to employ the person wUhoudt be- or persons, to-wit: Hezekiah Luckie and Thomas Mitchell, who ingrecorded. originaiiy surveyed and divided into lots the University lands for the purposes of sale as aforesaid, to make a duplicate map or maps of such survey and division into lots, either from their field notes, if preserved, or if not, by actual re-survey, giving twenty days' notice of each re-survey by advertisement at the most public place 011 or near the lands to be re-surveyed, and each duplicate map or maps so made shall be authenticated by the affidavit of the Surveyor making the same, according to the directions of the first section of this Act, and recorded in the office of the Clerk of the Superior Court of the County where the lands are situated; after which the said map or maps, or the record thereof, shall be received and admitted in the several Courts of Law and Equity in this State, as evidence of the boundaries and locality of the several lots of land thereon designated. ?eXrvey3°f ®EC* The expenses to be incurred in the execution of paidt0 be t^1*s ^"Ct' paid out of the proceeds of the sales of the Uni¬ versity lands received, or to be received in the Treasury of this State. An Act to appoint eleven additional trustees of the University of Geor¬ gia, and to provide a permanent additional fund fat the support of the same, and to declare the number of trustees which shall, be nrccs- sary to form a board, and to authorize a loan often thousand dollars to the board of trustees of said University, and to provide for the edu¬ cation of certain poor children therein mentioned.—Approved Dec. 21, 1830. Pam. 4. [Preamble relative to endowment.] 51. Be it therefore enacted, That from and after the passing of ™tee? this Act, the board of trustees of the University of Georgia, shall consist of the number of twenty-eight. Sec. II. [Annual endowment of $6,000 repealed by Act of 1841, Pam. 84.] Sec. III. [Superseded.] Sec. IV. [Repealed by Act of 1831, Pam. 4.] Sec. V. [As to quorum, superseded by Act of 1S39.] „ 52. Sec. VI. The suin of ten thousand dollars be, and the same is hereby appropriated, as a loan to the trustees of the University, for the purpose of rebuilding the College edifice, and replacing the library^md instruments which were lately consumed by fire, the said sum to be returned by said trustees, so soon as they may be in funds from the annual appropriation, provided for by the third sec- UNIVERSITY AND COLLEGES.—1830-'39. 1095 Loan—Nine trustees a quorum—Board of visitors. tion of this Act; and the president and directors of the Central Bank, i.oan of are hereby authorized and required to deliver the said sum of ten ^10,°00, thousand dollars to the treasurer of the board of trustees, at any time after the passing of this Act, and take his receipt for the same, specifying that the same is received as a loan. Sec. VII. [Repeals all repugnant acts.] An Act to legalize the acts of the late Senalus Acadcmicus at their ses¬ sion in November, 1834, and to malce certain grants mentioned therein valid and receivable in evidence in the several Courts of Justice in this State.—Approved Dec. 20, 1834. Pam. 23. Sec. I. [Legalizes informal acts of senatus academicus of 1833.] Sec. II. [Legalizes grants signed by H. B. Gaither.] Sec. HI. [Repealing clause.] An Act to amend the several laws relating to the Senatus Academicus, ■and the University of the Sta,t,e of Georgia, so far as to change the number of Trustees of the University, necessary in joint session with the Senate to form the Senatus Academicus, and to constitute a quorum to do and transact business at all meetings of the board of Trustees, and also to Itgalize the proceedings of the Senatus Academicus, at its late session.—Assented to Dec. 23, 1839.—Pam. 209. * 53. Sec. I. Be it enacted, That from and after the passage of^aquo.i this Act, nine trustees of the University of Georgia, shall constitute rum- a quorum competent to transact business at all meetings of the board, and also to form and constitute the senatus academicus, of the State of Georgia, in joint session with the Senate; any law, usage or custom to the contrary notwithstanding. Sec. II. [Legalizes proceedings of senatus academicus of 1838.] NOTE. Extract from the Minutes of the Senatus Academicus of the University of Georgia, November 12, 1831. Resolved, That the senatus academicus appoint, annually, fifteen persons as a' board of visitors, to attend the examinations of the classes in the University, preceding the annual commencement, the duty of any three or more of whom it shall be, to report to the ensuing meeting of this board—whereupon, Ordered, That the president of the senatus academicus, thS President of the Senate, and Speaker of the House of Representatives, be requested to make such ap¬ pointment. [Statutes omitted. Act of 1814, Vol. III. 1057 ; 1817, lb. 1063 j 1820, Vol. IV. 486 ; 1821, lb. 487; 1822, lb. 487.] 1091 UNIVERSITY AND COLLEGES.—1S25-T>0. lieeords or copies evidence—Kcsurveys—12S trustees. in the County of , originally belonging to the trustees of the University of Georgia, made by mc for the purpose of selling the same, according to authority vested in the said trustees by an Act of the General Assembly of this State, passed on the 10th day of De¬ cember, IS 15. Provision 49. Sec. II. In all cases where such original maps have been origin*/19 lost without being recorded, the Governor or board of trustees of the !Teen3dhea-ve University shall be, and hereby arc authorized to employ the person wiZul be- or persons, to-wit: Hezekiah Luckie and Thomas Mitchell, who ius^corded, originally surveyed and divided into lots the University lands for the purposes of sale as aforesaid, to make a duplicate map or maps of such survey and division into lots, cither from their field notes, if preserved, or if not, by actual re-survey, giving twenty days' notice of each re-survey by advertisement at the most public place 011 or near the lands to be re-surveyed, and each duplicate map or maps so made shall be authenticated by the afudavit of the Surveyor making the same, according to the directions of the first section of this Act, and recorded in the office of the Clerk of the Superior Court of the County where the lands are situated; after which the said map or maps, or the record thereof, shall be received and admitted in the several Courts of Law and Equity in this State, as evidence of the boundaries and locality of the several lots of land thereon designated. «survevSOf ®EC- The expenses to be incurred in the execution of to this Act, shall be paid out of the proceeds of the sales of the Uni¬ versity lands received, or to be received in the Treasury of this State. An Act to ay-point eleven additional trustees of the University of Geor¬ gia, and to provide a permanent additional fund for the support of the same, and to declare the number of trustees which shall, be neces¬ sary to form a board, and to authorize a loan often thousand dollars to the board of trustees of said University, and to provide for the edu¬ cation of certain poor children therein mentioned.—Approved Dec. 21, 1830. Pam. 4. [Preamble relative to endowment.] 51. Be it therefore enacted, That from and after the passing of uusteef ^ct> t^le k°ard of trustees of the University of Georgia, shall consist of the r^^Jeaia'wenty-eight. IS «»•» twment of *6'000 rePcakd by Act of SHI, really xt v>'a.s 1?^= of the lnfe- , Si VS^ aeta to \ rct of 1831>Pam- <■< 1 superseded iy a<;t of 1539.] iift^ubeanto Sotify tae be tbe duty if ten thousand dollars be, and the same is said selection, aud^i u at vray^ In to the trustees of the University, for parted'tg beu^°o£dtbeafuud9 dereiuafter ^i^ tl:ie College edifice, and replacing the uon'o-d!'"treeV any.JLhidilhvruments which were lately consumed by fire, the said sum to be returned by said trustees, so soon as they may be in funds from the annual appropriation, provided for by the third sec- UNIVERSITY AND COLLEGES.—1830-'39. 1095 Loan—Nine trustees a quorum—Board of visitors. tion of this Act; and the president and directors of the Central Bank, Loan of are hereby authorized and required to deliver the said sum of ten ®10j00°- thousand dollars to the treasurer of the board of trustees, at any time after the passing of this Act, and take his receipt for the same, specifying that the same is received as a loan. Sec. VII. [Repeals all repugnant acts.] An Act to legalize the acts of the late Senatus Acadcmicus at their ses¬ sion in November, 1834, and to mahe certain grants mentioned therein valid and receivable in evidence in the several Courts of Justice in this State.—Approved Dec. 20, 1834. Pam. 23. Sec. I. [Legalizes informal acts of senatus academicus of 1833.] Sec. II. [Legalizes grants signed by II. B. Gaither.] Sec. III. [Repealing clause.] An Act to amend the several laws relating to the Senatus Academicus, ■an d the University of the State of Georgia, so far as to change the number of Trustees of the University, necessary in joint session with the Senate to form the Senatus Academicus, and to constitute a quorum to do and transact business at all meetings of the board of Trustees, and also to Itgalize the proceedings of the Senatus Academicus, at its late session.—Assented to Dec. 23, 1839,—Pam. 209. ' 53. Sec. I. Be it enacted, That from and after the passage of ^esVquoi this Act, nine trustees of the University of Georgia, shall constitute rum* a quorum competent to transact business at all meetings of the board, and also to form and constitute the senatus academicus, of the State of Georgia, in joint session with the Senate; any law, usage or custom to the contrary notwithstanding. Sec. II. [Legalizes proceedings of senatus academicus of 1838.] NOTE. Extract from the Minutes of the Senatus Academicus of the University of Georgia, November 12, 1831. Resolved, That the senatus academicus appoint, annually, fifteen persons as a * board of visitors, to attend the examinations of the classes in the University, preceding the annual commencement, the duty of any three or mox-e of whom it shall be, to report to the ensuing meeting of this board—whereupon, Ordered, That the president of the senatus academicus, the President of the Senate, and Speaker of the House of Representatives, be requested to make such ap¬ pointment. [Statutes omitted. Act of 1814, Vol. III. 1057 ; 1817, lb. 1063; 1820, Vol. IV. 486 ; 1821, lb. 487; 1822, lb. 487.] 1096 UNIVERSITY AND COLLEGES. Colleges. ART. II. OTHER COLLEGES.* Oglethorpe University—Incorporated 1835. Pam. 151. (Prince, 877.) Mercer University—Incorporated, 1836. Pam. 98. (Prince, 879.) Emory College—Incorporated, 1836. Pam. 99. (Prince, 879.) Georgia Female College, (Macon,)—Incorporated, 1836. Pam. 101. Changed to Wesley an Female College, 1843. Pam. 41. The Georgia Episcopal Institute and Christ College—Incorpora¬ ted, 1840. Pam. 98. The La Grange Female Institute—Incorporated, 1847. Pam. 120. Cherokee College of Georgia—Incorporated, 1849. Pam. 107. Madison Female College—Incorporated, 1849. Pam. 108. Madison Collegiate Institute—Incorporated, 1849. Pam. 112. Dalton Female College—Incorporated, 1849. Pam. 110. Forsyth Female Collegiate Institute—Incorporated, 1849. Pam. 110. La Grange Collegiate Seminary for Young Ladies—Incorporated, 1849. Pam. 111. Southern Central Baptist University of Georgia—Incorporated, 1849. Pam. 114. *For Act exempting their property from taxation, see Pamphlet Laws of 1849, page 379. APPENDIX. ART. I. CONSTITUTION OF THE UNITED STATES. " II. CONSTITUTION OF GEORGIA. «« III. STATUTE OF FRAUDS. " IV. HABEAS CORPUS ACT. « Y. JUDICIARY ACT OF 1799. « YI. LOCAL LAWS. I. CONSTITUTION OF THE UNITED STATES. . Article I. Legislative Department, Article II. Executive Department. Article III. Judicial Department. Article IV. Relative Rights .op States. Article V. Amendments—How made. Article VI. Miscellaneous Provisions. Article VII. Ratifications. VIII. Amendments Adopted. CONSTITUTION OF THE UNITED STATES, as published under the inspection of the secretary of state in pursuance of an order of the house of representatives. 1. We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. 138 1098 APPENDIX.—Constitution U. S.—17S7. Legislative powers—House of Representatives—Members. ARTICLE I. Sec. 2. Legislative Department. " 3. House of Reps.—members chosen. " 4. Qualification. " 5. Apportionment of. " 6. Vacancies, how filled. " 7. Officers ; power of impeachment. " 8. Senate, how chosen: " 9. Classed; vacancies. " 10. Qualification. " 11. Vice President. " 12. Other officers. " 13. Trial of impeachments. " 14. Judgments on. " 1.5. Elections; how held. " 16. Meetings of Congress. " 17. Elections; how judged. " 18. Rules. " 19. Journals—yeas and nays. " 20. Adjournments. •' 21. Compensation; privileges. " 22. Disqualification. " 23. Revenue bills. " 24. Passing bills; Veto. " 25. Passing resolutions. " 26. Powers of Congress. Sec. 27. Loans. " 28. Commerce. " 29. Naturalization—Bankruptcy. " 30. Coin; weights and measures. " 31. Counterfeiting. " 32. Post Offices and Roads. " 33. Science and Arts. " 34. Courts; certain crimes. " 35. Declare war. " 30. Raise armies. " 37. Maintain a Navy. " 38. Military law. " 39. Call out militia. " 40. And organize. " 41. Jurisdiction over District. " 42. Laws necessary and proper. " 43. Importation of slaves. " 44. Habeas Corpus. " 45. Attainder : Expost facto, Ac. " 46. Direct tax. " 47. Exportation duty. "■ 48. Appropriations. " 49. Titles of nobility. " 50. Limitations upon, " 51. Individual States. section i. Legislative 2. All Legislative power herein granted shall be vested in a jK>wer». congress 0f the United States, which shall consist of a Senate and House of Representatives. section ii. Members, 3. The House of Representatives shall be composed of members Representa- chosen every second year, by the people of the several States; and choscn.°w the electors iri each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature, auaiifica- 4. No person shall be a Representative who shall not have at- tion,mem- , . , ,r c . .n - i bcr--. House tamed to the age of twenty-five years, ana been seven years a citi- touve3.reseu'zen of the United States ; and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Apportion- 5. Representatives and direct taxes shall be apportioned among xesentatives. the several States which may be included within this .Union, accord¬ ing to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to ser¬ vice for a term of years, and excluding Indians not taxed, three- fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Repre¬ sentatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumer¬ ation shall be made, the State of New Hampshire shall be entitled to choose three ; Massachusetts eight; Rhode Island and Providence APPENDIX.—Constitution U. S.—1787. 1099 Officers—Seriate—Members—Officers—Impeachment—Elections. Plantations, one; Connecticut, five; New York, six ; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Yirginia, ten ; North Carolina, five ; South Carolina, five ; and Georgia, three. 6. When vacancies happen in the representation from any State, vacancies, the Executive authority thereof shall issue writs of election to fillhmv fiUed- such vacancies. _ iio.ofiteps. 7. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. oncers. Power of im¬ peachment. section iii. 8 The Senate of the United States shall be composed of two senate, how Senators from each State, chosen by the Legislature thereof, for sixchoseu- years, and each Senator shall have one vote. 9. Immediately after they shall be assembled in consequence of Senat3r8 the first election, they shall be divided, as equally as may be, intoclassed- three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year ; of the second class at the expiration of the fourth year; and of the third class at the ex¬ piration of the sixth year; so that one-third may be chosen every second year ; and if vacancies happen, by resignation or otherwise, Vacancies during the recess of the Legislature of any State, the Executiveilow "ffied! thereof may make temporary appointments until the next meeting of the Legislature which shall then fill such vacancies. 10. No person shall be a Senator who shall not have attained to senators' the age of thirty years, and been nine years a citizen of the United tiuallficat'n- States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 11. The Yice President of the United States shall be President ofv .President, the Senate, but shall have no vote unless they be equally divided. 12. The Senate shall choose their other officers, and also a Presi- senate to dent pro tempore in the absence of the Yice President, or when he officer! shall exercise the office of President of the United States. 13. The Senate shall have the sole power to try all impeachments; Try im- when sitting for that purpose they shall be on oath or affirmation. pedChments- . When the President of the United States is tried, the Chief Justice shall preside ; and no person shall be convicted without the concur¬ rence of two-thirds of the members present. 14. Judg ment in cases of impeachment shall not extend farther judgment than to removal from office, and disqualification to hold and enjoy £"en£'peiic " any office of honor, trust or profit, under the United States ; but the party convicted shall, nevertheless, be liable and subject to indict¬ ment, trial, judgment, and punishment, according to law. SECTION IV. 15. The times, places, and manner of holding elections for Sena-^ectmns, tors and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing Senators. 16. The Congress shall assemble at least once in every year, and 1100 APPENDIX.—Constitution U. S.—1787. Elections—Journals—Privileges—Disabilities—Revenue bills—Ycto. assemble such meeting shall be on the first Monday in December, unless they annually, shall, by law, appoint a different day. SECTION V. Elections, 17. Each House shall be the judge of the elections, returns, and how judged. qualifications of its own members ; and a majority of each shall con- Quorum in stitute a quorum to do business; but a smaller number may adjourn iio"'of Rep= ^rom day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide. Euies. 18. Each House may determine the rules of its proceedings, pun¬ ish. its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, journals of 19. Each House shall keep a journal of its proceedings, and from each i">use.t-me t0 tjme publish t{ie same, excepting such parts as may, in Yeas and their judgment, require secrecy; and the yeas and nays of the mem- nays. bers 0f either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. Adjoumm't. 20. Neither House, during the session of Congress, shall without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. SECTION VI. compensa- 21. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury Privileges, of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their atten¬ dance at the session of their respective Houses, and in going to and returning from the same ; and for any speech or debate in either House they shall not be questioned in any other place. Members 22. No Senator or Representative shall, during the time for which to office', he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time ; and no person holding any office under the United States shall be a member of either House during his continuance in office. SECTION. VII. Pevenue 23. All bills for raising revenve shall originate in the House of Representatives ; but the Senate may propose or concur with amend¬ ments, as on other bills. Passing bills 24. Every bill which shall have passed the House of Representa¬ tives and the Senate shall, before it become a law, be presented to the President of the United States : If he approve, he shall sign it: veto. but if not, he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at . large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered; and if approved by two- APPENDIX—Constitution U. S.—1787. 1101 Hesolutions—Powers of Congress. thirds of that House, it shall become a law. But, in all such cases, the votes of both Houses shall be determined by yeas and nays ; and the names of the persons voting for and against the bill shall be en¬ tered on the journal of each House respectively. If any bill shall not be returned by the President within ten days, (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manuer as if he had signed it, unless the Congress, by their ad¬ journment, prevent its return, in which case it shall not be a law. 25. Every order, resolution, or vote, to which the concurrence of Resolutions, <§cc. how the Senate and House of Representatives may be necessary, (except pas ed. on a question of adjournment,) shall be presented to the President of the United States ; and, before the same shall take effect, shall be approved by him, or being disapproved hy him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. section viii. The Congress shall have power— 26. To lay and collect taxes, duties, imposts, and excises; to£°^g/esg°f pay the debts and provide for the common defence, and general Taxes, welfare of the United States; but all duties, imposts, and excises, shall be uniform throughout the United States : 27. To borrow money on the credit of the United States : Loans. 28. To regulate commerce with foreign nations, and among the commerce, several States, and with the Indian tribes : 29. To establish an uniform rule of naturalization, and uniform Naturaiiza- laws on the subject of bankruptcies, throughout the United States : Baniiimpt- 30. To coin money, regulate the value thereof, and of foreign coin, coin, and fix the standard of weights and measures : and o * measures. 31. To provide for the punishment of counterfeiting the securi-Punish ties and current coin of the United States :x counterfeit- 32. To establish post-offices and post-roads : Post offices, 33. To promote the progress of science and useful arts, by secur- science ing for limited times to authors and inventors the exclusive right to dnd lilt3 their respective writings and discoveries : 34. To constitute tribunals inferior to the Supreme Court; (10.) courts. to define and punish piracies and felonies committed on the high piracies, r fetate. JNo preference shall be given by any regulation ot commerce or revenue to the ports of one State over those of another ; nor shall vessels bound to or from one State, be obliged to enter, clear, or pay duties in another. 48. No money shall be drawn from the Treasury but in conse¬ quence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. Tit'psof 49. No title of nobility shall be granted by the United States; allowed"1" and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolu¬ ment, office, or title of any kind whatever, from any king, prince, or foreign State. section x. Limitation? 50. No State shall enter into any treaty, alliance, or confederation; oftiK-hi'cu-''grant letters of marque and. reprisal; coin money ; emit hills of cred- States. it; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. 51. No State shall, without the consent of the Congress, lay any Mnnny how drawn. APPENDIX.—Constitution U. S.—1787. 1103 Executive power—Election. imposts or duties on imports or exports, except what may be abso¬ lutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Con¬ gress. No State shall, without the consent of Congress, lay any du¬ ty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in a war unless actually invaded, or in such immi¬ nent danger as will not admit of delay. ARTICLE II. Sec. 52. President. " 53. Mode of election. " 55. Time of election. " 56. Qualification. " 57. Vic President—when to act. " 58. President s compensation. See. 59. His oath. " 60. His powers. " 61. Treaties—nomination. " 62. Filling vacancies. " 63. His duties. " 64. Impeachment. section i. 52. The Executive power shall be vested in a President of the Exoc.utiva United States of America. He shall hold his office during the term power- of four years, and, together with the Vice President, chosen for the same term, be elected as follows: 53. Each State shall appoint, in such manner as the Legislature Manner of thereof may direct, a number of electors, equal to the whole num- prc^snt bcr of Senators and Representatives to which the State may be en- titled in the Congress; but no Senator or Representative, or person But see holding an office of trust or profit under the United States, shall be Article™?8 appointed an elector. 54. *:[The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an in¬ habitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed to the Presi¬ dent of the Senate. The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the great¬ est number of votes shall be the President, if such number be a ma¬ jority of the whole number of electors appointed, and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and, if no person have a majority, then from the five highest on the list the said House shall in like maimer choose the President. But, in choosing the President, the vote shall be taken by States, the representation from each State having one vote : a quorum for this purpose shall consist of a ♦This clause, in brackets, is supcrperseded by the amendment; see sec. 94. 1104 APPENDIX.—Constitution U. S.—1787. Qualification of President—Compensation—Oath—Powers' member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, af¬ ter the choice of the President, the person having the greatest num¬ ber of votes of the electors, shall be the Yice President. But if there should remain two or more who have equal votes, thq Senate shall choose from them, by ballot, the Vice-president.] election' Congress may determine the time of choosing the elec¬ tors, and the day on which they shall give their votes; which day shall be the same throughout the United States, who may be 56. No person, except a natural born citizen, or a citizen of the president. United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be el¬ igible to that office who shall not have attained to the age of thirty- five years,and been fourteen years a resident within the United States.* in what 57. In case of the removal of the President from office, or of his viceSpr03i- death, resignation, or inability to discharge the powers and duties of ««president.the said office, the same shall devolve on the Vice President; and the Congress may, by law, provide for the case of removal, death, resignation or inability, both of the President and Vice President, de¬ claring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a President shall be elected. cnmpens'u'n 58. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished du¬ ring the period for which he shall have been elected ; and he shall not receive within that period any other emolument from the United States, or any of them. 59. Before he enter on the execution of his office, he shall take the following oath or affirmation : His oath. u j solemnly swear (or affirm,) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States." President section ii. 60. The President shall be Commander-in-Chief of the Army ii. states' and Navy of the United States, and of the militia of the several powers. J States, when called into the actual service of the United States : He may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. Make 61. He shall have power, by and with the advice and consent treaties. 0f the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of the United States whose appointments are not herein * Extended to Vice Presidents ; see sec. 96. Appoint officers. APPENDIX.—Constitution U. S.—1787. 1105 His duties—Removal of officers—Judicial powers, t otherwise provided for, and which shall be established by law. Bat the Congress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the Courts of Law, or in the heads of departments. 62. The President shall have power to fill up all vacancies vacancies, that may happen during the recess of the Seriate, by granting com¬ missions which shall expire at the end of their next session. section iii. 63. He shall from time to time give to the Congress information President's t" of the state of the Union, and recommend to their consideration such u ies' measures as he shall judge necessary and expedient: He may, on extraordinary occasions, convene both Houses, or either of them ; and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall com¬ mission all the officers of the United States. section iv. 64. The President, Vice President, and all civil officers of the °®vci^,ser|)y United States, shall be removed from office on impeachment for, impeachm't. and conviction of treason, bribery, or other high crimes and misde¬ meanors. ARTICLE Illh Sec. 65, Courts and Judges. Sec 68. Trial by Jury. " 66. Jurisdiction. " 69 Treason. 67- Qf Supreaae Court. " 70. Attainder. section i, 65. The Judicial power of the United States shall be vested in one judicial Supreme Court, and such inferior Courts as the Congress may, from time to time, ordain and establish. The Judges, both of the Supreme iudses- and inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. section ii. 66. The Judicial power shall extend to all cases in Law and jurisdiction, Equity arising under this Constitution, the laws of the United States,extem of" and treaties made, or which shall be made, under their authority; to all cases affecting Ambassadors, other public Ministers, and Con¬ suls ; to all cases of admiralty and maritime jurisdiction; to contro¬ versies to which the United States shall be a party : to controversies between two or more States, between a State and citizens of anoth¬ er State, between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof, and foreign states, citizens or subjects. 139 1106 APPENDIX—Constitution U. S—1787. Jury trial—Treason—Attainder—Acts and records—Fugitives. whether 67. In all cases affecting Ambassadors or other public Ministers, appethte? and Consuls, and those in which a State shall be a party, the Su¬ preme Court shall have original jurisdiction. In all the other cases be¬ fore mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regu¬ lations as the Congress shall make. Ju^,sby 68. The trial of all crimes, except in cases of impeachment, shall be by Jury ; and such trial shall be held in the State where the said crime shall have been committed; but when not commit¬ ted within any State, the trial shall be at such place or places as the Congress may by law have directed. SECTION iii. . Treason. gg. Treason against the United States shall consist only in levy¬ ing war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confes¬ sion in open Court. Attainder. 70. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IY. Sec. 71. Acts and records of States. " 72. Citizens of different States. " 73. Fugitives from Justice. " 74. Fugitives from service. Sec/75. New States admitted. " 76. Territories of United States. " 77. Republican Government. SECTION I. Acts and re- 71. Full faith and credit shall be given in each State to the pub- cords oi the • states. lie acts, records, and judicial proceedings of every other State.1 And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. SECTION ii. citizens' 72. The citizens of each State shall he entitled to all privileges privileges. jmmimities of citizens in the several States. Fugitives 73. A person charged in any State with treason, felony, or other ftolu Justice. cr|me, who shall flee from justice and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdic¬ tion of the crime. From sen-ice 74. No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. [1.] Tbis clause considered. 3 KtV>j, 423. See also, 5 Gu. Rip. 276, 213. 8 Gat Rep. 201. APPENDIX.—Constitution U. S.—1787. 1107 New States—Amendments—Constitution and Treaties. section iii. 75. New States may be admitted by the Congress into this Union ; uew states but no new State shall be formed or erected within the jurisdiction e ' of any other State ; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legis¬ lature of the States concerned, as well as of the Congress. 76. The Congress shall have power to dispose of, and make all Power over i Territories. needful rules and regulations respecting the territory or other proper¬ ty belonging to the Uuited States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. . section iv. 77. The United States shall guarantee to every State in this Un-®°!£'Wican ion a republican form of government, and shall, protect each of them against invasion; and on application of the Legislature, or of the Executive, (when the Legislature cannot be convened,) against do¬ mestic violence. ARTICLE Y. 78. The Congress, whenever two-thirds of both Houses shall Amend- deem it necessary, shall propose amendments to this Constitution, or attained, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which in either case, shall be valid to all intents and purposes as part of this Constitution when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided,- that no amendment which may be made prior to the year 18OS,shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State without its con¬ sent shall be deprived of its equal suffrage in the Senate. ARTICLE YI. Sec. 79. Prior debts. I Sec. 81. Oath, of officers: " 80. Supreme Law. j 79. All debts contracted and engagements entered into before iWtfe&tH the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the confederation. 80. Tin's Constitution, and tho laws of the Uuited States which constitution shall be made in pursuance thereof, and all treaties made, or which a^tiwsu!3 shall be made, under the authority of the United States, shall be thepremelaw- supreme law of the land; and the Judges in every State shall be bound thereby ; any thing in the Constitution or laws of any State to the contrary notwithstanding. 81. Tiie Senators and Representatives before mentioned, and the 1108 APPENDIX.—Constitution U. S.—1787. Oath—Keligious test—llutification. oath to the members of the several State Legislatures, aud all Executive and c'ustitutI0n'Judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution ; No religious but no religious test shall ever be required as a qualification to any test' office or public trust under the United States. ARTICLE VII. Ratification. 82. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Done in Convention, by the unanimous consent of the States pres¬ ent, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the inde¬ pendence of the United States of America the twelfth. In wit¬ ness whereof, we have hereunto subscribed our names. George Washington, President, and Deputy from Virginia. New Hampshire. John Laugdon, Nicholas Gilman. Massachusetts. Nathaniel Gorham, Rufus King. Connecticut. William Samuel Johnson, Roger Sherman. New York. Alexander Hamilton. New Jersey. William Livingston, David Br early, William Patterson, Jonathan Dayton. Pennsylvania. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimmons, Jared Ingersol, James Wilson, Governeur Morris. Delaware. George Read, Gunning Bedford, jun. John Dickinson, Richard Bassett, Jacob Broom. Maryland. James M'Henry, Daniel, of St. Tho. Jenifer, Daniel Carroll. Virginia. John Blair, James Madison, jun. North Carolina. William Blount, Richard Dobbs Spaight, Hugh Williamson. South Carolina. John Rutledge, Charles C. Pinckney, Charles Pinckney, Pierce Butler. Georgia. William Few, Abraham Baldwin. Attest, William Jackson, Secretary. APPENDIX.—Constitution U. S.—1789. 1109 Amendments to Constitution of the United Stated. VIII. AMENDMENTS. Sec. 83. Religion; Press; Assembling. '* 84. Right to bear arms. " 85. Quartering troops. " 86. Searches and seizures. " 87. Trial for crimes; Private prop. &i *' 88. Speedy trial; witnesses, &c. " 89. Trial in civil cases. rSec. 90. Bail and punishments. " 91. Rights reserved. " 92. Powers not delegated. " 93. Cases ; State a party. " 94. Election of President and Y. P. " 95. Election of V. President by Senate. " 96. Qualitication. First Congress. First Session.—March 4, 1789. 83. Art. I. Congress shall make no law respecting an establish-Rights of merit of religion, or prohibiting the free exercise thereof; or abridg- freedom of' ing the freedom of speech, or of the press, or the right of the people thepress'&c' peaceably to assemble, and to petition the government for a redress of grievances. 84. Art. II. A well-regulated militia being necessary to the se- °< the right curity of a free State, the right of the people to keep and bear arms shall not be infringed.1 85. Art. III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, hut in a manner to be prescribed by law. 86. Art. IV. The right of the people to be secure in their per- of searches, sons, houses, papers and effects, against unreasonable searches and general war- seizures, shall not be violated; and no warrants shall issue but upon.r:iUts' probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 87. Art.V. No person shall be held to answer for a capital or onnd,ct- , . . . . , . A ment, pun- otnerwise infamous crime, unless on a presentment or indictment of uiim'nts.&c. a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public dan¬ ger ; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.'2 88. Art. VI. In all criminal prosecutions, the accused shall en- joy the right to a speedy and public trial, by an impartial Jury,3 ofses, and the the State and district wherein the crime shall have been committed, defendant, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be con¬ fronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence. 89. Art. VII. In suits at Common Law, where the value in of trial in controversy shall exceed twenty dollars, the right of trial by Jury m Cd&es' shall be preserved ; and no fact tried by a Jury shall be otherwise (I.) See 1 Kelly, 243. (2.) This clause considered. 1 Kelly Rep. 533. 3 Kelly, 31. 7 Ga. Rep. 200. (3.) See 1 Kelly, 222. 1110 APPENDIX.—Constitution U. S.—1793—1803. Amendments—Election of Electors' re-examined in any Court of the United States, than according to the rules of the Common Law. ofbaii and 90. Art. YIII. Excessive bail shall not be required, nor exces- lines . sive fines imposed, nor cruel and unusual punishments inflicted, or rights re- 91. Art. IX. The enumeration in the Constitution of certain fcerve ' rights shall not be construed to deny or disparage others retained by the people. Powers not 92. Art. X. The powers not delegated to the United States by u6i6 the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Third Congress. Second Session.—Dec. 2, 1793. cia/power11 ^3. Art. XI. The Judicial power of the United States shall not be construed to extend to any suit in Law or Equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. Eighth Congress. First Session.-—Oct. 17, 1803. Manner of 94. Art. XII. The electors shall meet in their respective States, President e and vote by ballot for President and Vice President, one of whom, President. at least, shall not be an inhabitant of the same State with themselves: They shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Yice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Yice President, and of the number of votes for each ; which lists they shall sign and certify, and transmit, seal¬ ed, to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in presence of the Senate and House of Representatives, open all the • certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed j/; and if no person have such majority, then, from the persons having*' the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immedi-^ ately, by ballot, the President. But, in choosing the President, th$ votes shall be taken by States, the representation from each State < having one vote ; a quorum for this purpose shall consist of a mem¬ ber or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Rep¬ resentatives shall not choose a President, whenever the right of choice shall devolve upon them, before the lourth day of March next fol¬ lowing, then the Yice President shall act as President, as in the case of the death or other constitutional disability of the President, on failure to 95. The person having the greatest number of votes as Yice Prds- Fresidlnt6, ident shall be the Yice President, if such number be a majority of senate shall the whole number of electors appointed; and if no person have a APPENDIX.—Constitution of Georgia.—1798. 1111 Departments—Legislative power—Senate. majority, then, from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall con¬ sist of two-thirds of the whole number of Senators ; and a majority of the whole number shall be necessary to a choice. * 96. But no person constitutionally ineligible to the office of Pres- ctuaimcat'n ident, shall be eligible to that of Vice President of the United States. II. THE CONSTITUTION jOF THE STATE OF GEOHGIA. ADOPTED MAY 23, 1798—AS AMENDED BY SUBSEQUENT LEGISLATURES ART. I. LEGISLATIVE DEPARTMENT. ART. II. EXECUTIVE DEPARTMENT. ART. III. JUDICIAL DEPARTMENT. ART. IV. MISCELLANEOUS PROVISIONS. ARTICLE I. Sec. 1. Departments distinct. " 2. General Assembly. " 3. Composition of Senate. " 4. Qualification of Senators. " 5. Election of President. " 6. Trial of impeachment. 44 7. Composition of House of Represen. " 8. Qualification of members, " 9. Officers; Impeachments. •' 10. Disqualification. " 11. Biennial meetings ; Quorum. 41 12. Judges of elections. See. 13. Members'privileges. '* 14. Journals, yeas and nays. *• 15. Revenue Bills. " 16. Passing bills. " 17. Canvassing prohibited. '• 18. Oath of members. " 19. General disqualification. " 20. Adjournments. " 21. Powers of General Assembly. " 22. Boundary, Sale of land. " 23. Void sales, Donations, , " 24, Census. 1. Sec. I. The Legislative, Executive, and Judiciary departments Departments of Government shall be distinct, and each department shall be con- distinct, tided to a separate body of magistracy ; and no person, or collection of persons, being of one of those departments, shall exercise any pow¬ er properly attached to either of the others, except in the instances herein expressly permitted.1 2. Sec. II. The Legislative power shall be vested in two sepa- Legislative rate and distinct branches, to wit: a Senate and House of Repre-power' sentatives, to be styled the General Assembly. style. 3. Sec. III. [As amended by Act of 1842. Pam. 56, and 1843, Composition Pam. 15.] The Senate shall be elected biennially* on the first Mon-of c5enate- ♦Made biennial by Act of 1840, Pam. 23; 1841, Pam. 61, (L) This section considered. 8 Go. 227. 1112 APPENDIX.—Constitution of Georgia.—1789. Members—Officers—House of Representatives—Members. day in October, and shall consist of forty-seven members, and shall be composed of one member from each Senatorial District, which district shall be composed of two contiguous Counties, not including *the County with the largest representative population, which shall constitute a separate district; which districts shall be arranged and organized by the General Assembly* at the session when this shall be adopted, and if any new County shall be hereafter formed, it shall be annexed to one of the districts from which it avus taken, tfoifs'ofsen- ^ ®EC* [^S amei}ded by the Act passed December, 1834, ators. Pam. 69, and 1835, Pam. 52.] No person shall be a Senator who shall not have attained to the age of twenty-five years, and have been nine years a citizen of the United States, and three years an inhabi¬ tant of this State ; and shall have usually resided within the Coun¬ ty for which he shall be returned, at least one year immediately pre¬ ceding his election, except persons who may have been absent on lawful business of this State or of the United States.* Election of 5. gEC> y, The Senate shall elect by ballot a President out of President. . . .. J their own body. * fi^eaciinl'u ®EC" Senate sha^ have the sole power to try all im-' peachments. When sitting for that purpose, they shall be on oath or affirmation ; and no person shall be competed without the con- currence of two-thirds of the members present; judgment in cases of judgment impeachment shall not extend farther than removal Irom office and therein., disqualification to hold and enjoy any office of honor, trust, or profit, within this State ; but the party convicted, shall nevertheless be subject to indictment, trial, judgment, and punishment according to laAv. Composition 7. Sec. YII. [As amended by Act of 1842, Pam. 56 ; and 1843, Repmsenta- Pam. 15.] The House of Representatives! shall be composed of tives- — one hundred and thirty members ; each County shall have one Rep¬ resentative, and no County shall have more than two Rerpesentatives; thirty-seven Counties having the greatest population, counting all free white persons, and three-fifths of the people of color, shall have tAvo Representatives; the said apportionment shall be made by the General Assembly, at the session at which this section shall be adopt¬ ed as an alteration of the Constitution, by an Act to be introduced after the adoption thereof, and a new apportionment shall be made at the session next after each future enumeration of the inhabitants of this State, made under the Constitution and LaAvs thereof, but at no other time. f ciuaiificat'n 8. Sec. YIII. [As amended in 1834, Pam. 69, and 1835, Pam, of oienrnm- No person shall be a Representative who shall not have attain¬ ed to the age of twenty-one years, and have been a citizen of the United States seven years, and three years an inhabitant of this * The following is the property qualification dropped by the amendment—"And is and shall have been possessed in his own right of a settled freehold estate of the value of five hundred dollars, or of taxable property to the amount of one thousand dollars, within the County, for one year preceding his election; and whose estate shall on a reasonable estimation be fully competent to the discharge of his just debts over and above that sum. +By amendment of 1840—1841, Pam. 61, the House of Representatives were to be elected biennially. The amendment of 1842—1843, is silent as to elections. APPENDIX.—Constitution of Georgia.—1798. 1113 Officers—General Assembly—Privileges. State ; and "nave usually resided in the County in which he shall be chosen, one year immediately preceding his election, unless he shall have been absent on the public business of this State or of the Uni¬ ted States.* * 9. Sec. IX. The House of Representatives shall choose their officers. Speaker and other officers. Sec. X. They shall have solely the power to impeach all per- impeachm't. sons who have been, or may be in office. 10. Sec. XI. No person holding any military commission or what shati other appointment having any emolument or compensation annexed nS^r'of1 thereto, under this State, or the United States, or either of them, eitherhouse- (except Justices of the Inferior Courts, Justices of the Peace, and officers of the militia,) nor any person who has had charge of pub¬ lic moneys belonging to the State, unaccounted for and unpaid, or who has not paid all legal taxes or contributions to the Government required of him, shall have a seat in either branch of the General Assembly; nor shall any Senator or Representative be elected to any Members in- office or appointment by the Legislature, having any emoluments or !ffig,'ele0f0 compensation annexed thereto, during the time for which he shallprcfit- have been elected, with the above exceptions, unless he shall decline accepting his seat, by notice to the Executive, within twenty days after he shall have been elected; nor shall any member after having taken his seat, be eligible to any of the aforesaid offices or appoint¬ ments during the time for which he shall have been elected. 11. Sec. XII. The meeting of the General Assembly shall be Gen. Assem- biennialf on the second Tuesday in January, until such day of meet- blenniauy! ing be altered by law,J a majority of each branch shall be authoriz- Gut-rum. ed to proceed to business ; but a smaller number may adjourn from day to day, and compel the attendance of their members in such manner as each House shall prescribe. 12. S ec. XIII. Each House shall be judges of the elections, re-each house turns, and qualifications of its own members, with powers to expelIniolfctions or punish by censuring, fining, and imprisoning, or either, for dis- orderly behavior, and may expel any person convicted of any felcni- ™cjnb®rs.'h ous or infamous offence ; each House may punish by imprisonment contempts, during session, any person not a member, who shall be guilty of dis¬ respect, by any disorderly or contemptuous behavior in its presence, or who, during session, shall threaten harm to the body or estate of any member, for anything said or done in either House, or who shall assault any of them therefor; or who shall assault or arrest any witness in going to or returning therefrom, or who shall rescue any person arrested by order of either House. *The property qualification of members before the amendment, was the following.— " And shall be possessed, in his own right, of a settled freehold estate of the value of two hundred and fifty dollars,or of taxable property to the amount of five hundred dollars within the County,for one year preceding his election; and whose estate shall, on a rea¬ sonable estimation, be competent to the discharge of his just debts, over and above that sum." fMade biennial by amendment of 1840. Pam. 33, and 1841, Pam 61. JFirst Monday in November. See " Elections," sec. 3. Milledgeville established as seat of Government, 1804. Yol. II. 209. 140 1114 APPENDIX.—Constitution of Georgia.—1798. *>■ Journals—lievenue bills—Passing bills—Oath. Members 13. S ec. XIV. No Senator or Representative shall be liable to arrestTrciv-be arrested during his attendance on the General Assembly, or for >icases. |_en (jayS previous to its sitting, or for ten days after the rising there¬ of, except for treason, felony, or breach of the peace; nor shall any Freedom of member be liable to answer for any thing spoken in debate, in either House, in any Court or place elsewhere ; but shall neverthe¬ less be bound to answer for perjury, bribery, or corruption. 14. Sec. XV. Each House shall keep a journal of its proceed¬ ings, and publish them immediately after their adjournment; and the yeas and nays of the members on any question shall, at the de¬ sire of any two members, be entered on the journals. 15. Sec. XVI. All bills for raising revenue or appropriating mon¬ eys shall originate in the House of Representatives ; but the Senate shall propose or concur with amendments as in other bills. as-in bills ^EC" ^VII. Every bill shall be read three times, and on 'three separate days, in each branch of the General Assembly, beforey it shall pass, unless in cases of actual invasion or insurrection; nor shall any law or ordinance pass containing any matter different from what is expressed in the title thereof;1 and all Acts shall be signed by the President in the Senate, and the Speaker in the House of Representatives : no bill or ordinance which shall have been rejected by either House, shall be brought in again during the session, under the same or any other title, without the consent of two-thirds of each branch. Members t° 17. SEc. XVIII. Each Senator and Representative, before he be permitted to take his seat,shall take an oath or make affirmation that he hath not practised any unlawful means, either directly or indirectly, canvassing to procure his election, and every person shall be disqualified from prohibited. gervqng ag a genator or Representative for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat, or canvassed for such election, and every candidate employing like means and not elected, shall on conviction be ineligible to hold a seat in either House, or to hold any office of honor or profit for the term of one year, and to such other disabili-' ties or penalties as may be prescribed by law. oath of the 18. Sec. XIX. Every member of the Senate or House of Rep- Inem era- resentatives shall, before he takes his seat, take the following oath or affirmation, to-wit: " 1, A B, do solemnly swear, or atnrm, (as the case may be,) that I have not obtained my election -by bribery, treats, canvassing, or other undue or unlawful means, used by my¬ self, or others by my desire or approbation, for that purpose; that I consider myself constitutionally qualified as a Senator or Representa¬ tive ; and that on all questions and measures which may come be¬ fore me, I will give my vote, and so conduct myself, as may, in my judgment, appear most conducive to the interest and prosperity of this State ; and that I will bear true faith and allegance to the same; [1.] So much only is void as differs from the title. 4 Ga. Rep. 26. As to what the title should contain, see 6 Ga. Rep. 21. debate. Journals. Yeas and nays. Revenue bills. Rules for APPENDIX.—Constitution of Georgia.—1798. 1115 Disqualification—Adjournment—Powers of General Assembly. and to the utmost of my power and ability observe, conform to, sup¬ port and defend the Constitution thereof."* . 19. Sec. XX. No person who hath been, or may be convicted Generaldis- of felony, before any Court of this State, or any of the United States, from office" shall be eligible to any office or appointment of honor, profit, or trust, within this State. 20. Sec. XXI. Neither House, during the session of the Gener- Adjoumm't al Assembly shall, without the consent of the other, adjourn for more kture.Le81s" than three days, nor to any other place than that at which the two branches shall be sitting; and in case of disagreement between the Senate and House of Representatives with respect to their adjourn¬ ment, the Governor may adjourn them. 21. Sec. XXII. The General Assembly shall have power top°wfsof make all laws and ordinances which they shall deem necessary and Assembiyf proper for the good of the State, which shall not be repugnant to this Constitution.1 22. Sec. XXIII. They shall have power to alter the bounda- newcoun- ries of the present Counties, and to lay off new ones, as well out ofties" the Counties already laid off, as out of the other territory belonging to the State ; but the property of the soil in a free government, be¬ ing one of the essential rights of a free people, it is necessary, in order to avoid disputes, that the limits of this State should be as¬ certained with precision and exactness ; and this convention com¬ posed of the immediate representatives of the people, chosen by them to assert their rights, and to revise the powers given by them to the Government, and from whose will all ruling authority of right flows, doth assert and declare the boundaries of this State to be as Declaration follows : That is to say, the limits, boundaries, jurisdiction, and au- dLyhof thl" thority of the State of Georgia do, and did, and of right ought to ex-state- tend from the sea, or the mouth of the river Savannah, along the northern branch or stream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee and from thence along the most northern branch or stream of the said river Tugalo, till it in¬ tersects the northern boundary line of South Carolina. If the said branch or stream of Tugalo extends so far north, reserving all the islands in the said rivers Savannah and Tugalo to Georgia ; but if the head spring or source of any branch or stream of the said river Tu¬ galo does not extend to the north boundary line of South Caroli¬ na, then a west line to the Mississippi, to be drawn from the head spring or source of the said branch or stream of Tugalo river, which extends to the highest northern latitude; thence down the middle of the said river Mississippi, until it shall intersect the northernmost part of the thirty-first degree of north latitude ; south by a line drawn due east from the termination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the mid¬ dle of the river Apilachicola or Chattahoochee ; thence along the middle thereof to its junction with Flint river; thence straight to ♦Also to support the Chnstitution of the United States. See Constitution. United States, Art. VI. sec. 81. [1.] The extent of this power considered. 8 Ga. 216. 1116 APPENDIX—Constitution of Georgia.—1798. Yazoo purchases void—Donations. the head of St. Mary's river, and thence along the middle of St. Mary's river to the Atlantic Ocean; and Irom thence to the moitth or inlet of Savannah river, the place of beginning. Including and comprehending all the lands and waters within the said limits, bound¬ aries, and jurisdictional rights, and also all the islands within twenty leagues of the sea coast. And this convention doth further declare and assert, that all the territory without the present temporary line and within the limits aforesaid, is now of right the property of the free citizens of this State, and held by them in sovereignty, inalien- TheVLehni a^e but by their consent: Provided nevertheless, that nothing here- jure amiior- in contained shall be construed so as to prevent a sale to, or contract certain part with the United States, by the Legislature of this State, of and for to the u.s. alj or auy pal.t tjle western territory of this State, laying west¬ ward of the river Chattahoochee, on such terms as may be beneficial to both parties; and may procure an extension of settlement, and an extinguishment of Indian claims in and to the vacant territory of this State, to the east and north of the said river Chattahoochee, to which territory such power of contract or sale, by the Legislature, Proviso. shall not extend: And provided a,lso, the Legislature may give its con¬ sent to the establishment of one or more governments westward thereof; No monopo-but monopolies of land by individuals being contrary to the spirit of ted.peuait our free Government, no sale of territory of this State, or any part thereof, shall take place to individuals or private companies, unless, a County or Counties shall have been first laid off, including such territory, and the Indian rights shall have been extinguished thereto, certain pnr- 23. Sec. XXIV. The foregoing section of this Article having , stitntionally declared the common rights of the free citizens of this State in and V0ld' to all the territory without the present temporary boundary line, and within the limits of this State thereby defined, by which the con¬ templated purchases of certain companies of a considerable portion thereof are become constitutionally void; and justice and good faith require that the State should not detain a consideration for a corn tract which has failed; the Legislature, at their next session, shall consider- make provision by law for returning to any person or persons who t^be return-has or have bona fide deposited moneys for such purchases in the ed> treasury of this State : Provided, that the same shall not have been drawn therefrom in terms of the Act passed the 13th day of Feb. . 1796, commonly called the rescinding Act, or the appropriation laws and never to of the years 1796, and 1797 ; nor shall the moneys paid for such part of "ti^ purchases ever be deemed a part of the funds of this State, or be lia- pubiicfunds. kje t0 appropriation as such ; but until such moneys be drawn from the treasury, they shall be considered altogether at the risk of the persons who have deposited the same. No money shall be drawn, out of the treasury, or from the public funds of this State, except by appropriation made by law, and a regular statement and account of the receipts and expenditures of all public moneys shall be published Donations, from time to time. No vote, resolution, law, or order shall pass the gr°untted.be General Assembly, granting a donation or gratuity in favor of any person whatever, but by the concurrence of two thirds of the Gen¬ eral Assembly. 24. Sec. XXV. It shall be the duty of the Justices of the Infe- APPENDIX.—Constitution of Georgia.—1798. 1117 Census—Governor. rior Court, or any three of them, in each County respectively, with- A cenms to in -sixty days after the adjournment of this convention, to appointbe taken" one. or more fit persons in each County, not exceeding one for each battalion district, whose duty it shall be to take a full and accurate census or enumeration of all free white persons and people of color residing therein, distinguishing, in separate columns, the free white persons from persons of color ; and return the same to the Clerks of the Superior Courts of the several Counties, certified under their hands, on or before the first day of December next; the persons so appointed being first severally sworn before the said Justices, or ei¬ ther of them, duly and faithfully to perform the trust reposed in them ; and it shall be the duty of the said Clerks to transmit all such returns under seal, directed to the Speaker of the House of Representatives, at the first session of the Legislature thereafter ; and it shall be the duty of the General Assembly, at their said first session, to apportion the members of the House of Representatives among the several Counties, agreeably to the plan prescribed by this Constitution, and to provide an adequate compensation for the taking of the said cen¬ sus. Every person whose usual place of abode shall be in any fam¬ ily on the first Monday in July next, shall be returned as of such family ; and every person, occasionally absent at the time of taking the enumeration, as belonging to that place in which he usually re¬ sides. The General Assembly shall, by law, direct the manner of taking such census or enumeration, within every subsequent term of every seven seven years, in conformity to this Constitution.* And it is declaredyears' to be the duty of all officers, civil and military, throughout this State, to be aiding and assisting in the true and faithful execution thereof. In case the Justices of the Inferior Courts should "fail to make such appointments, or if there should not be a sufficient number of such Justices in any County, then the Justices of the Peace, or any three of them, shall have and exercise like powers and authority respect¬ ing the said census ; and if the census or enumeration of any County shall not be so taken and returned, then, and in that case, the Gen¬ eral Assembly shall apportion the representation of such County, ac¬ cording to the best evidence in their power, relative to its popula¬ tion. 25. Sec. I. The Executive power shall be vested in a Governor, Governor who shall hold his office during the term of two years, and until such tVoyLrs. time as a successor shall be chosen and qualified : He shall have a ARTICLE H. Sec. 2-5. Governor, term of office. " 26. Election, contested elections. " 27. Qualification. " 28. Vacancy. " 29. Oath. " 30. Style. " 31. Pardoning power. Sec. 32. Writs of election, special sessions. '• 33. Pilling vacancies. " 34. Veto power. " 3o. As to resolutions. " 36. State House officers. " 37. Great Seal. " 38. Governor's Secretaries. * Last census, 18-15—see Acts of 1813, Pam. 12. 111S APPENDIX.—Constitution of Georgia.—1798. Election—Contested elections—Vacancies. competent salary established by law, which shall not be increased or diminished during the period for which he shall have been elected; neither shall he receive within that period, any other emolument, from the United States, or either of them, or from any foreign power. theonvern- 26. Sec. II. [As amended by Act passed Dec. 1823, and Nov. bynfepJo- 1821. Yol. IY. 116.] " The Governor shall be elected by the per- ple* sons qualified to vote for members of the General Assembly, on the first Monday in October, in the year of our Lord 1825; and on the first Monday in October in every second year thereafter, • until such time be altered by law; which election shall be held at the place of holding general elections, in the several Counties of this State, in the same manner as is prescribed for the election of members of the whenelwher8 General Assembly. The returns for every election of Governor shall he!dh'ow sealed up by the presiding Justices, separately from other returns, and directed to the President of the Senate and the Speaker of the House of Representatives, and transmitted to his Excellency, the Gov¬ ernor, or the person exercising the duties of Governor for the time be¬ ing, who shall without opening the said returns, cause the same to be laid before the Senate, on the day after the two Houses shall have been organized, and they shall be transmitted by the Senate to the how boated' House of Representatives. The members of each branch of the rioted1 di General Assembly shall convene in the Representative chamber, and the President of the Senate, and the Speaker of the House of Rep¬ resentatives, shall open and publish the returns in presence of the said returns, General Assembly ; and the person having the majority of the whole and pubifsh1 number of votes given in, shall be declared duly elected Governor of The person th*8 State : but if no person have such majority, then from the por- ^ntyf0ab™a"sons having the two highest number of votes who shall be in life, declared and shall not decline an election at the time appointed for the Leg- incalo'ofnoislature to elect, the General Assembly shall elect immediately a iay?the guv- Governor by joint ballot; and in all cases of election of a Governor by chuwuby6 ^ General Assembly, a majority of the votes of the members pres- a'g ^ en* shah he necessary for a choice. Contested elections shall be dc- Cnntested" termmed by both Houses of the General Assembly, in such manner eiectioJU. ag s|iaq ke prescribed by law." 27. Sec. III. [As amended by Acts of 1845. Pam. 17, and 1847. iiis quaiiff- Pam- 62.] No person shall be eligible to the office of Governor cutiuns. who shall not have been a citizen of the United States twelve years, and an inhabitant of this State six years, and who hath not attain¬ ed the age of thirty years.* 28. Sec. IY. [Proposed as an amendment, 19th December, 1817. Yol. III. Pam. of 1817, p. 74; and passed 15th December, 1818, p. wfiue'd 212.] Incase of the death, resignation, or disability of the Governor, the President of the Senate, or the last acting President of the fien- atef shall exercise the Executive powers of the government until such disability be removed, in the election and qualification of the *Properfcv qualification before this amendment " and who does not possess /500 a"rc3 of land in his own riqht within this State, and other property to the amount 01 £.1,0 )'»; and v.'ho.-e estate shall not on a reasonable estimation, be competent to the discharge of his just debts over and above that sum." f Added by the amendment. APPENDIX.—Constitution of Georgia.—1798. 1119 Oath—Style—Powers—Yeto—State House officers. Governor by the General Assembly: And in case of the death, resig¬ nation, or disability of the President of the Senate, or the last act¬ ing President of the Senate, the Speaker of the House of Represen¬ tatives, or the acting Speaker of the House of Representatives, shall exercise the Executive powers of the government until such disabil¬ ity beremoved in the election and qualification of a Governor by the General Assembly.* 29- Sec. Y.. The Governor shall, before he enters on the duties ®°t[1ernor'3 of his office, take the following oath or affirmation : " I do solemnly swear or affirm, (as the case maybe,) that I will faithfully execute the office of Governor of the State of Georgia ; and will, to the best of my abilities, preserve, protect, and defend the said State, and cause justice to be executed in mercy therein, according to the Constitu¬ tion and Laws thereof." 30. Sec. VI. He shall be Commander-in-Chief of the army and his style, navy of this State, and of the militia thereof. 31. Sec. VII. He shall have power to grant reprieves for offen-his power in ces against the State, except in cases of impeachment, and to grantpardomns- pardons, or to remit any part of a sentence, in all cases after convic¬ tion, except for treason or murder, in which cases he may respite the execution, and make report thereof to the next General Assembly, by whom a pardon may be granted. 32. Sec. VIII. He shall issue writs of election to fill up all va- cancies that happen in the Senate or House of Representatives, writs of eiec- and shall have power to convene the General Assembly on extraor- vacancies in dinary occasions ; and shall give them from time to time informa- tion of the state of the republic, and recommend to their considera- ®f0e„gal&®es" tion such measures as he may deem necessary and expedient. 33. Sec. IX. When any office shall become vacant by death, and dn 7s- J J 7 cancies in resignation, or otherwise, the Governor shall have power to fill such m office, vacancy; and persons so appointed shall continue in office until a successor is appointed agreeably to the mode pointed out by this Constitution, or by tne Legislature. 34. Sec. X. He shall have the revision of all bills passed by his power both Houses, before the same shall become laws, but two-thirds of lawsf""15 both Houses may pass a law notwithstanding his dissent ;f and if any bill should not be returned by the Governor within five days after it hath been presented to him, the same shall be a law, un¬ less the General Assembly, by their adjournment, shall prevent its return. 35. Sec. XI. Every vote, resolution, or order, to wnich the and passing concurrence of both Houses may be necessary, except on a questionTos, 210, 227. 1120 APPENDIX.—Constitution of Georgia.—1798. ' "1 Seal—Judicial powers—Supreme Court. sec.ofst:ite, urer, and Surveyor General, appointed in the same manner, and at anTsw-vey- the same session of the Legislature and they shall hold their offices or aenerai. for tj10 jjj^g period as the Governor, and shall have a competent sala- ary, including such emoluments as may be established bylaw, which shall not be increased or diminished during the period for which they shall have been elected. great seal 37. Sec. XIII. The great seal of the State shall be deposited oi the state, ^ 0qq.3e 0f Secretary of State, and shall not be affixed to any instrument of writing, but by order of the Governor or Gen¬ eral Assembly; and the General Assembly shall, at their first session to be altered, after the rising of this Convention, cause the great seal to be altered by law. governor's 38. Sec. XIV. The Governor shall have power to appoint his Secretaries. ™ „ A own Secretaries.* ARTICLE III. Sec. 39. Jurisdiction of Courts. " 40. Judges' salaries. " 41. State's Attorney and Solicitors. " 42. Judges of Inferior Court. " 43. .Justiccs of the Peace. " 41. Court of Ordinary—appeal, &c. Sec. 45. Mandamus—prohibition, &c. " 46. Digest—counsel. " 47. Divorces. " 48. Clerks Superior and Inf. Courts. " 49. Sheriffs. • npreme Court. 3 Judges, Judicial 39. Sec. I. [As amended in 1811, and again in 1818, and pJwer' again in 1835, and again in 1843.] The Judicial powers of this State shall be vested in a Supreme Court, for the correction of errors, a, Superior, Inferior and Justices' Courts, and in such other Courts as the Legislature shall, from time to time, ordain and establish. The Su¬ preme Court shall consist of three Judges, who shall be elected by the Legislature for such term of years as shall be prescribed by law, and shall continue in office until their successors shall be elected and qualified, removable by the Governor on the address of two-thirds of both branches of the General Assembly for that purpose, or by jurisdiction, impeachment and conviction thereon. The said Court shall have no original jurisdiction, but shall be a Court alone for the trial and correction of errors in Law and Equity from the Superior Courts of t» sit once a the several Circuits, and shall sit at least once a year, at a time to be circuit!1 prescribed by law, in each of five Judicial districts, to be hereafter laid off and designated by the Legislature for that purpose, at the most central point in such Judicial district, or at such other point in each causes to be district as shall by the General Assembly be ordained, for the trial at firat term, and determination of writs of error from the several Superior Courts providential included in such Judicial districts. And the said Court shall, at cause. each session in each district dispose of and finally determine each and every case on the docket of such Court at the first term1 after /such writ of error brought; and in case the plaintiff in error in any *Bv Act of 1789, Wat kins, 413, it is provided that that there shall he but two Secreta¬ ries, who shall be citizens of the State rnd 21 years old. By Act of 1841, Pam. p. 13, three are allowed. [I.] What is th a first term—see 6 Ga. Rep. 113, APPENDIX.—Constitution of Georgia.—1798. 1121 Superior and Inferior Courts. such case shall not be prepared, at such first term of such Court, af¬ ter error brought to prosecute the same, unless precluded by some providential cause from such prosecution, it shall be stricken from the docket, and the judgment below shall stand affirmed.1 The superior Judges of the Superior Court shall be elected for the term of fourCourts' years, and shall continue in office until their successors shall be elected and qualified, removable by the Governor on the address of two-thirds of both branches of the General Assembly for that pur¬ pose, or by impeachment and conviction thereon. The Superior Jurisdiction. Court shall have exclusive jurisdiction in all criminal2 cases (except as relates to people of color, and fines for neglect of duty and for contempt of Court, for violations against road laws, and for obstruct¬ ing water courses, which shall be vested in such judicature or tribu¬ nal as shall be or may have been pointed out by law, and except in all other minor offences committed by free white persons, and which do not subject the offender or offenders to loss of life, limb or member, or to confinement in the penitentiary: in all such cases Corporation corporate C./ ourts Courts, such as now exist or may hereafter be constituted in any in¬ corporated City, being a sea-port town and a port of entry, may be vested with jurisdiction, under such rules and regulations as the Le¬ gislature may hereafter by law direct,) which shall be tried in the criminal County where the crime was committed; and in all cases respecting trfeX'where titles to land, which shall be tried in the County where the land lies, Landcauses- and also concurrent jurisdiction in all other civil cases, and shall have power to correct errors in inferior judicatories, by writ of certiorari, and to grant new trials in said Superior Courts 011 prop- certiorari. 1 er and legal grounds ; and in all cases where a new trial shall be so New trials, allowed, the Judge allowing the same shall enter on the minutes of said Court his reasons for the same, and the said Superior Courts shall have appellate jurisdiction in such other cases as may be point- Appellate ed out by law, in cases arising in inferior judicatories, which shall in of"sSuper?or no case tend to remove the cause from the County in which the ac- 0ourts- tion originated. [Thus far as amended in 1835, Pam. 49.] The junction Inferior Courts shall also have concurrent jurisdiction in all civil3 ca- ses, (except in cases respecting the title to lands,*) which shall promissors. be tried in the County wherein the defendant resides ;4 and in cases of joint obligors, or joint promissors* residing in different Counties, the same may be brought in either County, and a copy of the peti¬ tion and process served on the party residing out of the County in which the suit may be commenced, shall be deemed sufficient ser- *The passages in small capitals were added by the amendment proposed in 1810' and passed„in 1811. Those in the italie characters by the amending Act proposed in 1817, and passed in 1818. [Vol.111. 175.] (1.) See 4 Ga. Rep. 558. (2.) Does not include local by-laws or police regulations of town corporations, i Ga. . Rep. 509. (3.) Equity causes are not included. 3 Kelly, 575. 4 Ga. Rep. 571. (4.) Sei./a. vs. bail not included in this provision. \ Kelly, 315. See 4 Ga. Rep, 571. 5 Ga. Rep. 527. 141 1122 APPENDIX.—Constitution of Georgia.—1708. - . ■■■* Judges—State's attorneys—Court of Ordinary. vice, under such rules and regulations as the Legislature have or* may direct. [And in case of a maker and indorser or indorsers of promissory notes residing in different Counties in this State, the same may be sued in the County where the maker resides, and a copy of the pe¬ tition and process served on the indorser or indorsers residing out of the County in which the suit may be commenced, shall be deemed sufficient service under the same rules and regulations as the Legis¬ lature have or may direct, in the case of joint obligors and joint prom- courts to sit issors.fl The Su perior and Inferior Courts shall sit in each County twice a year. 1J r ' twice in every year, at such stated times as have or* may be ap¬ pointed by the Legislature. Judges'to 40. Sec. II. The Judges shall have salaries adecjuate to their havesalanesservices, established by law, which shall not be increased or dimin¬ ished during their continuauce in office; but shall not receive any other perquisites or emoluments whatever, from parties or others, oji account of any duty required of them, state'sattor- 41. Sec. III. [As amended in 1841, Pam. 61.] There shall be fStS S° a State's Attorney and Solicitors appointed by the Legislature, and Term of of- commissioned by the Governor, who shall hold their offices for the fice- term of four years, or until their successors shall be elected and qual¬ ified,% unless removed by sentence on impeachment, or by the Gov¬ ernor, on the address of two-thirds of each branch of the General Salaries. Assemby. They shall have salaries adequate to their services, es¬ tablished by law, which shall not be increased or diminished during their continuance in office. Justices of 42. Sec. IV. [Amended in 1812, and again amended in 18-19, court*fenor Vol. III. 171, 177.] The Justices of the Inferior Courts^ shall be elected by the persons entitled to vote for members of the Legisla¬ ture. in such manner as the Legislature may by law direct. ' and justices 43. Sec. V. Amended in 1812, and again amended in 1819, Vol. eie'ctiveb^TII. 171, 177.] The Justices of the Peace^ throughout this State, me people, gpgq pe e]ected by the persons residing in their respective districts, entitled to vote for members of the General Assembly, under such rules and regulations as the Legislature may by law direct, courtofor- 44. Sec. VI. The powers of a Court of Ordinary or register of dmary. probates, shall be vested in the Inferior Courts of each County, from Appeal to whose decision there may be an appeal to the Superior Court, under courtUperi°rsuch restrictions and regulations_as the General Assembly may by law direct; but the Inferior Court shall have power to vest the care *Thc passages in small capitals -were added by tlie amendment proposed in 1810, and passed in 1811. Those in tlie italic character, by the amending Act proposed in 1817, and passed in 1818. [Vol. III. 175.] tThis passage in brackets, added by amendment passed 1842, Pam. 58, and 1843, Pam, 20. +The passage in italics, added by amendment of 1841. Previously, term of office 3 years. §By the original section of 1798, Justices of the Inferior Court were appointed by the General Assembly, and might be compensated by law. Justices of the Peace were to be nominated by the Inferior Courts; and in both cases, to hold their offices during good behavior. The amendment of 1812, [Vol. III. 171] directed that these offices and vacancies therein, should be filled by popular election, prescribing at large the term of office, and the mode of conducting the elections. APPENDIX.—Constitution of Georgia—1798. 1123 Clerks—Licenses—Mandamus—Counsel—Divorces. of the records and other proceedings thereon, in the Clerk, or such cierk. other person as they may appoint,*'and any one or more Justices of the said Court, with such Clerk or other person, may issue citations, j[[t™Poraty and grant temporary letters, in time of vacation, to hold until the next meeting of the said Court; and such Clerk or other person may Marriage grant marriage licenses. licenses. 45. Sec. VII. The Judges of the Superior Courts, or any one of Mandamus them, shall have power to issue writs of mandamus,1 prohibition, scire &c. facias, and all other writs which may be necessary for carrying their powers fully into effect. 46. Sec. VIII. Within five years after the adoption of this Con- Digest, stitution, the body of our laws, civil and criminal, shall be revised, digested and arranged, under proper heads, and promulgated in such manner as the Legislature may direct; and no person shall be de- Appearance barred from advocating or defending his cause before any Court or ^iuperson. tribunal, either by himself or counsel, or both.2 47. Sec. IX. [As amended by the Act finally passed in 1833, Pam. 47, and again in 1849, Pam. 419.] Divorces shall be final and conclusive when the parties shall have Divorces, obtained the concurrent verdicts of two special Juries authorizing a divorce upon such legal principles,! as the General Assembly may by law prescribe.|3 48. Sec. X. [As amended 16th December, 1808. Vol. II. 515.] The Clerks of the Superior and Inferior Courts shall be elected on clerks, the same day as pointed out by law for the election of the other County officers.$ 49. Sec. XI. Sheriffs shall be appointed in such manner as the sheriffs. General Assembly may by law direct, and shall hold their appoint¬ ments for the term of two years, unless sooner removed by sentence on impeachment, or by the Governor, on the address of two-thirds of the Justices of the Inferior Court and of the Peace in the Coun¬ ty ; but no person shall be twice elected Sheriff within any term of four years'; and no County officer after the next election shall be chosen at the time of electing a Senator or Representative. • * But the Clerk is not removable by the Court of Ordinary. See the resolution in the case of Edward White. Vol. II. 681. fThe following is the preamble to the amendment of 1833 .- Whereas, the frequent, numerous.and repeated applications to the Legislature to grant divorces, has become a great annoyance to that body, and is well worthy their at¬ tention, as well on account of the expense consequent on said applications, as the unne- ■ cessarily swelling the laws and journals; and 'believing that the public good woud be as much promoted, and that the parties would receive full and complete justice ; Be it en¬ acted. $c. JThc words in italics, added by amendment of 1847, 1849. ^Originally thus—'■ The Clerks of the Superior and Inferior Courts shall be appointed in such manner as the Legislature may by law, direct; shall be commissioned by the Governor, and shall continue in ofliee during good behavior." [1.] Is it a writ of right? 4 Ga. Rep. 26, lid. When granted. 'Ib. Grantable in va¬ cation—when returnable. See 1 Kelly 271. [2.] See 7 Get. Rep. 190. [3.] See 2 Kelly, 192. ' ' 1124 APPENDIX.—Constitution of Georgia.—1798. Elections—by General Assembly—Militia Officers —Vacancies. ARTICLE IY. Sec. 50. Electors' qualification. " 51. Elections by General Assembly. " 52. Election of militia officers. " 53. Filling vacancies. " 54. Jury trial, press, ex post, &c. " 55. Holders of public money. " 56. Insolvent debtors. " 57. Amnesty as to impeachments. Sec, 58. Habeas corpus. '• 59. Freedom of conscience. " GO. Importation and emancipation of slaves. " 61. Murder of slaves. " 62. Arts and sciences. " 63. Officers, and laws in force. " 64. Amendments. Selectors'11 ^EC' e*ectors members of the General Assembly, shall be citizens and inhabitants of this State, and shall have attain¬ ed the age of twenty-one years, and have paid all taxes which may have been required of them, and which they have had an opportuni¬ ty of paying, agreeably to law, for the year preceding the election, Plaees of and shall have resided six months within the County: Provided, elections in that in case °f invasion, and the inhabitants shall be driven from any eertain cases County, so as to prevent an election therein, such refugee inhabitants, being a majority of the voters of such County, may meet under the direction of any three Justices of the Peace thereof, in the nearest County, not in a state ot alarm, and proceed to an election, without having paid such tax so required of electors, and the persons elected thereat, shall be entitled to their seats. theCGeteryi ^' ®EC' ^ ^ e^ect^ons; by ^ie General Assembly, shall be Assembly to by joint ballot of both branches of the Legislature; and when the be by ballot. genate anc[ jjouse of Representatives unite for the purpose of elect¬ ing, they shall meet in the Representative chamber, and the Presi¬ dent of the Senate shall in such cases preside, receive the ballots, and declare the person or persons elected. In all elections by the people, the electors shall vote viva voce,* until the Legislature shall otherwise direct. 52. Sec. III. [As amended by Acts of 1842, Pam. 57, and 1843, Pam. 16.] Militia offi- It shall and may be lawfulfor all Major Generals and Brigadier elected and Generals, to be elected by the people of the respective divisions and commission- Jj^gades ; and allpersons subject to militia duty, shall be entitled to vote for the same onlyf and shall be commissioned by the Gover¬ nor. All other officers of the militia shall be elected in such man¬ ner as the Legislature may direct, and shall be commissioned by the Governor; and all militia officers now in commission, and those which may be hereafter commissioned, shall hold their commissions, during their usual residence within the division, brigade, regiment, battalion, or company, to which they belong, unless removed by sen¬ tence of a court-martial, or by the Governor, on the address of two- thirds of each branch of the General Assembly. appoint- 53. Sec. IY. All persons appointed by the Legislature to fill va- vaeandes. cancies, shall continue in office only so long as to complete the time for which their predecessors were appointed. *Mode of voting altered by Act of 1799, Vol. I. p. 202. fThe portion in italics is the amendment of 1842-43, APPENDIX—Constitution or Georgia.—1798. 1125 Trial by Jury—Habeas Corpus, &c.—Importation of slaves—Emancipation. 54. Sec. Y. Freedom of the press, and trial by Jury, as hereto-the press, fore used in this State,1 shall remain inviolate ; and no ex post facto law shall he passed.2 55. Sec. VI. No person who heretofore hath been, or hereafter defaulting may be a collector or holder of public moneys, shall be eligible to any &°c nCot°eil- office in this State, until such person shall have accounted for, andSlb!et00ffice paid into the Treasuary, all sums for which he may be accountable or liable.* 56. Sec. VII. The person of a debtor, where there is not a insolvent strong presumption of fraud, shall not be detained in prison after de, debtors- livering bona fide all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. 57. Sec. YIII. Convictions on impeachments, which have here-amnesty as tofore taken place, are hereby released, and persons lying under such ments. convictions restored to citizenship. 58. Sec. IX. The writ of habeas corpus shall not be suspended habeas corpus. unless when, in case of rebellion or invasion, the public safety may require it. 59. Sec. X. No person within this State shall, upon any pre- freedom of tence, be deprived of the inestimable privilege of worshipping God "1 in a manner agreeable to his own conscience, nor be compelled to attend any place of worship, contrary to his own faith and judg¬ ment, nor shall he ever be obliged to pay tithes, taxes, or any other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry, contrary to what he be¬ lieves to be right, or hath voluntarily engaged to do. No one relig¬ ious society shall ever be established in this State in preference to another, nor shall any person be denied the enjoyment of any civil right merely on account of his religious principle. 60. Sec. XL There shall be no future importation of slaves in- to this State from Africa, or any foreign place, after the first day of October next. The Legislature shall have no power to pass laws slaves not for the emancipation of slaves, without the consent of each of their cipat'd with- respective owners previous to such emancipation. They shall have "em of their no power to prevent emigrants, from either of the United States to owners- this State, from bringing with them such persons as may be deemed slaves by the laws of any one of the United States. 61. Sec. XII. Any person who shall maliciously dismember or fo^uSer- deprive a slave of life, shall suffer such punishment as would be in-511 saslave. flicted in case the like offence had been, committed on a free white person, and on the like proof, except in case of insurrection by such slave, and unless such death should happen by accident in giving such slave moderate correction. 62. Sec. XIII. The arts and sciences shall be promoted in one *See " Tax," sec. 63, as to surety of collectors. [1.] See 1 Kelly, 222. 5 Ga. Rep. 186. The Act allowing the State peremptory challenges, does not impair trial by Jury. 1 Kelly, 610. See 2 Kelly, 173. This clause explained to mean, that it shall not be taken away in cases where it ex¬ isted in 1798, and not that there must be a Jury in all cases. 5 Ga. Rep. 194. [2.] Applies only to criminal laws 4 Ga. Rep. 208. 1126 APPENDIX.—Constitution of Georgia.—1798. Arts and. sciences—Amendments. Promotion of or more seminaries of learning, and the Legislature shall, as soon as ences.nd SC1" conveniently may be, give such further donations and privileges to those already established as may be necessary to secure the objects of their institution; and it shall be the duty of the General Assem¬ bly at their next session to provide effectual measures for the im¬ provement and permanent security of the funds and endowments of such institutions. of°per"on"ce ^3. Sec. XIV. All civil officers shall continue in the exercise of in office. the duties of their several offices, during the periods for which they were appointed, or until they shall be superseded by appointments This consti- made in conformity to this Constitution : And all laws now in force carded'ffito shall continue to operate, so far as they are compatible with this Con- Legisiature6 stibution, until repealed • and it shall be the duty of the General As¬ sembly to pass all necessary laws and regulations for carrying this Constitution into full effect, comdtution ^EC" Part Constitution shall be altered, un- istobe ' less a bill for that purpose, specifying the alteration intended to be altered. ma(jej shall have been read three times in the House of Representa¬ tives, and three times in the Senate, on three seveal days in each House, and agreed to by two-thirds of each House respectively; and when any such bill shall be passed in manner aforesaid, the same shall be published at least six months previous to the next ensuing* election for members of the General Assembly: and if such altera¬ tions, or any of them so proposed, shall be agreed to in their first ses¬ sion thereafter by two-thirds of each branch of the General Assembly after the same shall have been read three times on three separate days in each respective House, then and not otherwise, the same shall become a part of this Constitution.f We, the underwritten delegates of the people of the State of Geor¬ gia, chosen and authorized by them to revise, alter, or amend the powers and principles of their Government, do declare, ordain, and ratify the several articles and sections contained in the six pages hereunto prefixed, as the Constitution of this State ; and the same shall be in operation from the date hereof. In testimony whereof, we, and each of us respectively, have hereun¬ to set our hands, at Louisville, the seat of Government, this thir¬ tieth day of May, in the year of our Lord one thousand seven hun¬ dred and ninety-eight, and in the twenty-second year of the inde¬ pendence of the United States of America,- and have caused the great seal of the State to be affixed thereto. *The word annual" was stricken out by amendment of 1840—1841. Pam. 61. f There appears to be no established usage in the authentication of such Acts; at least as to the signing, dating, and certification. The different modes heretofore pur¬ sued, are almost as numerous as the Acts themselves ; but by the resolution of 16th Dec. 1811, [Vol. III. 1089,] the opinion is expressed, "that the Governor's signature is not intended in the passage of any bill upon which hoth Houses had exercised thai constitutional right of two-thirds," and adopting as a rule in future, " That when an al¬ teration or amendment to the Constitution has passed during one session of the Legisla¬ ture, the same bill, with the seal of State thereunto affixed, shall be introduced, for its final passage at the next, and that no other bill be received in lieu thereof." APPENDIX.—Statute of Frauds. 1127 Analysis—Parol leases—Agreements in writing. III. STATUTE OF FRAUDS. Sec. 1. Parol leases—estate at will. " 2. Unless under three years. " 3. No freehold estate by parol. " 4. What agreements in writing 2 " 5. Devises of lands. " 6. Revocation of wills. " 7. Declarations of trusts. " 8. Trusts by implication. " 9. Assignments of trusts. " 10. JP'i. fas. vs. cestui que trust. " 11. Proviso as to heirs. "12. Estates per autre vie. " 13. Sale of goods £10. Sc. 14. Nuncupative wills. "15. Reduced to writing. " 16. Probate of. " 17. Revocation; wills of personalty. " 18. Soldiers' and mariners' wills. " 19. Husband—sole heir. " 20. Legatees; witnesses. " 21. After payment or refusal. " 22. Creditors, witnesses. " 23. Goes to their credit. " 24. Bonds, Ac. void as to creditors. " 25. Void Conveyances. " 26. Clauses of revocation. 29th Charles II. Ch. 3. An Act for prevention of Frauds and Perjuries. 1. Sec. I. For prevention of many fraudulent practices, which are commonly endeavor¬ ed to be upheld by perjury, and subornation of perjury: Be it enacted, fyc. That from and Parol leases after the 24th day of June, which shall be A. D. 1677, all leases, estates, interest offree- interest holds, or terms of years, or any uncertain interest of, in, or out of any messuages, manors, ghalf have lands, tenements, or heriditaments, made or created by livery and seisin only, or by parol, the force of ■ and not put in writing, and signed by the parties so making or creating the same, or their estates at agents thereunto lawfully authorized by writing, shall have the force and effect of leases wil1 onlf" -or estates at will only,! and shall not either in Law or Equity be deemed or taken to have any other or greater force or effect; any consideration for making any such parol leases or estates, or any former law or usage to the contrary notwithstanding. 2. Sec. II. Except nevertheless all leases not exceeding the term of three years from Except leas- the making thereof, whereupon the rent reserved to the landlord, during such term, shalles "ot e^~ amount unto two-third parts at least of the full improved value of the thing demised. years"^tc. 3. Sec. III. And moreover, that no leases, estates, or interests, either of freehold or jsj0 leases or term of years, or any uncertain interest, not being copyhold, or customary interest, of, estates of in, to, or out of any messuages, manors, lands, tenements, or hereditaments, shall at any time after the said 24th day of June, be assigned, granted, or surrendered, unless it be by granted by ' deed, or note in writing, signed by the party so assigning, granting, or surrendering the word, same, or their agents, thereunto lawfully authorized by writing, or by act and operation of law. 4. Sec. IV.* No action shall be brought whereby to charge any executor or admin- Promises & istrator upon any special promise, to answer damages out of his own estate; or whereby a?reement3 to charge the defendant upon any special promise to answer for the debt, default, or ex'rs&adm. miscarriages of another person ;2 or to charge any person upon any agreement made Debt of an- upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not Lands!26" to be performed within the space of one year from the making thereof ;3 unless the agree- Agreements ment upon which such action shall be brought, or some memorandum or note thereoffor more 6hall be in writing, and signed by the party to be charged therewith, or some other per-than a yea* sou thereunto by him lawfully authorized. * The clause which occurs here, and in many of the succeeding sections, fixing, after the 24th of June, 1677, for the commencement of the operation of the Act, is omitted. [1.] As to a parol license executed, see 3 Kelly, 83. [2.] A promise to indemnify another for becoming security to a third, need not be in writing. 1 Kelly, 294. A promise to indemnify a co-surety without consideration, is void. Ibid. A parol promise by the husband to pay the separate debt of his wife, is void. 6 C?# Rep. 14. The consideration must also be in writing. 6 Ga. Rep. 390. [3.] A contract executed on both sides is not included. 1 Kelly, 348. Nor where th© goods are to be delivered within a year, although the price is to be paid.thereafter. Ibid. After performance by the vendor, he cannot avail himself of the Statute. Ibid. 1128 APPENDIX.—Statute of Frauds. Agreements to be in writing—Wills—Assignment of Trusts—Fi. fa. vs. Cestui que trusts. Devises of 5. Sec. V. All devises and bequests of any lands, or tenements, devisable either by lands tobein force of the Statute of Wills, or by this Statute, or by force of the custom of Keut, or attested'b "3 ^ ^orco custom of any borough, or any other particular custom, shall be in writ- oj-4 witnes!s. ing, and signed by the party so devising the same, or by some other person in his pre¬ sence, and by bis express directions, and shall be attested and subscribed in the presence of the said devisorlby three or four credible witnesses, or else they shall be utterly void, and of none effect. Ilow wills 6. Sec. YI. And moreover, no devise in writing of lands, tenements, or heredita- shall be re- meats, or any clause thereof, shall at any time be revocable, otherwise than by some vocable. other will or codicil in writing, or other writing declaring the same, or by burning, can¬ celling, tearing, or obliterating the same, by the testator himself, or in his presence, and by his directions and consent; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn, or obliterated by the testator, or his directions, in manner aforesaid, or unless the same be altered by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses, declaring the same, any former law or usage to the contrary notwithstanding. Declarations 1* Sec. VII. All declarations or creations of trusts or confidences of any lands, tene- or creation's ments, or hereditaments, shall be manifested and proved by some writing^ signed by the of trust shall party, who is by law enabled to declare such trust, or by his last will in writing, or else be in writing t]jey shall be utterly void and of none effect. Trusts by 8. Sec. VIII. Provided always, that where any conveyance slia.ll be made of any Implication lands or tenements by which a trust or confidence shall or may arise or result by the ira- rf law ex- plication or construction of law, or be transferred or extinguished by an act or operation of law, then, and in every such case, such trust or confidence shall be of the like force and effect as the same would have been if this Statute had not been made; any thing hereinbefore contained to the contrary notwithstanding. Assignm'ts ^ ®EC- IX. All grants and assignments of any trust or confidence, shall likewisftbe of trusts to in writing, signed by the party granting 01 assigning the same by such last will or de- be in writ'g. vise, or else shall likewise be utterly void and of none effect. Lands Sec. 10- Sec. X. It shall and may be lawful for every Sheriff, or other officer, to whom shall b'e lia- any writ or precept is or shall be directed, at the suit of any person or persons, of, for, ble toexecu- and upon any judgment, Statute, or recognizance, hereafter to be made, or had, to do, c«"ti Qga'nstmake, and deliver execution unto the party in that behalf suing, of all such lands, tene- trust, ments, rectories, tithes, rents, and hereditaments, as any other person or persons be in any manner of wise seized or possessed, or hereafter shall be seized or possessed in trust for him against whom execution is so sued, like as the Sheriff or other officer might or ought to have done, if the said party against whom execution hereafter shall be so sued, had been seized of such lands, tenements, rectories, tithes, rents, or other hereditaments, of such And held estate as they be seized of in trust for him at the time of the said execution sued; which free from in-lands, tenements, rectories, tithes, rents, and other hereditaments, by force and virtue of, of the^erson SUCI1 execution, shall accordingly be held and enjoyed, freed and discharged from all who was sei- incumbrances of such person or persons as shall be so seized or possessed in trust for zed intrust, the person against whom such execution shall be sued. And if any cestui que trust here- shalfbeas16 a^er shall die, leaving a trust in fee simple to descend to his heir, there, and in every sets in the" such case, such trust shall be deemed and taken, and is hereby declared to be assets by hands of the descent, and the heir shall be liable to, and chargeable with the obligation of his ances- heirs of ces- tors for and by reason of such assets, as fully and amply as he might or ought to have m que trust. jjeeil) jf the estate in law had descended to him in possession in like manner as the trust descended; any law, custom, or usage to the contrary in any wise notwithstanding. But no heir H- Sec. XI. Provided always, that no heir that shall become chargeable by reason of shall become any estate or trust made assets in his hands by this law, shall by reason of any kind of chargeable plea, or confession of the action, or suffering judgment by nient dedire, or any other mat- own'estate ^er' chargeable to pay the condemnation out of his own estate; but executions shall by reason of be sued of the whole estate so made assets in his hands by descent, in whose hands so- this Act. ever it shall come, after the writ purchased, in the same manner as it is to be at, and by the Common Law, where the heir at law, pleading a true plea, judgment is prayed against him thereupon; any thing in this present Act contained to the contrary notwith- Estates for 12. Sec. XII. And for the amendment of the law in the particulars following: Be it the life of further enacted, fyc. That from henceforth any estate per auter vie shall be devisable by be°(UvUable'*n writing, signed by the party so devising the same, or by some other person in his 'presence, and by his express directions, attested and subscribed in the presence of the devisor by three or more witnesses; and if no such devise thereof be made, the same [I.] The position must be such that the testator could have seen had he seen proper to look. 6 Ga. Rep. 539. [2.] The trust need not be created by writing, but must be proved by writing. 5 Go. Rep. 341. n Ga. Rep. 590, 612. APPENDIX.—Statute or Frauds. 11-29 Sale of goods—Nuncupative wills—Revocation of wills. shall be chargeable in the hands of the heir, if it shall come to him by reason of a spe- and shall be cial occupancy, as assets by descent, as in case of lands in fee simple; and in case there assets in the be no special occupant thereof, it shall go to the executors or administrators of the party that had the estate thereof by virtue of the grant, and shall be assets in their hands. tjiero Is n0 [Sec. XIII. XIY. XV. and XVI. direct, that judgments shall be dated, and they shall special oo- bind lands from such date, and personal property from the delivery of "the execution to cupant, shall the Sheriff. Superseded by the provisions of our Judiciary Law.] gotaexecra. 13. Sec. XVII. Xo contract for the sale of goods, wares, and merchandise, for the Contracts for price of ten pounds sterling, or upwards, shall be allowed to be good, except the buyer p]'0 goods shall accept part of the goods so sold, and actually receive the same, or give something ^oxa. or in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such a contract, or their agents thereunto lawfully authorized.l Sec. XVIII. [Relates to recognizances in the nature of Statutes staple—not allowed by the Judicial Acts of this State.] 14. Sec. XIX. And for prevention of fraudulent practices, in setting up nuncupative y,lnCupative wills, which have been the occasion of much perjury : Be it enacted, fyc. That no nuncu- wills, pative will shall be good, where the estate thereby bequeathed shall exceed the value of thirty pounds, that is not proved by the oaths of three witnesses* (at the least) that were present at the making thereof; nor unless it be proved that the testator, at the time of pronouncing the same, did bid the persons present, or some of them, bear wit¬ ness that such was his will, or to that effect; nor unless such nuncupative will were made in the time of the last sickness of the deceased, and in the house of his or their habitation or dwelling, or where he or she hath been resident for the space of ten days, or more, next before the making of such will, except where such person was surprised or taken sick, being from his own home, and died before he returned to the place of his or her dwelling. 15. Sec. XX. After six months passed after the speaking of the pretended testamen- Nuncupa- tary words, no testimony shall be received to prove any will nuncupative, except the tiv? wi,'s to said testimony, or the substance thereof, were committed to writing within six days be in wnt'§- after the making of the said will. 16. Sec. XXI. No letters testamentary, or probate of any nuncupative will, shall pass Probate of the seal of any Court, till fourteen days at least after the decease of the testator be fully nuncupative expired; nor shall any nuncupative will be at any time received to be proved, unless Wl s' process have first issued to call in the widow, or next of kindred to the deceased, to the end they may contest the same, if they please. 11. Sec. XXII. No will in writing concerning any goods or chattels, or personal es- How written tate, shall be repealed, nor shall any clause, devise, or bequest therein, be altered or sorlluty may" changed by any words, or will by word of mouth only, except the same be in the life- be revoked, time of the testator committed to writing, and after the writing thereof, read unto the testator, and allowed by him, and proved to be so done by three witnesses at the least. 18. Sec. XXIII. Provided always, that notwithstanding this Act, any soldier being in Soldiers and actual military service, or any mariner or seaman being at sea, may dispose of his move- mariners' ables, wages, and personal estate, as he or they might have done before the making of willsexcep'd this Act.f Sec. XXIV. [Saves the jurisdiction of the Archbishops' and other Ecclesiastical CourtsJ 19. Sec. XXV. And for the explaining one Act of this present Parliament, entitled 22d and 23d " An Act for the better settling of Intestates' Estates," Be it declared, That neither the ^ 10- said Act, nor any thing therein contained, shall be construed to extend to the estates °f compellable feme coverts that shall die intestate, but that their husbands may demand and have to distribute administration of their rights, credits, and other personal estates, and recover and enjoy personal Ba¬ the same as they might have done before the making of the said Act.']: wives°f thei* * Which must be such as are admissible in trials at Common Law. 4 and 5 Ann, c. 16 •[The effects of officers or soldiers dying in the service of the United States are to be inventoried and sent to the War Department, for the use of their legal representatives. [See 1 Grayd. Appendix 155. 2 Grayd. 18.] jlAnd see Executors, Administrators, 01" they owe nothing, and to give such special matter iu evidence to the Jury may plead that shall try the same, which matter being pleaded had been good and sufficient matter tho general iu law to have discharged the said defendant or defendants against the said information, issue, &c gu-^ or action, and the said matter shall be then as available to him or them, to all in¬ tents and purposes, as if he or they had sufficiently pleaded, set forth, or alleged the same matter in bar or discharge of such information, suit, or action. 20. XXI. And because many times persons charged with petty treason or felony, or as accessaries thereunto, are committed upon suspicion only, whereupon they are baila- Personscom- ^e' 01 no^'? according as tlie circumstanbea making out that suspicion are more or less mitted a- ac- weighty, which are best known to the Justices of the Peace that committed the persons, cessaries be- and have the examinations before them, or to other Justices of the Peace iu the County: to^ett area' ^ therefore enacted, That where any person shall appear to be committed by any Judge son or felony or Justice of the Peace, and charged as accessary before the fact, to any petty treason shall not be or felony; or upon suspicion thereof, or with suspicion of petty treason or felony, which removed or petty treason or felony shall be plainly and specially expressed in the warrant of com- virtue o/this Initment, that such person shall not be removed or bailed by virtue of this Act, or in any Act. other manner than they might have been before the making of this Act. APPENDIX.—Judiciary Act of 1799. 1135. Superior and Inferior Courts. Y. JUDICIARY ACT OF 1799* An Act to amend an Act entitled " An Act to revise and amend the Judiciary system nf this State."—Approved Feb. 16, 1799. Vol.1. 292. Sec. 1. The Superior Courts shall be held in each County in the respective districts gup. Court3 twice in every year, by one or more of the Judges of the Superior Courts. [The rest of to be held this section superseded.,] twice a year. Sec. II. The Inferior Courts shall be held twice in every year in each County, by jnt_ courtg quashed or reversed, for any defect in matter of form, or for any clerical mis- amendable take or omission, not affecting the real merits of the cause; but the Court, on motion, at 1st term, shall cause the same to be amended without any additional cost at the first term, and shall proceed to give judgment according to the right of the cause and matter of law, Dilatory an- as ^ shall appear to the said Court, without regard to such imperfections, in matter of swers to be form, clerical, mistake or omission; aud no dilatory answer shall be received or admitted, on oath. unless affidavit be made of the truth thereof. Judgment by Sec. X. Where any defendant shall fail to appear and answer in manner aforesaid, default. c0U1q; on motion of the plaintiff or his counsel, shall enter a judgment by default, and the plaintiff's claim, allegation or demand, shall be tried in all cases of judgment by default, by a Jury; but no such trial shall in any case be had at the first term; and Continuance no cause whatsoever depending iu the said Courts shall be continued more Jhan one term, at the instance of the same party. Actions Sec. XI. In al! cases where a suit shall he instituted in any of the said Courts on any against joint bond, note, or other written obligation subscribed by several persons, who reside in dif- obligors or fereQt Counties, the plaintiff shall have his option to institute his suit in either of the resid'ingTn sa^ Counties, and the Clerk shall issue the original petition and process, and a copy or different copies in such County, against the defendant or defendants who may reside therein, in Counties. manner directed by this Act; and shall also issue another original, and copy or copies thereof for the defendant or defendants, resident in other County or Counties; and it shall he the duty of the plaintiff, his agent, or attorney, to cause such original and copies to be delivered to me Sheriff or other officer in such other County or Counties, who shall execute and return the same to the Court from whence they issued, in such manner as is hereinbefore directed, and on such return the plaintiff may proceed as in other cases. executors and administrators.1 Ex. and Ad. Sec. XII. Xo suit or action shall be issued against any executor or administrator exempt from for any matter or cause against the testator or intestate of such executor or administra- suit 12 mo=. £0r jn a[1y 0f saiq Courts, until the expiration of twelve months after probate of the will of such testator, or letters of administration, granted on the estate of such in¬ testate. Suits shall And no suit in any of the said Courts shall abate by the death of either party, where death'of6 an suc^ cause action would in any case survive to the executor or administrator, whether ties if the such cause of action would survive in the same, or any other form, but the same shall cause of ac- proceed as if such testator or intestate had not died, under the restrictions and regula¬ tion survives ffons following: When a plaintiff shall die, in any case aforesaid, the executor or ad¬ ministrator of such plaintiff shall, within three months after taking out probate of the Scire facias, will, or letters of administration, give notice to the defendant or defendants by scire facias, to issue out of the Clerk's office, returnable in the manner hereinbefore prescrib¬ ed for the issuing and return of process; and in cases where the defendant shall die, it shall and may be lawful for the plaintiff to issue a scire facias in manner aforesaid, im-> APPENDIX.—Judiciary Act of 1799. 1137 Bail—Mortgage on real estate. mediately after the expiration of twelve months, requiring such executor or administra¬ tor to appear and answer to the said cause. And where a feme sole, being plaintiff, shall marry pending any suit, the same shall Feme sole, not abate by reason of such intermarriage, but the same being suggested on the record, such cause shall proceed in the name of the husband and wife. bail. Sec. XIII. In all cases where bail is requirable, and the plaintiff in any action shall Plaintiff require bail, such plaintiff shall make affidavit before any Judge, Justice of the Inferior Court, or Justice of the Peace within this State, or any Judge or Justice of a Superior amjt nue Court of any one of the United States, shall have annexed thereto the seal of the State and that he from whence it shall come, and a certificate of the Governor certifying that the person expects to taking such affidavit is one of the Judges or Justices of a Superior Court of that State, ^fess^!™9 of the amount claimed by him, and that he has reason to apprehend the loss of the said is taken, sum, or some part thereof, if the defendant or defendants is or are not held to bail, which affidavit shall be filed in the Clerk's office, and copies thereof affixed to the original pe¬ tition and process, and to the copy or copies thereof, aud the amount sworn to shall be T° be endor" endorsed on the petition and process. se Sec. XIV. When any civil process shall issue out of any of the said Courts, where- regard by bail shall be required to be taken in manner aforesaid of any person or persons to t0 bail. D answer any action in any of the said Courts, the Sheriff or other officer shall take a bond, with one or more sufficient security or securities, for double the sum sworn to, and shall return such bond, with the petition and process: And iu case the Sheriff or other bimsel/ifhe officer shall fail or neglect to take such bail, or the bail taken shall be deemed insuffi- neglects to cient by the Court, on exceptions taken thereto, and entry thereof made at the first take bail, or term to which thre£jj®"re be as follows: Any person applying, and entitled to foreclose such mortgage, or his, on'real^s-69 her, or their attorney, shall petition the Superior Court of the County wherein such tates. mortgaged property may be, stating the case, and the amount of his, her, or then* de¬ mand, aud describing such mortgaged property ; aud the Court shall grant a rule, that the principal, interest and cost shall be paid into Court, within twelvemonths thereaf¬ ter, which rule shall be published in one of the public gazettes of this State at least once in every month, until the time appointed for payment, or served on the mortgager, or his special agent, at least six months previous to the time the money is directed to be paid; and unless the principal, interest, and costs be so paid, the Court shall give judgment for the amount which may be due on such mortgage, and order the property mortgaged to be sold in such manner as is prescribed in cases of execution, and the money shall be paid to the mortgagee or his attorney; but where there shall be any 143 1138 APPENDIX.—Judici uiy Act or 1790. Mortgages of personal property—"Witnesses. surplus, the same sliall be paid over to the mortgagor or his agent. And in case of any dispute as to the amount due 011 any mortgage, if the mortgagor shall appear within the time prescribed by this Act, and make affidavit that he hath made payments which have not been credited on the said mortgage, or that he is entitled to sets-olf which iu equity ought to be allowed, the Court shall appoint one or more tit person or persons to audit and liquidate the same; but either party shall be entitled to anew trial there¬ from, which shall be tried in like manner as shall be prescribed for the trial ol' appeals in other cases. mortgages of personal property. property°nal ®EC- Mortgages of personal property shall be foreclosed in the follow¬ ing manner: Any person or persons holding a mortgage on personal property, ami wishing to foreclose the same, shall make application to one of the Judges of the Su¬ perior or Justices of the Inferior Courts, and make affidavit before him of the amount of principal and interest due on such mortgage, which affidavit shall he annexed to such mortgage, and thereupon the Clerk of the Superior or Inferior Courts shall issue execution as on a judgment, which execution being delivered to the Sheriff) it shall be his duty to levy en the property wheresoever the same may he found, and after advertising the same in one or more of the public gazettes of this Stale at least sixty days, the Sheriff shall set up and expose the same to sale, and the money arising from such sale shall he first applied to discharge the amount due ou such mortgage, and all legal costs, and the overplus, if any, to be paid to the mort¬ gager: Provided, always, that if any dispute shall happen as to the sum due ou any mortgage, that it shall and may be lawful for the said Judge or Justices of the Inferior Courts, on affidavit, to order such sale to he postponed, the mortgager giving bond, with good and sufficient security, in double the sum sworn to*be due, for return¬ ing such property when called for by the Sheriff, which bond shall be assignable by the Sheriff to the mortgagee, who may sue and recover thereon; hut the Jury shall be sworn to give at least twenty-five per cent, damages, in case it shall appear that such application was intended for delay only. witnesses. Witnesses. Sec. XIX. Where the attendance of any person shall be required as a witness in any of the Courts aforesaid, in any cause depending therein, it shall be the duty of the Clerks of the said Courts respectively, on application, to issue writs of subpu-ua direct¬ ed to the persons whose attendance shall be required, where such persons reside within the County, in which such cause may be depending, which writ of subpoena shall ex- Subprona 5 press the cause, and the party at whose suit it shall be issued, and shall be served en days before such witnesses at least five days before the Court to which it shall be returnable; and which writ shall be served by a Sheriff, Constable, or some private person, and the return of a Sheriff or Constable of such service, or the affidavit of any private per¬ son, shall be sufficient evidence that such subpoena was duly executed. Attachment sec. XX. Where it shall appear in manner aforesaid, that a witness in any cause for non at- shall have been duly summoned, and such witness shall fail to appear, it shall be the tendance, duty of the Court, 011 motion, to issue an attachment against such defaulting witness, returnable to -the next Court, and shall fine such witness in a sum not exceeding three hundred dollars, unless be or she shall make a sufficient excuse for such non-attendance, which shall be judged of by the Court; but shall nevertheless be subject to tire action and liable of the person at whose suit such witness shall have been summoned, for any damage to damages, which he. she or they may have sustained, by reason of such non-attendance. Must attend Sec. XXI. When a subpoena shall be served 011 any witness, in conformity to this till disch'g'd Act, it shall be the duty of such person so summoned to attend, from time to time, un¬ til the cause in which such witness shall have been summoned is tried, or be otherwise discharged by the C ourt. Their fees ^ec. N.XII. Oil the last day of the attendance of any witness in each term, it shall and mode'of and may be lawful, on application of such witness, to exhibit his account for attendance, payment. against the person or persons at whose suit he or they may have been summoned, and the Judge or presiding Justice shall examine and certify the same under his hand, which shall be countersigned by the Clerk, whereupon such account so certified, shall have the force and effect of an execution, and may be levied by the Sheriff'or Constable, according to the amount thereof, off the goods and chattels of such party, in like manner as in eases of other executions. Provided nevertheless, that where any witness shall claim, and levy for more than is really due, such witness shall forfeit and pay to the party injured four tunes the amount of the sum so unjustly claimed. And 110 party cast Twowitnes in any suit shall be taxed for more than the cost of two witnesses to any material point ses to every £ 1 any cause, which, shall be specially certified by the Court trying the same ; nor shall puuu.na' a iY party he allowed to tax costs for different witnesses to different material points, where the same witnesses shall be sufficient, in the opinion of the Court, to prove such material points. APPENDIX.—Judiciary Act of 1799. 113 Sets-off and specialties—Verdicts and judgments. Sec. XXIII. Where any witness resides out of the State, or out of any County in interrogate which his testimony may be required in any cause, it shall be lawful for either party, on ries may is giving at least ten days' notice to the adverse party, or his, her, or their attorney, ac- su.® w,lere cornpanied with a copy of the interrogatories intended to be exhibited, to obtain a com- HdeTout'o mission from the Clerk of the Court in which the same may be required, directed to cer- the County tain commissioners, to examine all and every such witness or witnesses, on such inter¬ rogatories as the parties may exhibit; and such examination shall be read at the trial on motion of either party. sets-off and specialties. Sec. XXIV. In all cases of mutual debts and sets-off, where the Jury shall find a Sets-off. balance for the defendant, such defendant may and.shall enter up judgment for the amount, and take out execution in such manner as plaintiffs may do by this Act; Pro¬ vided, such defendant shall at the time of filing his answer, also file therewith a true copy or copies of the subject matter of such sets-off; and where the plaintiff shall be indebted to the defendant on open account for dealings between themselves, and where the defendant shall held and possess in his own right, by assignment, endorsement, or otherwise according to law, any bond, note, bill, or other ivriting, for money, or other thing of the said plaintiff's, such defendant shall and may offer the same as sets-off, and on due proofs shall be allowed the same. Sec. XXV. All bonds and other specialties, and promissory notes, and other liqui- Bonds notes dated demands, hearing date since the 9th day of June, 1791, whether for money, or&c. ofeqna other thing, shall be of equal dignity, and be negotiable by endorsement, in such man- ai®nitJ:,an( ner and under such restrictions as are prescribed in the case of promissory notes. Pro- negoUa e- vided, that nothing herein contained shall prevent the party giving any bond, note, or other writing, from restraining the negotiability thereof, by expressing in the body thereof such intention. verdicts and judgments. Sec. XXVI. In all cases where a verdict shall be rendered, the party in whose fa-Verdicts and vor it may be, shall be allowed to enter and sign judgment thereon at anytime within judgments, four days after the adjournment of the Court, at the Clerk's office, for the amount of such verdict and all legal costs recoverable thereon, and no execution shall issue on any verdict until such judgment shall be entered, signed by the party or his attorney ; and all the property of the party against whom such verdict shall be entered, shall be bound from the signing of the first judgment; but where several judgments shall be of equal date, the first execution delivered to the Sheriff shall be the first satisfied: Poovided always, that any party against whqni such judgment shall be entered, may enter good stay of ex- and sufficient security, either in open Court or in the Clerk's office, within the time ecution. aforesaid, for the payment of the judgment and costs within sixty days ; and if such party shall not pay the same agreeably thereto, execution may issue against such party, and the security, without any other proceeding thereon : And provided also, that in case either party shall be dissatisfied with the verdict of the Jury, then, and in all such eases, either party may, within four days after the adjournment of the Court in which such verdict was obtained, enter an appeal in the Clerk's office of such Court (as matter Appeal, of right;) and if such verdict shall be obtained in the Inferior Court, it shall be the du¬ ty of the Clerk thereof to transmit such appeal to the Clerk of the Superior Court of the County in which such verdict shall be obtained, who shall enter the same on the appeal docket, which appeal shall be admitted and tried by a special Jury. Provided, the person or persons so appealing shall, previous to obtaining such appeal, pay all costs Upon pay- whioh may have arisen on the former trial, and give security for the eventual condem- inentofcost3 nation money, except executors and adminstrators, who shali not be liable to give such seC,l^Jerins security; hut if, on hearing such appeal, it shall appear to the Jury that the appeal was frivolous, and intended for delay only, they shall assess damage to the party aggrieved by such delay, not exceeding twenty-five per centum on the principal sum which they 25 pei. cent_ shall-find due ; and such damages as shall be so assessed, shall be specially noted in the d'm'ges may verdicts of such Jurors, and no person shall be allowed to withdraw an appeal after it be given for shall be entered but by the consent of the parties. And. in case of a Jury committing a ^1°.. ap~ contempt, or breaking up before giving in their verdict in any civil case, the Court may declare the same a mis-trial, and shall fine each of the offending^ Juror or Jurors in a Mis-trial sum not exceeding one hundred dollars. And if any party, plaintiff or defendant, be hereafter non-suited or cast, by reason of the neglect or misconduct of the attorney who shall hereafter bring or be employed in such suit, in all cases the said attorney shall bie°or costs" pay all costs that may accrue thereby, and the Court shall immediately enter up judg- in certain mcnt accordingly for the same. cases. Sec. XX VII. No confession of judgment shall hereafter be entered up, but in the Confession County where the defendant or defendants may reside, or-unless the cause hath been of judgment. 1140 APPENDIX.—Judiciary Act op 1799. Arbitration—Executions—Clerks. regularly sued out and docketed in the usual way as in other eases, nor until sueh cause be called in order by the Court for trial. No interest Sec. XXVIII. No verdict shall be received on any unliquidated demand where the dated'de^" Jury have increased their verdict on account of interest, nor shall interest be given on mands. any open account, in the nature of damages. Sec. XXIX. [Superseded by Act of 1812.] arbitration. Arbitration. Sec. XXX. In all matters submitted to reference by parties, in a suit under a rule of Court or other agreement in writing signed by the parries, judgment shall be entered up by the party in whose favor the award is given, and execution shall issue for the sums awarded, to be paid as they respectively become duo, and to be levied on the property of the party against whom the judgment shall have been entered up, and such other proceedings shall be had thereon by the Court, as in cases of judgments entered up on verdicts of Juries : Provided, that no judgment shall be entered upon an award, where it shall appear any other cause or causes stand on the docket of the Court against tiro defendant or defendants, undetermined, before the cause in which a rule or other agree¬ ment in writing for arbitration is entered. Illegality in executions. Sales by ex¬ ecution. Hours of sale. Sale of live slock. executions. Sec. XXXI. [Respecting executions—superseded.] Sec. XXXII. In all oases where execution shall issue illegally, and the person against whom such execution may be shall make oath thereof and shall state the causes <>t sm li illegality, such Sheriff shall return the same to the next term of the Court out of which llm same issued, which Court shall determine thereon, at such term. [ The residue of this section relates to claims, and is superseded by the Act of 1821.] Sec. XXXIII. No sales in future shall be made by Sheriffs of property taken un¬ der execution, but on the first Tuesday in each month, and between the hours of ten and three in the day; and it shall be the duty of the Sheriffs to give thirty days' no¬ tice in one of the public gazettes of the State, of all sales of lands and other property executed by him, and also advertise the same in three of the most public places in tho County where such sales are to be made, and shall give a full and complelo description of the property to be sohl, making known ihe name of the defendant, and iheperton who maybe in possession of the property, except horses, hogs and cattle, winch may be sold at any lime by the consent of the defendant; and in which case it shall be his duty to give the plaintiff ten days' notice thereof, and also to advertise the same in threw or more of the most public places in the County where such property may be, at least ten days before the sale. Clerks'duty Sec. XXXIV. The Clerks of the several Courts in this State shall copy into a h ink of record, all the proceedings in all civil cases in the said Courts, respectively, which entry of record shall be made within forty days after the determination of any cause; and the said Clerks shall be allowed the sum of ten cents for every hundred words ok recording such proceeding, to] be taxed in the bill of cost. And the said Clerks shall also keep regular and fair minutes of all the proceedings in any of the said Couits, which shall be signed by the Judge of the Superior, or presiding Justices of the lull ri- or Courts, (as the case may be) prior to the adjournment from day to day. Must be XXXV. The Clerks of the said Superior and Inferior Courts, hereafter to be sworn, and appointed, shall, before they enter upon the duties of their appointments, and after be- give bond jng commissioned by the Governor, take the following oath before one of the Judges of Th/oath! y" th® Superior Courts, or a Justice of the Inferior Court of the County: " I do solemnly swear (or affirm) that I will truly and faithfully enter and record all the orders, di em s, judgments, and other proceeding of the Superior (or Inferior) Court of the County of , and all other matters and things which by law ought by me to be record*d, and that I will faithfully and impartially discharge and perform all the duties required til me, to the best of my understanding." And shall also enter into bond with onc-or more gi * il May admin- and sufficient security or securities, to the Governor for the lime being, in the sumot isteroaths $3,000, conditioned for the faithful discharge of the duties required of them: And the totheir'offi-8 sa^ Klerks shall in virtue of their offices be Justices of the Peace, so far as to adnuiui br cial business oaths appertaining to the business of their office. Not to act as Sec. XXXVI. No Clerk of a Court or other person employed in his office, shall tut attorney. as attorney in his own name, or the name of any other person, or be allowed to pit sal or practice in such Courts, during the time he shall be employed in such office: And Maybe Cl'k the same person may be Clerk of the Superior and Inferior Court of the saute Ct tin ;: oi both C'ts. pr( aided, that nothing herein contained shall extend to prevent any officer of the C ut frtm prosecuting or defending any suit to which he is a party. APPENDIX.—Judiciary Act of 1799. 1141 Law department—Juries. law department. Sec. XXXVII. It shall be the duty of the States'Attorney and Solicitors, or one of Duty of so- them, to prosecute all delinquents for crimes aud other offences, cognizable by the said Hc-itoi-and at- Oourts, and all civil actions in which this State shall be concerned, and to give arlvice toruey gen' or opinion in writing, to his Excellency the Governor, in questions of law in which the State may be interested. And in case it should so happen, that neither the State's jn case of Attorney or Solicitors, or either of them, can attend the said Courts, then the Judge their abs'nce presiding may, and he is hereby authorized and required, to appoint some attorney at law the Court to prepare and prosecut e the indictments and other business of the State ; and such per- niay aPPoint' son go appointed shall be entitled to the same fees and emoluments therein, as the State's Attorney or Solicitors would have been entitled to. juries. Sec. XXXVIII. All free male white citizens above the age of of twenty-one years, Their quali- and under sixty years, are declared to be qualified and liable to serve as Petit Jurors fications. for the trial of all civil causes for recovery of debts or damages, to any amount what¬ soever; but no person shall be capable to be of a Jury for the trial of treason, felony, breach of the peace, or any other cause of a criminal nature, or of any estate of freehold, or of the right or title to any lands or tenements, in any Court of Record within this State, who shall not be qualified to vote at elections for members of the Legislature; and if any person not qualified as aforesaid, shall be returned on any Jury, he shall be discharged on the challenge and proof thereof, of either of the parties to such suit, or on his own oath, of the truth thereof: Provided, that no exception against any Juror, on account of his qualification, shall he allowed after he is sworn. Secs. XXXIX. and XL. [Directing the mode of selecting and drawing Juries, super¬ seded by Act of 1805.] Sec. XLL No Grand Jury shall consist of less than eighteen or more than twenty-Grand Jury- three, but twelve may find a bill or make a presentment. [The rest of this section su- not less tl,aH perseded.J . ^ „n™e Sec. XLII. The Clerk of the Court shall annex a pannel of the Jury, containing the Precept to names of the persons drawn to serve 011 the Grand Inquest, exactly transcribed from the issue, minute-book to the precept for summoning such Grand Jury ; and shall also annex anoth¬ er pannel containing the names of the persons drawn as Pettit Jurors for the trial of civ¬ il anil criminal cases, exactly transcribed as aforesaid, to the precept for summoning the Petit Jurors, in the mandatory part of which precept shall he written the words fol¬ lowing, viz: " The several persons named in the pannel hereunto annexed," which pre¬ cept, with tlie severarpaunels annexed as aforesaid, shall be delivered by the Clerk of the Court within three days after the drawing of such Juries as aforesaid, to the Sheriff of the County or his deputy. Sec. XLIII. The Sheriff or his lawful deputy, for the time being, upon the receipt Juries to be of any precept for summoning Grand or Petit Jurors, shall cause the several persons summoned whose names are written in the pannel thereunto annexed, to be served with a summons, fo^e^ourt" at least, ten days before the sitting of the Court for which they are drawn and impannel- led ; which summons shall be in the following words, or words to that effect: " By Form of the virtue of the precept to me directed, you are hereby commanded to appear before the summons. Judge of the Superior Court, at the next Superior Court, to be held at the Court-house in and for the Count)- of , on the day of , at ten o'clock in the fore¬ noon of that day, to be sworn ou the Grand Jury (or as a Juror fur the trial of civil and criminal causes then and there depending, as the case may be:") which shall he signed by the Shi-riff or his lawful Deputy for the time being; which Sheriff or lawful Deputy aforesaid, shall make return of all such precepts, in each of which he shall set forth the names of all such persons as shall have been summoned by virtue of such writs 01* precepts, and the time when they were summoned, and also the names of the persons whom he may not have summoned, together with the reasons why they were Dot summoned, 011 pain of being fined by the Court. Sec. XLLV. The Clerk of the Court shall make due entry in the minute book of such Defaulting Court of tin- appearance of all Jurors, and shall likewise enter and make report of the Jurors may names of all such as shall make default in appearing ; that if any person who shall be be fined, drawn, inipauiielled, summoned and returned to serve as Jurors at any Court as afore¬ said, shall lmglect or refuse to appear, or after appearance shall refuse to serve, or shall absent himself without leave of the Court, then and in that case, it shall be lawful for the Court to fine such person, if a Petit Juror, in a sum not exceeding twenty dollars, If* petit Ju- nnd if a Grand Juror, in a sum not exceeding forty dollars, unless such Juror shall show roP $20; ifa good and .sufficient cause of excuse, to be made 011 oath before auy Justice of the Peace, 'urolfj and filed iu the Clerk's office of such Court, within thirty days after opening the said Court; the merits of which excuse shall be determined by the next succeeding Court; and when from challenge or otherwise there shall not be sufficient number of Jurors to determine any civil or criminal cause, the Court may order the Sheriff or his Deputy, Talesmen, to summon by-standers or others, qualified as hereinbefore required, for the trial of such cause or causes, sufficient to complete the pannel; and when the Sheriff or bis Deputy 1142 APPENDIX.—Judiciary Act op 1799. Sheriffs. are disqualified from acting in the manner herein expressed, Jurors shall he summoned by the Coroner, or such other disinterested person as the Court may appoint. Oath of petit Sec. XLV. The oath to be administered to Petit Jurors in civil cases shall be in the Jurors. form following: " You, (A B,) shall well and truly try the cause depending between the parties at variance, and a true verdict give according to evidence: so help you God." sheriffs. Sheriffs, Sec. XLVI. The Sheriffs of the several Counties shall attend the Superior and In- ttoeirduty. ferior Courts in the respective Counties when sitting, and by themselves or Deputies, execute throughout the Counties all writs, warrants, precepts and processes directed to them, issued under the authority of any Judge or Justice of the said Superior or Inferi¬ or Courts, or the Clerk of either of the Courts; and the said Sheriffs or their Deputies shall have power to command all necessary assistance in the execution of their duly, and to rfppoint, as there shall be occasion, one or more Deputies ; and before any Sher¬ iff shall enter upon the duty of his appointment, and being commissioned by die Gover- Must give nor, he shall be bound for the faithful performance of his duty, by himself and his Dep- security. uties, before any one of the said Judges, to the Governor of the State for the time being, and to his successors in office, jointly and severally, with two good and sufficient securi¬ ties, inhabitants and freeholders of the County, to be approved of by the Justices of the Inferior Court, or any three of them, in the sum of $20,000, and the said bond shall re¬ main in the office of the Clerk of the Superior Court of such County, and may be sued for by order of the said Court, for the satisfaction of the public or persons aggrieved by the misconduct of the Sheriff or his Deputy; and the said Sheriff shall take and sub¬ scribe the following oath, before one! of the Judges of the Superior or Justices of the Info- ior Courts, and the same shall be entered on the minutes of the said Court, before such Their oath. Sheriff shall enter on the duties of his office, to-wit: "I do solemly swear (or affirm as the case may be) that I will faithfully execute all writs, warrants, precepts and process¬ es, directed to me as Sheriff of the County of , and true returns make, and in all things wellaud truly, and without malice or partiality, perform the duties of the office of Sheriff of , during my continuance in office, and take only my lawful fees; so help me God." And an oath to the same purport shall be taken by each of the Deputies of the said Sheriff' in like manner. Liable for Sec. XLVII. In case of the death of either of the'said Sheriffs, the Deputy or Deputies the conduct shall continue in office, unless otherwise specially removed, and execute the same 111 the ot their dep-. name of the deceased, until another Sheriff be appointed and qualified; and the defaults uties. and misfeasance in office of such Deputy or Deputies in the mean time, as well before as after the death of such Sheriff', shall be adjudged a breach of thefoudition of the bond given as before directed, by the Sheriff' who appointed such Deputy or Deputies; and the executor or administrator of the deceased Sheriff", shall have the like remedy for the mis¬ conduct, or misfeasance, or default in office of such Deputy or Deputies, during such in¬ tervals, as he would be entitled to if the Sheriff had continued in life, and in the execu¬ tion of his office, until his successor was appointed and sworn. Shall turn Sec. XLVIII. The Sheriff of each County shall, at the expiration of his appointment, over to their turn over to the succeeding Sheriffs, by indenture and schedule, all such writs and pro- aUC\d Free Schools. Poor school fund regulated, 1827, vol. iv. 44—Academic and poor school dividends to be paid, 1832, pam. 225—Pleasant Grove Academy incorporated, 1833,,pam. 24—Bark-camp Academy incorporated and allowed a portion of the academy funds, 1834, pam, 5—Treasurer of Jackson Academy to make annual reports, 1836, pam. 3. Election Districts and Elections. Elections to be held at Waynesborough, and at each of the bat¬ talion muster grounds, 1821, vol. iv. 155 ; 1825, vol. iv. 166 ; 1827, vol. iv. 174—At Waynesbor¬ ough, and at the place of justices' courts in each district, 1828, vol. iv. 179—Elections at the jus¬ tices' court groundsin captains' districts repealed as to districts No. 60, 63, 73, 74, and 75, and all elections in the 17th battalion to be at the muster ground of that battalion, 1829, vol. iv. 183— Consolidating the returns from the precincts, 1834, pam, 114. Sheriff's to be paid for summoning juries, 1836, pam. 252. Churches. Glebe land, 1800, vol. i. 161 ; 1814, vol. iii. 3—Methodist Episcopal Society incorpo¬ rated, 1830, pam. 64—Brushy Creek Baptist Church incorporated, 1830, pam. 66—Buck-head Baptist Church incorporated, 1830, pam. 70—Baptist Church at Hale's Well incorporated, 1832, pam. 32. Poor. Lottery for their benefit, 1826, vol. iv. 277—Taxfar their benefit, 1826, vol. iv. 294—In¬ ferior court allowed to establish an asylum, 1828, vol. iv. 139. Petit jurors compensated, 1836, pam. 159. Act for the encouragement of volunteer cavalry companies in the 1st division, 1822, vol. iv. 280. Burke County Social Library Company incorporated, 1832, pam. 95. Extra taxes, 1818, vol. iii. 916 ; 1825, vol. iv. 294 ; 1832, pam. 181; 1836, pam. 265, r LOCAL ACTS. 1149 Inferior court authorized to loan out county funds, 1831, pam. 81. Transcript of public records, 1816, vol. iii. 295. Clerk of land court may be appointed by thejustices of the inferior court, 1827, vol. iv. 219. Slaves, Patrols, §c. 1827, vol. iv. 412—Act to regulate slaves in Burke, 1831, pam. 226—Act prohibiting the sale of spirituous liquors by persons of color, 1834, pam. 114. Waynesborough. Commissioners appointed to lay it out, 1783, vol. i. 134—Act for its better regulation, 1803, vol. ii. 127—Incorporated 1812, vol. iii. 951—To quiet the title of lot purchasers, 1813, vol. iii. 954—Act explained, 1814, vol. iii. 956—Commissioners of the town, their number, andhow elected, 1816, vol. iii. 957—Certain deeds for lots in Waynesborough. made valid, vol. iii. 954, 956. LOCAL ACTS SINCE 1836. Academies, "Waynesborough academy, power over town common conferred, 1838, pam. 10, Sale of lots for benefit of, authorized 1845, pam. 59—Alexander village and academy incorporated, 1842, pam. 105. Churches. Botsford Baptist Church incorporated, 1838, pam. 57. Tax. Act authorizing inferior court to levy an extra tax for repairing the roads repealed, 1838, pam. 238. Elections, Precint changed from court ground to Cowart's Store, 1850, pam. 167. Line, J. T. Rowland added to Richmond, 1841, pam. 69. Officers. Treasurer abolished, 1843, pam. 34—Clerks of superior and inferior court eligible to Clerk of ordinary, 1847, pam. 58. Tax. Extra authorized, 1841, pam. 195—Defaulters to be published, &c. &c. 1847, pam. 78. Poor School Fund. Regulated, 1850, pam. 159. Volunteers. Privileges to Burke Guards, 1850, pam. 319. BUTTS COUNTY. Laid out from Henry and Monroe, 1825, vol. iv. 130. Census taken, 1826, vol. iv. 40. . Public buildings located permanently at Jackson, 1826, vol. iv. 470. Academies and Free Schools. County Academy incorporated, and the inferior court authorized to convey a lot for the institution—Trustees to make annual returns to the grand jury, 1826, vol. iv, 34—Trustees appointed for the Cool Spring Academy, 1832, pam. 4—Teachers of poor schools to be examined by the inferior court, 1832, pam. 54. Treasurer of Jackson Academy to make annual report, 1836, pam 3. Disposal of the public lands in Butts county, 1827,* vol. iv. 253 266, 267, 337; 1823, vol. iv. 271, 272. Jurisdiction extended over the adjoining Ocmulgee river and islands, 1829, vol. iv. 140. Rates of toll across the bridges and ferries on the Towalega, 1827, vol. iv. 897. Lots allowed in Jackson for the several religious societies, and for a burying ground, 1826, vol. iv. 470. Inferior co^t authorized to procure and improve a place for a muster ground, 1832, pam. 133. Inferior court authorized to loan out the county funds, 1831, pam. 81. Extra tax, 1827, vol. iv. 424. Obstructions to be removed from the streets of the Indian Spring reserve, 1832, pam. 207. Commissioners appointed to improve the Ocmulgee, 1827, iv. 359. Jackson incorporated and made the county site, 1826, iv. 470. LOCAL ACTS SINCE 1836. Lines. Part of Henry added, 1850, pam. 137. Academics. South River Academy incorporated, 1840, pam. 12; Payment for certain teachers pro¬ vided,1841, pam. 87—Trustees appointed for Jackson Female and Iron Spring Male and Female Academies, 1842, pam. 3. Elections. Precinct established at R. W. Smiths', 1839, pam. 178 ; at John Lofton's Store, 1840, pam. 65; at the Justice Court, 610th district, 1841, pam. 88. Changed from R. Smith's to Dublin, 1841, pam. 89. Indian Springs. Incorporated 1837, pam. 133. Poor Schools-. Payment of teachers, 1841, pam. 87. Jurors. Grand and Petit compensated, 1837, pam. 162 Repealed, 1839, pam. 76. Tax. Inferior court to levy an extra lor 1839, 1838, pam. 23o. Militia. Muster ground i32 bat. removed to Jackson, 1842, pam. 124. CAMDEN COUNTY. The parishes of St. Thomas and St. Mary's laid out, 1765, vol. i. 152- These two parishes form¬ ed into^he county of Camden, 1777, vol. i. 6—Line between Camden and Glynn, 1801, vol. ii. 673; 1803 vol ii. 175—Part taken from Wayne, 1805, vol. ii. 282—Part added to Wayne, 1808, vol. ii. 474 •' 1812 vol iii 195—Line described between Camden and Wayne, 1820, vol. iv. 116. Public site and buildings, 1787, vol. i. 154; 1792, vol. i. 161; 1800, vol. i. 162; 1801, vol. ii. 11 ; 1802, vol. ii. 70. ♦Printed by mistake, 1829. 1150 LOCAL ACTS. Extra taxes, 1802, vol. ii. 70; 1811, vol. iii. 897. Ac.idemies, Free Schools, be. The manual incorporated 1832, pam. 10—$250 added to the poor school fund from the countv funds, 1834, pam. 170. Roads, 1802 vol. ii. 70; i803, vol. ii. 152; 1S04, vol. ii. 215 ; 1805, vol. ii. 206; 1806, vol. u. 350; 1803, vol. ii. 492 ; 1809, vol. ii. 579 ; 1811. vol. iii. 749; 1812, vol. iii. 760 ; 1816, vol. iii. 778—Respecting roads on Cumberland Island, 1821, vol. iv. 301, 367—Certain inhabitants exempt¬ ed for a year, and commissioners appointed, 1823, vol. iv 377—A new road, 1823, vol. iv. 382 New road from the post road to Camp Pinckney, 1824, vol. iv. 385—Iload laws amended as to Camden, 1825, iv. 388 ; 1S27, vol. iv. 395 ; 1828, vol. iv. 398 ; 1829, iv. 401 ; 1831, pam. 205; 1832, pam. 159. Militia musters at St. Mary's, 1813, vol. iii. 4-45—Repealed 1816, vol. iii. 458. Volunteers. Cavalry in the 1st division, 1822, vol. iv. 280—St. Mary's Guards incorporated, 1S22, vol. iv. 280—Volunteer companies in the 1st brigade and the 1st division, 1838, pam. 153— Horse Chasseurs of Camden organized, 1835, pam. '288—Centcrvillc Rifle Company incorporated, 1836, p>am. 230. Independent Presbyterian Church in St. Mary's incorporated, 1828, vol. iv. 109—Act of incorpo¬ ration amended, 1832, pam. 39. Patrol Lau-s, 1827, vol. iv. 412—General act of 1830 amended as to Camden, 1331, pam. 167— Where there is no justice of the peace, captains of patrol maybe commissioned by a justice of an adjoining district, 1831, pam. 169. Constables may be drafted, their fees raised 25 percent. 1831, pam. 91. Sheriff's bonds reduced to $10,000, 1832, pam. 169. Licenses to retail liquors may be granted or withheld at the discretion of the inferior court, 1833, pam. 125. Election Districts and Elections. Elections to be held at Jefferson and St. Mary's, 1821, vol. iv. 153—At the house of Scott & Bailey on Spanish Creek, and at the Horse Stamp in the Little St. Ilia Neck, 1822, vol iv. 156-7—Compensation for consolidating votes, 1823, vol. iv. 157—Compen¬ sation to the bearer of the votes, 1830. pam. 107—Elections at Loyd's cross roads, instead of Scott' & Bailey's, 1831, pam. 123. Juries to be drawn for the ensuing superior court, 1821, vol. iv. 204—Petit jurors to receive $1 per dav instead of other compensation, 1835, pam. 138—Juries, how to be drawn annually, 1810, vol. ii. 623. Sheriff's sales to be at the market-house in St. Mary's, 1812, vol. iii. 142. Library Society incorporated, 1829, vol. iv. 4S3. Saint Marys, 1792, vol. i. 161; 1794, vol. i. 570 ; 1797, vol. i. 126, 572 ; 1799, vol. i. 592 ; 1802, vol. ii. 71; 1804, vol. ii. 186, 214 ; 1803, vol. ii. 324 ; 1807, vol. ii. 403; 1808, vol, ii. 494; 1810, vol. ii. 600; 1811, vol. iii. 912; 1812, vol. iii. 142; 1S13, vol. iii. 445; 1814, vol. iii. 52, 319; 1816, vol. iii. 458—Three month's absence vacates a seat in council, 1820, vol. iv. 431—Amend¬ ments as to the intendant and council, 1823, vol. iv. 452—Amendment as to voters, and the trialof causes, 1824, vol. iv. 458—Judicial powers of intendant and council invested in the intendant, 1325, vol. iv. 461—Attachments, 1826, vol. iv. 469—Yendue masters, 1830, pam. 205—Intendant and members of the council may act as justices of the peace in certain cases, 1831, pam. 24S—The several acts incorporating St. Mary's amended, 1832, pam. 201—The 4th section of the act of 1325 repealed, 1334, pam. 258—Act to regulate vendue masters in the town of St. Mary's, 1336, pam 277. Jefferson. To be laid out, 1300, vol. i. 162—Act to regulate, 1803, vol. ii. 499—Authority to the inferior court to lay off more streets, 1818, vol. iii. 1043—That act repealed, commissioners to lay off streets, and former acts of commissioners legalized, 1819, vol. iii. 1049—Act to regulate the town, 1331, pam. 243. / LOCAL ACTS SINCE 1836. Academies and Camp Grounds. Centreville Academy—Trustees appointed for 1337, pam. 3— Jefferson do. Trustees appointed for 1837, pam. 4—Governor to pay over arrearages of poof school fund, 1333, pam. 19—St. Mary's Academy incorporated 1339, pam. 5 ; St. Mary's Academy in¬ corporated, 1340, pam. 9; 1850, pam. 29—Jefferson camp ground incorporated 1839, pam. 110— Centre "village academy incorporated 1849, pam. 23. Elections. Precinct established at Grandison Barber's, 1837, p. 104—at Isham Peoples, 1850, pam. 171. Changed, from G. Barber's to B. Brewer's, 1839, pam. 131; from B. Brewer's to Court Ground, 1847, pam. 100. Roads and Ferries. Part of the act of 1839, as to Great Satilla, repealed, 1841, pam. 185. Tax Collector. To collect his own executions, 1837, pam. 74—and Receiver consolidated 1837, pam. 73—Repealed 1842, pam. 169. Officers. J. AY. Bailey's acts legalized as deputy clerk, 1838, pam. 213—Sheriff compensated for summoning jurors, 1833, pam. 22 L—And for extra services, 1839, pam. 42. Road Laws. Altered and vested in inferior court, 1837, pam. 239—County funds appropriated to roads, 1837, pam. 243—Amended and acts revived previous to Dee. 1837, 1338, pam. 214—New road opened 1839, pam. 205—Amended 1341, pam. 185—lie-enacted, 1845, pam. 187—Amended 1850, pam. 332—Certain lands appropriated, 1850, pam. 363, 364. St. Mary's. Acts of council legalized, 1839, pam. 223. Courts. Proceedings of ordinary legalized, and session in June authorized, 1342, pam. 71—Ses¬ sions to be 1st Monday in January, 1345, piam. 87. Jurors. Impiannelling of Grand, regulated 1845, pam. 150. LOCAL ACTS. 1151 Taxes. Residents to pay in the county, 1845, pam. 194. Insolvent List. Inferior court to examine, 1845, pam. 195. CAMPBELL COUNTY. Laid out from Coweta, Carroll, DeKalb, and Fayette, 1828, vol. iv. 139—Part taken from Chero¬ kee, 1832, pam. 55—Organized, 1828, vol. iv. 241. Public buildings made permanent at Campbelton, 1829, vol. iv. 482. Election Districts and Elections. Elections to be held at Campbelton, at the house of Ingram Bass in the 4th, at the house of Tunison Carrel in the 1st, and at the house of William Morgan in the 8th, 1829, vol. iv. 182—The justices' court-house in the 5th substituted for the house of William Morgan, 1831, pam. 128—Removed from the house of Ingram Bass to the Justices'court-house of the district, and an additional district established at the house of Hugh W. Brewster, 1833, pam. 98. Campbelton Academy incorporated, 1829, vol. iv. 57. Sheriffs allowed to advertise in Macon, 1829, vol. iv. 408—Repealed, 1834, pam. 220—May pub¬ lish sales in any of the gazettes of Milledgeville, Macon or Columbus, 1834, pam. 220. Extra taxes, 1834, pam. 238 ; 1835, pam. 282. Sheriff's bonds reduced to $10,000, 1829, vol. iv. 408. Campbelton incorporated and made the county site, 1829, iv. 482. Church. Tj us tees of the Baptist Church in Campbelton incorporated, 1836, pam. 80. LOCAL ACTS SINCE 1836. Elections. Precinct changed from H. Brewster's to justices' court ground, 1337, pam. 106—from T. Correll's to J. Kizer's, 1841, pam. 88—Thence to II. Buffington's, 1343, pam. 50—Thence to J. R. Rosser's, 1847, pam. 97—From M. McElwreath's to law ground, 1850, pam. 165. Established at court ground, 784th dist. 1840, pam, 70 ; at John F. Yates', 1341, pam. 91 ; at court ground, 781st dist. 1842, pam. 78. Jurors. Grand and Petit compensated, 1837, pam. 162—Repealed, 1838, pam. 109; Revived 1847, pam. 210. Offiars. May advertise in any of the papers in Coweta circuit, 1840, pam. 40 ; 1841, pam. 76. County Lines. Levi Phillips added to Coweta, 1841, pam. 63 ; Repealed, 1843, pam. 27. CARROLLCOUNTY. Laid out, 1826, vol. iv. 132—Part set off to Campbell, 1828, vol. iv. 139—Portions successively set off to Heard, 1830, pam. 48; 1821, pam. 72 ; 1834, pam. 73—Organized, 1826, vol. iv. 132-—-Cen¬ sus taken, 1826, vol. iv. 40. Jurisdiction extended over apart of the Cherokee territory, 1827, vol. iv. 175. Sheriffs' bonds reduced to <$10,000,1829, vol. iv. 408. County buildings located at Carrollton, 1829, vol. iv. 486. Academics. County Academy incorporated, 1829, vol. iv. 58^-Lyceum Academy incorporated, 1831, pam. 4—Two trustees added to the County Academy, 1832, pam. 14—Mode of electing trus¬ tees prescribed for the Carrollton Academy, 1835, pam. 4—Villa Rica Academy incorporated, 1835, pam. 13. Prison fees arising in the Cherokee territory annexed, 1830, pam. 53. Over payments of 25 per cent, on the State tax refunded, 1832, pam. 188; 1833, pam. 277. Disposal of the Stale's interest in lands, ferries, &c., 1826, vol. iv. 260; 1827, vol. iv. 265, 340; 1828, vol. iv. 267: 1831, pam. 147. Baptist church at Concord incorporated, 1834, pam. 54. Sheriffs may advertise in Milledgeville, Macon, or Columbus, 1834, pam. 220. Election Districts and Elections. Elections to be held as at present, also at the justices'court in the first district, at the house of John Robinson in the 8th, and at Mcintosh's in the fourth, 1827, vol. iv. 175—Established at John Griswold's, and at the store-house of Roddy and Niuney, 1829, vol. iv. 184—At Pitt's store in the fifteenth, 1830, pam. 86—Established at the house of William G. Springer, or at the place of justices' courts iu the fourth dist. 1831, pam. 85; at the place of holding justices' courts in the ninth, 1831, pam. 130—At the house of James Broombly lathe seventh, 1832, pam. 76—Removed from Broomhly's to George Reed's, 1833, pam. 97—Removed from Roddy & Ninuey's old store to Hickstown, 1834, pam. 103—At Villa Rica instead of the house of William H. Mallery, 1834, pam. 107—Pay for carrying up precinct returns, 1834, pam. 111—At the house of Hinche P. Mabry, 1836, pam. 121. Carrollton incorporated, 1829, vol. iv. 486—Election of commissioners, 1831, pam, 84. LOCAL ACTS SINCE 1836. Academies. Union Academy, trustees appointed for, 1837, pam. 8—Liberty Plains Academy in¬ corporated, 1838, pam. 5—County Academy, Acts to incorporate revived, 1845, pam. 58—Carroll¬ ton Male Academy incorporated, 1850, pam. 26. Elections. Precinct changed from J. Robinson's to justices' court ground, 1839, pam. 175; to court ground in 649th district, 1843, pain 50, in 7th district to law ground, 1850, pam. 171. Precinct abolished at E. Baxter's, 1840, pam. 66; Established at court ground 4th district, 1841, pam. 91, at John Talant's, 1842, pam. S2; At D. B. Head's, 1845, pam. 92. Officers. Tax collector and receiver consolidated, 1838, pam. 243, repealed, 1850, pam. 384. May advertise in any paper in circuit, 1841, pam. 76—Treasurer elected by people, 1850, pam. 390. Jurors. Grand and petit compensated, 1839, pam. 72; Repealed, 1S47, pam. 209; Boxes to be revised, 1847, pam. 208. 1152 LOCAL ACTS. Toions. Villa Rica incorporated, 1842, para. 94. Lines. Part of Paulding added, 1847, pam. 68; John Law added to Paulding, 1850, pam. 182. Tax. Extra authorized, 1847, pam. 285. CASS COUNTY. Laid out from Cherokee and defined, 1832, pam. 57—Part taken from Murray, 1834, pam. 71—' Organized, 1832, pam. 56. Public Buildings located at Cassville, 1833, pam. 318. Academies and Free Schools. Cassville Academy incorporated, 1833, pam. 20—May draw of the poor school fund in proportion to a census to be taken, 1833, pam. 42—Four additional trustees ap¬ pointed, 1834, pam. 17—Appropriation of $815 to build an academy edifice, 1835, pam. 16. Disposal of the State's interest in fraudulent lots, 1836, pam. 136. , Election Districts and Elections. Elections to be held at the places of justices' courts, 1832, pam. 78—At the house of J. G. B. Adams, 1835, pam. 82. ; Colonels and majors to be elected at the election precincts, 1834, pam. 101. Justices of the inferior court authorized to alter and regulate the militia districts, 1835, pam. 148. Taxes in Cass, returned before the county was laid off, to be paid in Cass, 1833, pam. 283. Judges of the superior courts to audit costs on Cherokee indictments, 1835, pam. 79. Grand and petit jurors, when to be drawn, 1835, pam. 139. Pitner's ferry over the Etowah, (or Hightower,) 1835, pam. 92. Tumlin's ferry over the Etowah, 1835, pam. 94. McAfee' ferry across the Oostanallee, 1836, pam. 129. May's ferry across the Coosawattee, 1836, pam. 130. Cassville incorporated and made the county site, 1833, pam. 318. LOCAL ACTS SINCE 1836. Academies. Governor to draw for benefit of Cass, 1843, pam. 28. Elections. Precinct established at Captain Wm. McCrary's, 1837, pam. 105; at'eourt ground 7th district, 3d section, 1840, pam. 66; changed from J. G. B. Adams' to court ground, 1847, pam. 100; from Adairsville to New Adairsville, 1850, pam. 168. Cassville incorporated, 1843, pam. 94. Cartersville incorporated, .1850, pam. 103. % Jurors. To compensate grand and petit, 1837, pam. 162; Repealed, 1845, pam. 149—Compen¬ sated, 1850, pam. 288. Churches. Bethel church incorporated, 1838, pam. 56; Cassville Presbyterian, 1843, pam. 79. Courts. Inferior, to remit, forfeiture of J. G. B. Adams and another, 1839, pam. 69—To exam¬ ine insolvent lists, 1845, pam. 195—Superior to hold two weeks, 1847, pam. 90—Inferior to pay jail fees of insolvents, 1847, pam. 194. Lines. Lot 210, 16th and 3d, added to Floyd, 1843, pam. 26; certain persons added, 1845, pam. 74; part added to Murray, 1850, pam. 129. Poor School Fund. Paid out of Treasury, 1843, pam. 28. Tax. Extra authorized 1850, pam. 383. Volunteers. "Knights Centicollum," incorporated, 1850, pam. 310. CHATHAM COUNTY. Saint Philip's and Christ Church parishes laid out, 1758, vol. i. 151—Christ Church parish and- part of Saint Philip's formed into Chatham county, 1777, vol. i. 6. V4- ' . County Site and Buildings, 1784, vol. i. 153; 1793, vol. i. 172; 1801, vol. ii. 5; 1802, vol. iL 70, 1804, vol. ii. 180; 1822, vol. iv. 443. Academies, etc. 1788, vol. i. 564; 1808, vol. ii. 463—Poor school fund vested in the Free School Society, 1824, vol. iv. 22—Appropriation for Chatham county applied to the Savannah free school , whenever the academy is not in operation, 1825, vol. iv. 29—Repealed, 1826, vol. iv. 33—Appro¬ priation of ungranted lands, 1829, vol. iv. 272. Militia. Amendment of the militia laws as to Chatham, 1832, pam. 135—As to the first regiment,t 1835, pam. 149. Volunteers. For the encouragement of squadrons of cavalry in the first division, 1822, vol. iv. 280—Recruiting volunteers in Chatham, 1823, vol. iv. 282—Privileges after ten years' service in a volunteer corps, 1830, pam. 153—Georgia Hussars exempted from certain duties, 1832, pam. 138. Churches. Episcopal church in Savannah incorporated, 1789, vol. i. 144—Roman Catholic in, Savannah, 1801, vol. ii. 10.—To increase the funds of the Ind. Presbyterian, 1805, vol. ii. 248—Pres¬ byterian church in Savannah incorporated, 1806, vol. ii. 325—Act amended, 1807, vol. ii. 405;— Again amended, and trustees empowered to sell real estate, 1821, vol. iv. 102—Confirming the acts and enlarging the powers of the trustees of the White Bluff church, 1829, vol. iv. Ill—Mariner's church incorporated, 1830, pam. 71. Roads. 1800, vol. i. 409; 1802, vol. ii. 69, 70; 1803, vol.ii. 138, 152; 1S04, vol. ii. 197, 215; 180Hj>. vol. ii. 384; 1812, vol. iii. 760, 761—No slaves in Chatham to work on the road.s in Bryan, 1822, vol. iv. 376—Summoners, 1823, vol. iv. 382—Removal of sudden obstructions, 1827, vol. iv. 396— Calls of hands in cases of emergency, 1828, vol. iv. 398—Meetings of the commissioners, 1829, vot^ iv, 401—Persons appointed commissioners compelled to serve as such, 1831, pam. 209—Road com-; ; missioners may meet at the call of the chairman, 1832, pam. 162—May receive the year's funds-in advance, and to audit the accounts. 1834. nam. 195. LOCAL ACTS. 1153 Bridge across Shedaway Narrows, 1831. pam. V8. Ferry across Savannah river near Savannah, to St. Peter's parish, South Carolina, 1835,. pam. 98. Jenks'toll, 1803, vol. ii. 115 ; 1804, vol. ii. 191; 1808, vol. ii. 466; 1830, pam. 191; 1833, pam. 294- One or more justices of the inferior court competent to discharge insolvent debtors, 1818, vol. Hi. 249. Fines taken from the corporation of Savannah, and vested in Chatham inferior court, 1823, vol. iv. 124. Sheriffs and constables authorized to enter houses to search for harbored seamen, 1829, vol. iv. 408. Constables to be elected, as before the act of 1799. for three years, 1831, pam. 87. Justices of the peace may not reside out of their districts, 1835, pam. 142. Lien on buildings to masons and carpenters in Richmond and Chatham, 1327, vol. iv. 336. Slaves and Patrols. Act amending (except as to Savannah) the general act of 1830, 1831, pam. 167—Duties of guardians of colored persons, 1833, pam. 226, sec. 1, 2 and 9. Acts of Tho. Bourke as clerk of court of ordinary made valid, 1808, vol. ii. 437. Obstructions in water courses, 1808, vol. ii. 484. Inferior court empowered to lease out certain premises on the Ogeechce, adjoining Gunn and Hampton's bridge, 1801, vol. iv. 673 ; 1803, vol. ii. 679—Extra session of superior court, 1802, vol. ii.94—Case of Edward White, clerk of the court of ordinary, 1807, vol. ii. 681—Acts of Thomas Bourke legalized, 1808, vol. ii. 437. Collection of direct tax, 1817, vol. iii. 888—Tax remitted to the sufferers by fire, 1820, vol. iv. 301—Horseracing on the highways prohibited, 1881, pam. 69. Savannah. Laws, police, lots, common, &c. 1760, vol. i. 117, . Site. Removed from Livingston to Rome, and Rome incorporated, 1833, pam. 76; Mo.do a city, 1817, pam. 50. I/nes. Part cut off to form Chattooga, 1833, pam. 77 : Part taken hack and line run, 1840, pam. 35; Line to be run, 1841, pam. 62 ; Line changed, 1842, pam. 64; Lot 210, 16th and 3d, added, 1166 LOCAL ACTS. 1843, pam. 26—Line of Chattooga and Cass changed, 1845, pam. 74; 1847, pam. 66, 69; Part of Paulding added, 1847, pam. 68. Tax. Extra authorized, 1840, pam. 184; 3d section repealed, 1843, pam. 173; Extra authori¬ zed, 1845, pan:. 192. FORSYTH COUNTY, Laid out from Cherokee, 1832, pam. 56. Organized, 1832, pam. 56. Public buildings located at Cumming, 1834, pam. 253. Academies and Free Schools. County academy incorporated, 1833, pam. 16,17—Authorized to draw ofthepoor school fund in proportion to a census to betaken, 1833,pam. 42—Jackson academy incorporated, 1834, pam. 9.—Appropriation of $815 to build an academy, 1835, pam. 16. Election Districts and Elections. Elections to be held at the several justices' court-houses, 1832, pam. 78—Duty and pay of justices in consolidating returns, 1833, pam. 89—Elections removed from Lewis Wiggins' to lot No. 877, in the 2d land district, 1834, pam. 103—Elections to be held, at the justices' court ground of the 842d militia district, 1834, pam. 104—At Hickory Grove, on let No. 298 in the 3d, instead of Leonard i3. Jones', 1334, pam. 107. Colonels and majors to be elected at the several election precinct?, 1834, pam. 101. Taxes ofresidents in Forsyth given in to Cherokee before division, to be paid to Forsyth, 1833, pam. 283. Costs on Cherokee indictments to be audited by the judge of the superior court, 1835, pam. 79. Grand and petit jurors, when to be drawn, 1835, pam. 139. Cumming incorprrated and made the county site, 1834, pam. 255. Disposal of the State's interest in lands, 1836, pam. 136. Sheriff's bond reduced to $10,000, 1836, pam. 253. LOCAL ACTS SINCE 1836. Academies. Cumming Male, additional Trustees, 1839, pam. 12—Do. do. 1842, pam. 13. Elections. Precinct established on Lot No. 950, 14th and 1st, 1840, pam. 65—At II, Barker's, 1842, pam. 76—At Clias. 8. Duprees. Changed from C. Green's to court ground, 1842, pam. 79—Light's precinct removed to court ground, 1847, pam. 100—From Lot 887, to court ground, 1847, pam. 140. Jurors. Grand and petit compensated, 1837, pam. 162—Repealed as to grand—Petit 50 eta. a day, 1815, pam. 151. Officers. Sheriff authorized to advertise anywhere, 1838, pam. 220—Tax Collector and Receiver. consolidated, 1838, pam. 243—Repealed, 1843, pam. 174—Inferior court to examine insolvent list, 1845, pam. 195. Camming, incorporated, 1845, pam. 125—Amended, 1850, pam. 81. Churches. Bethel Baptist incorporated, 1841, pam. 34—Shady Grove, 36. Camp Ground. Warsaw—Trustees appointed, 1842, pam. 45. Road Laios. Warner's to be appointed, 1811, pam. 183. Lines. Part of Cherokee added, 1847, pam. 67—Part of Lumpkin added, 1850, pam. 138. FRANKLIN COUNTY. Boundaries laid out, 1784, vol. i. 330—Part set off to Jackson, 1796, vol. i. 168—Line with El¬ bert, 1803, vol. ii. 175 ; 1806, vol. ii. 304—Part set off to Madison, 1811, vol, iff. 181—Part added to Jackson, 1812, vol. ii. 194—Part added to Hall and Habersham, 1818, vol. iff. 226—Line with Habersham, 1819, vol. iff. 239—More added to Madison, 1819, vol. iff. 240—Line defined and more added to Jackson, 1821, vol. iv. 121—Further addition to Madison, 1823, vol. iv. 124. Church. Baptist church at the Poplar Spring incorporated, 1836, pam. 82. Public buildings made permanent at Carnesville, 1806, vol. ii. 309. Academies, Free Schools, #c. County academy named and incorporated, 1824, vol. iv. 25— Additional Trustees appointed, 1825, vol. iv. 29—Organization, duties and responsibility of the trustees of the poor school fund, 1826, vol. iv. 37—Payment of poor school dividend of 1826 and 1827, vol. iv. 107 of Resolutions—County academy to receive all arrears and future academy divi¬ dends, 1830, pam. 15 ; 1832, pam. 230—Teachers of poor children must be examined by the jus¬ tices of inferior court 1834, pam. 168—Or by persons appointed by them, 1835, pam. 177—Div¬ idends payable on application of any one trustee, 1835, pam. 7. Election Districts and Elections. Elections to be held at Carnesville, and at each of the battalion muster grounds, 1816, vol. iff. 258—Consolidation at Carnesville, 1823, vol. iv. 158—Asto conduct¬ ing the elections, 1825, vol. iv. 167 ; 1828, vol. iv. 177—At the place of justices' courts in Captain Rovston's district, 1831, pam. 126—Royston's district discontinued, and district established at An¬ drew Browning's, in the 572d militia district, 1832, pam. 77—Pay for carrying up district returns, 1834, pam. Ill—Elections to be held at the King's Bench, 1835, pam. 82. Roads. Road laws amended, 1816, vol. iff. 777 ; 1826, vol. iv. 392—Fines to be paid to road com¬ missioners, 1833, pam. 301—Inferior court empowered to purchase pxivate bridges, 1804, vol, ii. 199— Akins' ferry across the Tugalo, 1836, pam. 128. LOCAL ACTS. 1167 Patrols to be appointed by justices of the peace where there may be no captain, 1827, vol. iv. 412. Poor. Extra tax for their support, 1829, vol. iv. 426. Fish in Savannah river, 1812, vol. iii. 488 ; 1816, vol. iii. 506. Extra taxes, 1796, vol. i. 168 ; 1805, vol. ii. 247 ; 1806, vol. ii. 303 ; 1821, vol.iv. 419 ; 1826, vol. iv. 423; 1829, vol. iv. 426. Acts of sheriff before his oath was recorded made valid, 1822, vol. iv. 403. Sheriff required to advertise in an Augusta paper, 1810, vol. iii. 617—Permitted to advertise in Milledgeville, 1822, vol. iv. 403. Carnesville. Made the county site, 1805, vol. ii. 247; 1803, vol. iv. 309—Act for its regulation, 1807, vol.ii. 396—Act amended, 1808, vol. ii. 501 ; Further amonded» 1319, vol. iii. 1053; Last Act amended, 1822, vol. iv. 444. Certain acts for the clerk made valid, vol. iii. 288. LOCAL ACTS SINCE 1836, Academies and Churches. Certain teachers to be paid, 1840, pang 58 ; Teachers, how paid, 1845, pam. 88. Cannon's meeting house incorporated, 1843, pain, 48. t Elections. Precinct established at Moses Mauley's, 1837, pam, 105; at justices' court, Smith's district, 1839, pam. 180 ; At Pruitt and Payne's, 1841, pam. 90; At court ground 213th district, 1847, pam. 99 ; At Cross Keys, 1850, pam. 168. Precinct changed from N. Holley's to N. Gunnel's, 1837, pam. 105 ; from Meredith's to J. Gurs- ley, 1847, pam. 99. Lines. Part added to Jackson, 1837, pam. 69 ; Part of Habersham added, 1850, pam. 134. Jurors. Grand and petit compensated, 1837, pam. 1602 ; Repealed, 1841, pam. 152; Revived, 1842, pam. 117; Repealed, 1843, pam. 128. Officers. Tax Collector and Receiver consolidated, 1839, pam. 45 ; Repealed, 1850, pam, 385 ; Sheriff's bond $10,000, 1850, pam. 65. Lines. Dividing from Habersham changed, 1841; pam. 67. Poor School. Accounts to be paid, 1840, pam. 58 ; Law amended, 1845, pam. 88. Militia Laws. Amended as to Franklin, 1840, pam. 125 ; Repealed, 1850, pam. 313. GILMER COUNTY. Laid out from Cherokee and organized, 1832, pam. 57. Public buildings located atEllijay, 1834, pam. 247. Academies and Free Schools. County academy incorporated, 1833, pam. 17 ; Authorized to take a county census, and to draw of the poor school fund proportionably, 1833, pam. 42; appropriation by the State of $815 to build an academy edifice, 1835, pam. 16. Election Districts and Elections. Elections to be held at the several places ofholding justices' cpurts, 1832, pam. 78 ; At the house of Cornelius Cooper, 1834, pam. 103. Colonels and majors elective at the precincts, 1834, pam 101. Turnpike road from Dahlonega, through Gilmer to the Tennessee line, 1834, pam 209 ; To be made by the State and $10,000 appropriated, 1836, pam. 243. Taxes of residents given in before Cherokee was divided, to be paid to Gilmer, 1833, pam 283. Costs on Cherokee indictments to be audited by the judge of the superior court, 1835, pam 79. Grand and petit jurors, when to be drawn, 1835, pam, 139. Ellijay incorporated and made the county site, 1834, pam 247. Disposal of the State's interest inlands, 1836, pam 136. LOCAL ACTS SINCE 1836. Elections. Precinct established at William Kinscy's, 1839, pam. 180—At court ground in 907th district, 1842, pam. 77. Changed from C. Cooper's and J. James' to court grounds, 1841, pam. 90—From C. Cooper's to justices' court grounds, 1842, pam. 80. Officers. Tax collector and receiver consolidated, 1837, pam. 75—Sheriff authorized to advertise in Athens paper, 1839, pam. 44—Sheriff's bond $10,000,1845, pam. 189—Clerks compensated for recording constables' bonds, 1850, pam. 71—Jurors compensated, 1850, pam. 282. Lines. Defined between Gilmer and Murray, 1838, pam. 79, Education Fund. How distributed, 1850, pam. 159. County Site. Established at Ellijay, 1340, pam. 102. Camp Grounds. Coticay incorporated, 1842, pam. 47. Iioad Laws. Warners to be appointed, 1841, pam. 183. GORDON COUNTY. Laid out from Floyd and Cass, and organized, 1850, pam. 124. Time of holding elections, 1850, pam. 137. GREENE COUNTY Laid out from Washington, 1786, vol. i, 162—Part set off to Hancock, 1793, vol. i, 164— Part to 116S LOCAL ACTS. Oglethorpe, 1794, vol. i, 173; 1799, vol. i, 176—Partudded to Clarke, 1802, vol. ii, 89—rart taken from Wilkes, and a portion added to Clarke, 1802, vol. ii, 89—Part set off to Taliaferro, 182.7, vol. iv. 129. Public buildings placed on college land, 1786, vol. i, 162—Located permanently at Greensboro', 1802, vol'ii, 89. Academies and Free Schools. Commissioners appointed for the County academy, 1803, vol. ii, 119—Trustees of the County academy made elective by the commissioners of Greensborough, 1321, vol. iv, 8—Trustees of Greene county academy authorized to sell a lot adjacent to Geoen«borougli, 1822, vol. iv, 13—Brockman United academy incorporated, 1826, vol. iv, 3.7—Lafayette Hall aeul- emy incorporated, 1827, vol. iv, 46—Thornton i academy incorporated, 1831, pam. 3—White Plains academy incorporated, 1834, pam, 63—All tines, forfeitures, <&c. accruing in the county, vested in the Trustees of the poor school fund, 1835, pam. 100. Elections to be held at Littleberry Stovall s, 1831, pam. 127—District abolished and all elections to be held at Greensborough, 1833, pam. 94. Road lays amended as to Greene, and several other counties, 1807, volume ii, 3.04; 1808, vol. ii, 487. Extra taxes, 1803, volume ii, 110; 1805, vol ii, 256; 1807, vol ii, 390; 1817, vol iii, 913; 1819, vol iii, 933. Slaves not to hire their time or work for themselves, 1834, pam 226, Churches. Baptist at Bethosda incorporated, 1818, vol iii, 843—Greensborough Union church incorporated, 1828, vol iv, 108. Poor. Inferior court authorized to establish an asylum for the invalid poor, 1834, pam 40. Records transcribed, 1810, vol ii, 626. Vendue masters, 1816, vol iii, 1071. Gresham's formerly Colham's ferry over the Oconee, 1823, iv, 331. Terrell's bridge over the Apalatchee, 1825, vol iv, 387-8. Dawson's, Amis' and Ligon's sluice in the Oconee, 1821, vol iv, 309. Greensborough established, 1786, vol i, 162—Declared to be the public site, 1802, vol ii, 89—In¬ corporated, 1803, vol ii, 149—Act to regulate, 1804, volii, 212—Extended and more lots sold, 1908, vol ii, 495; Commissioners empowered to sell alleys or hamlets, 1810, vol iv, 630; Act for its bet¬ ter regulation and to amend the former acts, 1815, vol. iii, 1018; Commissioners of the town and academy made separate boards and duty as to roads, 1816, vol iii, 1021; Amendatory, prescribing several duties and powers of the commissioners, 1819, iii, 1022; Act to regulate free persons of color in Greensborough and Madison, 1834, pam. 228. LOCAL ACTS SINCE 1836. Academies. Buena Vista incorporated, 1349, pam. 22—Trustees of Greensborough academy to sell land, 1850, pam. 31. Elections. Precinct establised at Skull shoals, 1839, pam. 180—At Credille and Philips' store, 1840, pam. 66—At Penfield, 1841, pam. 91, Morrell, 1850, pam. 167. County line. Wm. Ware added to Green, 1841: pam. 62. Churches. Burke's meeting house incorporated, and trustees appointed, 1839, pam. 90. Oreenxborour/h. Charter amended, 1850, pam. 389. Penfield. Trustees of University—Commissioners, 1840, pam. 104—Repealed and commissioners to be elected, 1847, pam. 140. Camp Ground. Hastings M. E. incorporated, 1842, pam. 47. lax. Extra authorized, 1847, pam. 287. GLYNN COUNTY. Parish of St. David and St. Patrick laid out, 1765, vol i, 152 ; Glynn county formed of those two parishes, 1777, vol i, 6—Certain islands annexed to Glynn, 1789, vol i, 153—Liue between Glynn and Camden, 1801, vol ii, 673; 1803, vol ii, 175—Part set off to Wayne, 1805, vol ii, 282; 1820, vol iv, 117—Part taken from Wayne, 1822, voliv, 123. Public buildings located, 1787, vol i, 154; 1797, vol i, 16 )—Rent of commons. 1813, vol iii, 977 —County fax to erect court house and jail, 1817, vol iii, 912. Academies. Commissioners of Brunswick made commissioners of the County academy, 1813, vol iii 977,973—Glynn county incorporated, 1821, vol iv, C—Operations of the County academy to ceavl.e, and commissioners allowed to apply the funds to free schools, 1823, vol iv, 1*7—Acade¬ my building to he sold, 1829, vol iv, 56—Appropriation of certain rents, and other provisions made for education of the poor, 1830, pam 111—Glynn county to receive its academic: and poor school dividends, 1332, pam 220. Election Districts and Elections. Elections to be held at Brunswick, at the house of Isaac Abra¬ hams, at the head of Turtle river, and at the house of John Moso, on the island of St, Simons, 1824, vol iv, 160—At Brunswick, at the head of Turtle river, at ornear the nnrsicr ground of 1 lie 127th district company, and at the church in the island of St. Simons, 1825, vol iv, 165—At Hn. ten's church, 1820, vol iv, 183—§3 allowed for carrying the district returns to the court house, IK'iO, pam 107—Election* on St. Simon's changed to the houtv of James Frcven, 1830, pam 111—If moved from Huston's meetinghouse to John Eronl;ins', 1352, pam 77—pay for canning up llui pre in :t return 1351, pam 111. Volunteers. An act to entourage the organization of volunteer cavalry in the first division, LOCAL ACTS. 1169 1822, vol iv, 280—For the encouragement of volunteer companies, in the first brigade of the first division, 1830, pam. 153—Glynn county Hussars incorporated, 1831, pam. 153—Arms to be pur« chased by the Glynn cavalry, 1832, pam 139. Episcopal Church in Frederica incorporated, 1808, vol. ii, 477—Bethel Presbyterian church in¬ corporated, 1836, parr. 83. Extra taxes, 1814, vol. iii, 902; 1817, vol. iii, 912; 1319, vol. iii. 932; 1821, vol. iv. 418; 1823, vol. iv, 421. Roads, 1803, vol. ii. 152 : 1804, vol. ii. 215; 1805, vol. ii. 266; 1806, vol. ii, 350 ; 1307, vol. ii. 398; 1808, vol. ii, 492; 1811, vol. iii. 755; 1812, vol. iii. 760; 1813, vol. iii. 762; 1815, vol. iii, 767; 1817, vol. iii. 780; 1818, vol. iii, 782; 1819, vol.iii, 795; 1820, vol. iv. 363; 1821, vol. iv. 365; 1822, vol. iv. 374; 1823, vol. iv. 378, 379; 1824, vol. iv. 384; 1825, vol. iv. 387—Act to amend and con¬ solidate the road laws of Glynn county, 1825, vol. iv. 389—Election and duties of road commis¬ sioners, 1826, vol. iv. 391—Act to amend the road laws of Glynn, 1827, vol. iv. 394—Further amended, 1829, vol. iv. 402—St. Simon's island, 1830, pam. 193—Election and duty of commis¬ sioners, 1834, pam. 197—Commissioners of roads may apportion hands for the road from Bruns¬ wick to the Altamaha, 1836, pam. 247. Constables may be drawn for and their fees raised 25 per cent., 1830, pam. 102. Asylum for the poor may be established by the inferior court, 1834, pam. 40. Sheriffs' bonds reduced to $10,000, 1832, pam. 169. Slaves and Patrols. Justices to appoint patrols where the captaincy is vacant, 1827, vol. iv. 412 —Trade with persons of color regulated, 1827, vol. iv. 136—Last act repealed, 1829, vol. iv. 140— Act of 1830, concerning patrols, amended as to Glynn, 1831, pam. 167. Clerk's office to be kept within a mile of Brunswick, 1817, vol. iii, 156. Courts allowed to be held in the academy, 1825. vol. iv. 216. Pancel's ferry across the Altamaha, 1830, pam. 194. Williamsburg laid out on little Savilla Bluff on the Altamaha, 1792, vol. i. 140. Brunswick and Frederica. Commissioners to ascertain the boundaries, 1796, vol. i. 158—Bruns¬ wick declared to be the county site, 1797, vol. i, 160—Commissioners of Frederica empowered to lay off a range of water lots, 1802, vol. ii. 63—One-fourth of the rent of the commons appropria¬ ted to the courthouse and jail, 1813, vol. iii. 977—Tax on the common to build a court house and jail, 1814, vol. iii. 902—Act of 1813 amended, 1814, vol. iii. 978—Lottery, 1825, vol iv. 462—Re- survey of Brunswick, 1826, vol. iv, 469; 1828, vol. iv. 479—The width of Bay street reduced, 815 to build an academy, 1835, pam. 16—Additional trus¬ tees appointed for the County Academy, 1836, pam. 16—additional trustees appointed for the coun¬ ty academy, ibid, 18. Elections at the several justices' court-houses in the county, 1832, pam, 78---Repealed, and all elections to be held at the court-house of the county, 1836, pam. 121. Colonels and majors to be elected at the several precincts, 1834, pam. 101. Murray county to collect and receive the taxes of residents given in before Cherokee was divided, 1833, pam. 283. Minutes of superior court to be transcribed, 1834, pam. 97. Grand and petit jurors to be drawn 1st Monday in January, or within 60 days thereafter, 1C35, pam. 139. Costs on Cherokee indictments to be audited by the judge of the superior court, 1835, pam. 79. Tarvin's ferry across the Oostanala, 1884, pam. 128. Bcthune's ferry across the Oostanala, 1334, pam. 130. Lowny's ferry across the Coosawattcc, 1836, pam. 129—Jones' ferry across the same river, 1836, pant. 131. Spring place incorporated and made the public site, 1834, pam. 248. Hale of the State's half of fraudulently drawn lots, 1836, pam. 136—Militia districts to he laid off by the inferior court, 1330, pam. 162. Appropriation of $10,000 to construct a road from Dahlonega to join the Federal road, 1836, pam. 243. LOCAL ACTS SINCE 1336. Academies. County academy additional trustees, 1839, pam. 13—Sandy Spring and Clear Spring academies incorporated, 18-10, pam. 11, 14—Sharon academy incorporated, 1841, pam. 4—Spring I'lace academy incorporated, 1850, pam. 32. Elections. Precincts established at R R Brown's, Ambrose McGebee's, and C T Cogburn's, 1837, pam. 106—At Red Hill and Mrs. Widener'a, 1839, pam. 174—At all justices' court grounds, 184), pam. 91—At D Carroll's, 1843, pam. 52—Court ground 908th district, 1845, pam. 92—On lot 235, 1817, pam. 99—At Tunnel Hill and S R MeCarmy's, 1850, pam. 165—Changed to court ground 1013th district, 1847, pam. 99—Established at all justices' courts, 1850, pam. 162. Officers. Tax collector and receiver consolidated, 1837, pam. 73—Repealed, 1850, pam. 384— Sheriff's bond $15,000, 1850, pam. 64—Treasurer elected by people, 1850, pam. 390. Militia Districts. Justices to lay out, 1837, pam. 110. Jurors. Grand and petit, compensated, 1837, pam. 182; Repealed, 1842, pam. 118; Revived, 1850, pam. 286. ^ Lines. Defined lactwcen Murray and Gilmer, 1838, pam. 79—Part of Cass added, 1850, pam. 129—Line of Walker changed, 1350, pam. 135. Towns. Cross Plains incorporated, 1839, pam. 83—Changed to Daltonand limits extended, 1847, p®m, 47—Spring Place, charter amended, 1839, pam. 86—Acts incorporating Dalton, amended, 1850, pam. 86—Tunnel Hill incorporated, 1350, pam. 92. 1190 LOCAL ACTS. Camp Ground and Churches. Sharon incorporated, 1842, pam. 42—Pleasant Valley Baptist, trustees appointed, 1842, pam. 46—Mount Olive church, 1843, pain. 79. Education. General system established, 1850, pam. 156. Tax. Extra authorized, 1342, pam. 174; To build a jail, 1845, pam. 192. MUSCOGEE COUNTY. Laicl out 1826, vol. iv. 132—Part set off to Harris, Talbot, and Marion, 1827, vol. iv. 187— Part taken from Marion, 1829, vol. iv. 140—Part taken from Harris, 1829, vol. iv. 141. Organized, 1826, vol. iv. 132 ; 1827, vol. iv. 135. Census directed to be taken, 1826, vol. iv. 40. Academics and Free Schools. Muscogee academy named and incorporated, 1828, vol. iv. 53— Trustees appointed for Upatoi academy, 1832, pam. 3—Poor school fund regulated, 1832, pam. 17} Jefferson academy incorporated, 1833, pam. 25—County to receive the amount due of the Poor school fund, 1833, pam. 233—Authorized to sell the square reserved for the academy in Columbus, and allowed two acres of the common, 1834, pam. 21—Mount Pleasant academy incorporated, 1835, pam. 11—Trustees of Muscogee academy empowered to sell a portion of the Female academy lots, 1835, pam. 14—Summer retreat academy incorporated, 1836, pam. 4—Part of act incorporat¬ ing Mount Pleasant academy repealed, 1836, pam. 4. Public Buildings. Half the public square allowed for county purposes, 1828, vol. iv. 479. Carpenters and masons allowed a lien on buildings, '1328, vol. iv. 342 ; 1834, pam. 187 ; 1835, pam. 146. Elections and Districts. Elections to be held at the house of James U. Glenn, 1835, pam. 83— At the house of James U. Glenn, 1835, pam. 85. Colonels and majors to be elected at the several election precincts, 1835, pam. 85. Columbus Guards incorporated, 1835, pam. 289. Churches. A lot to the Methodist church in Columbus, 1828, vol. iv. 109—A lot to the Baptist church in Columbus, 1829, vol. iv. Ill—A lot in Columbus to the Presbyterian church, 1830, pam. 65—To the lloman Catholic church, 1831, pam. 61—St. Philip and St. James' Roman Catholic church incorporated, 1831, pam. 63—Trinity church incorporated, 1834, pam. 53. Disposal of the State's interest in public lands, 1826, vol. iv. 260 ; 1827, vol. iv. 265, 340 ; 1828, vol. iv. 267 263; 1829, vol, iv, 348 ; 1831, pam. 147; 1835, pam. 137. Columbus. Laid out, 1827, vol. iv. 470—Incorporated, 1823, vol. iv. 474—Loan by the State of $16,000 to build a bridge, 1831, pam. 232—Water lots to be laid off and leased, 1831, pam. 236— Fire company, 1831, pam. 247—Laws of incorporation amended, 1835, pam. 55—Corporate pow¬ ers extended to the western bank of the Chattahoochee, 1836, pam. 89—Canal and water com¬ pany incorporated, 1836, pam. 143—Insurance and Trust company incorporated, 1836, pam. 152. LOCAL ACTS SINCE 1336. Academies. Halloca academy—Trustees appointed, 1837, pam. 5 ; Wynnton do. Trustees ap¬ pointed, 1837, pam. 6 ; Princeton do. Trustees appointed, 1837, pam. 8 ; Ebenezer do. incorporat¬ ed, 1338, pam. 7 ; Columbus acf demy authorized to lay off a new square, 1839, pam. 9 ; Hickory Grove academy incorporated, 1839, pam. 5 ; Mount Pleasant do. incorporated, 1840, pam. 11. Elections. Halloca precinct changed to justices' court ground, 1837, p. 105—From Glenn's and Halloca to Bald Hill, 1840, pam. 65—Re-established at Glenn's andllalloca, 1841, p. 89—"Glenn's" removed to McNorton's, 1847, pam. 97. Established at J. Harris' 1845, pam. 92, 94. Justices superintending compensated, 1839, pam. 183. Columbus. What shall pass the bridge free of toll, 1842, pam. 37—To lease south commons, 18 37, pam. 54—To amend acts incorporating, 1837, pam. 55—Columbus Lyceum incorporated, 1838 pam. 16—Corporate limits extended, 1838, pam. 68—Lot set apart for jail, 1839, pam. 222— Purchasers of lots relieved, 1840, pam. 162—Water lots to be laid out, 1840, p. 187—Special tax, 1841, pain. 196—Fire company No. 1, incorporated, 1843, pam. 102—Assessors and Guard, 1843, pam. 107—Charter amended, 1845, pam. 67—Amendatory as to tax, 1845, pam. 69; 1347, pam, 29—Charter amended, 1847, pam. 28—Extra tax, 1847, pam. 285. Juries. Law as to drawing altered, 1837, pam. 159—Sheriff compensated for summoning not more than $2,00, 1838, pam, 221—Compensated, 1850, pain. 284. Court. Adjournment of superior court legalized, 1838, pam. 83—Inferior court to pay the Sheriff $2,00 for summoning juries, 1838, pam. 221—Witnesses fees, $1,50, 1839, pam. 141. OJficers. Thomas Burch to act as deputy clerk in certain offices, his acts legalized, 1838, pam. 218. Asylum for Poor. Incorporated, 1847, pam. 133. Tax. Inferior court to levy an extra tax not exceeding 100 per cent, 1838, pam. 239. Lines. Dividing from Marion altered and fixed, 1840, pam, 38—Part added to Talbot, 1847| pam. 64—Part to Marion, 1850, pam. 139. Churches, baptist incorporated, 1840, pam. 85. Camp Ground. Philadelphia M. E. incorporated, 1843, pam. 79. _ _ Volunteers. " Columbus Guards," privileges allowed, 1845, pam, 198—City Light Guards jjl- corporated, 1847, pam, 116. LOCAL ACTS. 1191 Sales. Executors', Administrators', and Guardians' sales to be made at market bouse instead of court house, 1847, pam. 19. NEWTON COUNTY. Laid out from Jasper, Walton, and Henry, 1821, vol. iv. 119—Part added to Jasper, 1822, vol. iv. 123—Line between Newton and Jasper designated, 1822, vol. iv. 123—Part taken from Mor¬ gan and the line defined, 1823, vol. iv. 126—Line designated, and part added to DeKalb, 1826, vol. iv. 134—Part added to Jasper, 1834, pam. 72. Academies. Newton academy incorporated, 1822, vol. iv. 11; Leakesville academy incorporated, 1823, vol. iv. 17—Inferior court allowed to convey land on which to build the county academy edifice, 1824, vol.iv. 21; 1828, vol. iv. 51—Jefferson academy incorporated, 1826, vol. iv. 39—Trus¬ tees appointed for Jefferson academy and entitled to half the academic fund, 1832, pam. 5—New¬ ton county Female seminary incorporated, 1833, pam. 23, 26—Yellow river academy incorporated, 1833, pam. 26—Georgia conference manual labor school incorporated, 1834, pam. 150—Prospect academy incorporated., 1820, vol. iv. 6 ; 1824, vol.iv. 25—Arthur academy incorporated, 1826, vol. iv. 35—Mount Pleasant academy incorporated, 1830, pam. 17—Trustees of Little river academy incorporated, 1836, pam. 13 ; but not entitled to any of the academic fund, nor to any of the poor school fund except for children resident in the county, ib, 17—Trustees of Harmony academy in¬ corporated, ib. 16—Trustees with the usual powers appointed for Hightower Trail academy, ib. 18. Elections and Districts. Elections to be held at the court house in Covington ; at Samuel Scott's in Capt. Bolton's district; at the store house of Samuel Catlin in Capt. Hudson's district; at Ethan Brewer's in Capt. Wright's district; and at the house of Thomas Stanford in the 547th militia district, 1830, pam 91; At Robert Leek's store house ; at John Thomason's ; and at James E. Todd's,"1831, pam. 126 ; Removed from the house of Samuel Scott to that of Early Greathouse, 1833, pam. 98 ; Changed from the house of Early Greathouse in the 476th militia district to the store of M. and J. Warren in the same district, 1835, pam. 83. Disposal of the State's interest in public lands, 1823, vol. iv. 274 ; 1824, vol. iv. 321; 1825, vol. iv. 258, 324, 328 ; 1825, vol. iv. 261, 262,333; 1827, vol. iv. 236, 337 ; 1828, vol. iv. 271, 272 ; 1830, pam. 171. Cole's milldam in the Alcovahatchee, 1821, vol. iv. 309. Whatley's milldam in the Alcovahatchee, 1822, vol. iv. 311. Shackleford's milldam across the same river, 1827, vol. iv. 359. Covington. Incorporated, 1822, vol. iv. 441; Corporate limits extended, 1825, vol, iv. 463 ; As to the election of commissioners, 1832, pam. 195 ; Commissioners authorized to appropriate town funds for town purposes, 1835, pam. 62. LOCAL ACTS SINCE 1836. Academies. Starsville academy ; trustees appointed, 1837, pam. 4—Farmers' do. do. 1837, pam. 4—Rock Dale do. incorporated, 1838, pam. 5—Oxford female incorporated, 1840, pam. 7. Elections. To compensate justices, pam. 101. Precinct changed from J. Thomaston's to Mayberry's store, and from E. Brewer's to C. Brewer's store, 1839, pam. 178—From Sheffield, 1841, pam. 91—From A. Summers' to H. Guthrie's, 1843, pam. 48—From H. Guthrie's to W. P. Bagby's, 1845, pam. 92. Jurors. Grand and petit compensated, 1837, pam. 162—Repealed as to grand and changed as to petit, 1843, pam. 129. Courts. Ordinary authorized to sit 18 Nov. 1839, 1839, pam. 48. iAncs. Changed so as include Reuben Lawson in Jasper, 1839, pam. 33—John S. Means added from Walton, 1840, pam. 36—Act of 1834 repealed, 1840, pam. 39—No. 16 in 11th district added to Henry, 1841, pam. 62—Repealed, 1843, pain. 29—Act of 1340 rapeaied, 1841, pam. 64—Lines dividing from Jasper and Walton changed, 1842, pam. 62, 63 ; 1S47, pam. 70; 1850, pam. 131, 132, 133. Towns. Oxford incorporated, 1839, pam. 79. Volunteers. Independent horse company incorporated, 1842, pam. 125. OGLETHORPE COUNTY. Laid out, 1793, vol. i. 166—Part taken from Greene, 1794, vol. i. 173—Parts of Oglethorpe add¬ ed to Greene and parts of Greene to Oglethorpe, Feb. and Nov. 1799, vol. i. 176—Part set off to Madison, 1811, vol. iii. 181—A portion taken from Clarke, 1813, vol. iii. 200—Part setoff to Talia¬ ferro, 1825, vol. iv. 129—Part added to Madison, 1831, pam. 79. Churches incorporated. Baptist church at Salem, 1S20, vol- iv. 101—Presbyterian church in Lex¬ ington, 1827, vol.iv. 108—Methodist church in Lexington, 1827, vol. iv. 108. Academies. Name of county academy changed to Meson and incorporated, 1807, vol. ii. 387— Prospect academy incorporated, 1820, vol. iv. 6—Herman seminary incorporated, 1821, vol. iv. 8. .—Incorporated academics of Oglethorpe allowed their full dividend of academy funds, 1824, vol. iv. 25—Arthur academy incorporate*!, 1826, vol. iv. 35—Mount Pleasant academy incorporated, 1830, pam. 16—Cherokee corner academy incorporated, 1833, pam- 25. Inferior court authorized to purchase negroes for the improvement of the roads, 1330, pam 196. 1192 LOCAL ACTS. Election precinct established at the Goose ponds, 1835, pain. 86. Advertisements by sheriffs, 1820, vol. iv. 402. Extra taxes, 1810, vol. iii. .027; 1820, vol. iv. 418; 1821, vol. iv. 421. Deadwiler's ferry at tire junction of the north and south forks of Broad river, 1831, pam. 55. Oliver's (formerly Webb's) ferry across Broad river, 1886, pam. 131. Lexington, 1703. vol. i. 160; 1806, vol. ii. 807; 1807, vol. ii. 400; 1316, vol. iii. 1037—All acts of incorporation, ifcc. repealed, 1826, vol. iv. 460. LOCAL ACTS SIXCT5 1886. Elections. Precinct established at Elbert Hardeman's, 1837, pam. 108—Moses Wright's and Ar¬ nold's store, 1838—At Maxey's, 1841, pam. 88. Changed from G. W. O'Keliy's to E. Hardeman's, 1839, pam. 177. Asylum. For the poor, established, 1838, pant. 29. County Line. Dividing from Madison changed, 1841, pam. 67. Tax. Extra to build jail, 1840, pam. 183. rAULDIXG COUNTY. Laid out from Cherokee and organized, 1332, pam. 58. Public site to be determined by a general vote of the people, 1833, pam. 54—Act amendatory, 1334, pam. 74—Act of 1833 repealed, 1836, pam. 105. Academies and Free Schools. Pleasant Grove academy incorporated, 1833, pam. 18—County academy incorporated, 1833, pam. 22—County allowed to draw of poor school fund in proportion to its population, to be ascertained by census, 1833, pam. 43—Cedar town academy incorporated, 1S34, pam. 8—Two additional trustees appointed to Pleasant Grove academy, 1S34, pam. 13—Ap¬ propriation from the treasury of $815 to build an academy, 1835, pam. 16—Trustees appointed for Racoon creek academy, 1836, pam. IS—To receive all arrearages of the poor school fund, 1836, p. 9 of Res. Flections. Precincts established at the several places of justices' courts, 1832, pam. 8—Removed from Pleasant Grove to James It. Nettle's, and a new one established at the house of Michael S. Andrews, 1836, pam. 119. Majors and colonels to he elected at the election precincts, 1834, pain. 101. Sheriffs may advertise in any gazette in Milledgevilie, Macon or Columbus, 1834, pam. 220—Or hi the Recorder and Spy in Auraria, 1834, pam. 222. Acts of (lie Sheriff while informally qualified, made valid, 1834, pam. 223. Paulding county to collect and receive the taxes of residents given in before Cherokee was di vidod, 1838. pam. 283. Costs on indictments of Cherokccs to be audited by the judge of the superior court, 1835, pam. 79. Grand and petit jurors, to be drawn on tlic first Monday in January, or within 60 days thereafter, 1835, pam. 139. Sale of the State's moiety of fraudulent draws, 1836, pam. 136. LOCAL ACTS SI MSB 1836. r Lines. Part added to Floyd and Carroll, 1847, pam. CS,—And Cobb, page, 70; 1850, pam. 136— John Low added, 1850, pam. 132. Academies. Williams academy incorporated, 1838, pam. 14—Additional trustees appointed, 1139, pam. 4—Certain acts of commissioners legalized, 1841, pam. 86—Cedar Valley do.— Trustees appointed, 1842, pam. 4. Elections. To compensate justices, pam. 101. Precinct changed from 839fth distinct to lot No. 698, 1843, para. 51—Established at court g-ound 839th district, 1847, pam. 99. Tax Collector. Authorized to collect previous taxes, 1837, pam. 74—Office consolidated with re¬ ceivers, 1837, pam. 73—Proviso repealed, 1842, pam. 168. Lnsolvcnt List. Inferior court to examine, 1845, pam. 195. Public Site. Made permanent at Van Wert and incorporated, 1838, pam. 75. Poor Schools. Appointment of commissioners legalized, 1841, pam. 86. Jurors. Grand and petit compensated, 1839, pam. 72—Repealed, 1843, pam. 128. Tax. Except collected in 1839 to be refunded, 1839, pam. 220. Sheriffs' Bonds. $10,000, 1843, pam. 34. PIKE COUNTY. Laid out,U822, vol. iv, 121—Part set off to Upson, 1824, vol. iv, 126—Part taken from Upson, 1825, vol. iv, 130. Organized, 1822, vol. iv, 123—Reorganized after Upson laid off, 1824, vol. iv, 127. Public Site and Buildings. Located at Newnan, 1823, vol. iv, 450—Inferior court authorized to purchase a lot for public site, 124, vol. iv, 1827—Permanently located at Zebulon, 1325, vol. iv, 465. LOCAL ACTS. 1193 Academies. Zebulon academy incorporated, 1825, vol. iv, 27—Pike to receive its share of the Poor school fund, 13:12, pam. 231—Union academy incorporated, 1334, pam. - regulations, 1850, pam. 155. Insolvent List. Inferior to court examine, 1845, pam. 195. Road Laws. Warners appointed, 1840, pam. 169. Militia Districts. Inferior court not to lay out, 1847, pam. 223. RANDOLPH COUNTY. Laid out from Lee,1828, vol. iv 138—Partsetoffto Stewart, 1830,pam. 49—Alot added to Stew¬ art, 1831, pam. 72—Act repealed, 1833, pam. 52. County organized, 1828, voL iv. 241. Randolph Academy incorporated, 1829, vol- iv. 57—Additional trustees appointed, 1831, pam. 12, Public buildings located at Lumpkin, 1830, pam. 220—Made permanent at Cuthbert, 1831, pam. 79; 1834, pam. 264. Elections and districts. Elections to be held in Captains Moore's, Mosley's, Parker's, and Watley's districts, and at the county court-house, 1829, vol. iv. 184—At the house of Joseph Thompson, 1830, pam. 89—At Tilman S. White's, 1831, pam. 27—Duty and pay of one of the justices in consolidating returns, 1833, pam. 89—Elections to be held at all the justices' court¬ houses, and to move with them if they are removed, 1833, pam. 98. Tax receivers' and collectors' books for 1832 to be corrected, and overpayments to be refunded to the people, 1833, pam. 313. Trustees of Baptist Church in Cuthbert appointed, 1831, pam. 64. Sheriffs' bonds reduced to $10,000, 1829, vol. iv. 408. Proceeds of lots sold in Lumpkin to be paid over to Stewart, 1831, pam. 79. Salisbury's ferry over the Chatahoochee, 1831, pam. 53. Lumpkin incorporated and made the public site, 1830, pam. 220. Cuthbert made the public site, 1831, pam. 79—Incorporated, and the public buildings permanent¬ ly located there, 1834, pam. 264. LOCAL ACTS SINCE 1836. Lines. Lot added from Baker, 1850, pam. 130. Academies. Cuthbert Academy, Trustees appointed, 1837, pain. 4—Union Academy, Trus¬ tees appointed, 1838, pam. 15—Trustees of county Academy to draw for arrearges of Poor school fund, 1838, pam. 19—Mount Gilead and Big Spring Academies incorporated, 1841, pam. iv. 8— County do. additional trustees, 1842, pam. 5—Eutaw and Autioch Academies incorporated, 1843, pam. 88, 89—Romunetion to John B. Sevell, 1845, pam. 88. Elections. Precincts established at T. Smith's, 1837, pam. 108.;, at S. A. P. Dean's, 1839, pam. 181; at court grounds in 947 and 998th dist's., 1842, pam. 78 ; at S. Grier's, 1845, pam. 94. Changed from J. Anderson's to A. Webb's, 1845, pam. 95; from Dearsville to Mobley's,. 1859, pam. Officers. To compensate Sheriff, 1837, pam. 72. Inferior court to examine insolvent list, 1845, pam. 195. Treasurer elected by the people, 1850, pam. 390. County Lines. Dividing from Baker, changed, 1841, pam. 67. Incorporations. Irwinton bridge co., 1837, pam. 139. Jurors. Grand and Petit compensated, 1837, pam. 162—Repealed 1845, pam. 149. Petit com¬ pensated. 1850, pam. 286. Volunteers. Georgia Guards incorporated, 1841, pam. 200. Churches. Benevolence, incorporated, 1843, pam. 74. New Hope Baptist, 1850, pam. 74. Camp-grounds. Shady Grove incorporated, 1843, pam. 118. Road Laws. Amended, 1845, pam. 186. Tax. Extra authorized, 1845, pam. 191. 11% LOCAL ACTS. RICHMOND COUNTY. Parish of St. Paul laid out, 1758, vol. i. 151—Parish of St., Paul made the county of Richmond, 1777, vol. i. 6—Part set oil to Columbia, 1790, vol. i. 190. Public buildings, 1784, vol. i. 153—Jail to be sold, and a new one erected, 1815, vol. iii. 217—Court house and lot lo be sold, and the site changed, 1818, vol. iii. 229—City council of Augusta ap¬ pointed commissioners of the court-house and jail, 1820, vol. iv. 428. Academies. Proceeds of lots iu Augusta vested in commissioners of Richmond academy, 1733, vol. i. 132—Authorized to sell more lots, and lease the common of Augusta, 1738, vol. i, 131—Ma¬ jority of trustees residing in Augusta to form a board, 1797, vol. i, 127—To receive the net pro¬ ceeds of the ferry at Augusta, 1800, vol. i, 240—Empowered to lay off and sell a range of lots on "Walker street, 1816, vol. iii, 14—Augusta Female Asylum incorporated, 1819, vol. iii, 853—Al¬ lowed to receive a building lot from the academy commissioners, 1820, vol. iv, 5—Augusta free school incorporated, 1821, vol. iv, 191—To receive $R000 annually out of the tax reserved to the county, 1824, vol. iv, 422—Sunmierville Female Institute incorporated, 1S86, pam. 13. Elections and districts. Elections to be held at the court-house in Augusta, and at Samuel C. Douglass', near Spring Hill, 1823, vol. iv, 158—To be held at four places, and no other, viz: at the City Hall in Augusta; at tiic place of justices' courts in the 121st and the 12ith military dis¬ tricts; and at the house of Thomas Newman, on the Milledgeville road, 1830, pain. 104—Duty and pay of justices in consolidating returns, 1833, pam. 89—At the house of Augustus F. Verdery, 1836, pam. 121—One superintendent from each precinct to be paid by the county $1.50 for consoli- datingthe returns, 1836, pam. 124. Roads, 1800, vol. i, 240; 1807, vol. ii, 394; 1809, vol. ii, 543; 1310, vol. ii, 653 ; 1812, vol. iii, 760— Inferior court invested with general powers as to roads aud bridges, 1318, vol. iii, 781; 1823, vol iv, 377—Jurisdiction of roads within three miles of Augusta resumed from the city council, aud restored to the inferior co irt, 1823, vol. iv, 315—Allowed to take earth,gravel, and other materials for repairs, 1826, vol. iv, 391—Permitted to purchase hands, tic. to work on roads, 1S30, pam. 52. Churches. Trustees of a Presbyterian meeting-house appointed, and to receive a lot in Augus¬ ta, 1796, vol. i, 136—A lot to the baptist society in Augusta, 1809, vol. ii, 526; 1817, vol. iii, 838 —Roman Catholic society in Augusta incorporated, 1811, vol. iii, 822—Lot iu Augusta to the trus¬ tees of Christ Church, aud the trustees incorporated, 1808, vol. ii, 464—Name changed to that of the "First Presbyterian Church iu Augusta," 1836, pam. 78—Protestant Episcopal society in Au¬ gusta incorporated, 1S1G, vol. iii, 836—Allowed a burying ground, 1818, vol. iii, 848—Act of in¬ corporation amended, 1819, vol. iii, 857—Churches iu Augusta generally may rent out part of their lots, 1818, vol. iii, 840—Harri.sburg Presbyterian Church incorporated, 1825, voi. iv, lu-f—Unitari¬ an society in Augusta incorporated, 1820, voi. iv. 106—Episcopal church allowed to sell part of a lot, 1820, vol. iv, ltifi—Roman Cathode society authorized to sell their church lot in Augusta, and purchase another, 1836, pam. 85 Militia laws altered as to Richmond county, 1824, vol. iv, 282; 1828, vol. iv, 235—Act for the encouragement of volunteers, 1830, pam. 153—Certain exemptions granted to the Richmond Hussars, 1830, pam. 183. Poor. Inferior court empowered to purchase 1C0 acres of land for maintaining and educating the poor, 1820, vol. iv, 293—Authorized to establish an asylum for the invalid poor, 1828, vol iv, 139. Act to regulate slaves and free persons of color in Richmond and Hancock, 1832, pam. 174. Juries. 60 grand and 72 petit jurors allowed to be drawn, 1826, vol. iv. 218. Lieu allowed to masons and carpenters in Richmond, 1827, vol. iv, 336 ; 1834, pam. 187—Sec¬ ond and 4th sections of the act amended, 1835, pam. 146. Augusta. Made the seat of the State government, 1780, vol. i, 319—Incorporated, 1798, vol. i, 136. Acts establishing and regulating its organization and police, 1783, vol. i, 132; 178G, vol. i, 134; 1795, vol. i, 124; 1796, vol i, 135; 1797, vol. i, 125; 1799, vol. i, 127 ; 1803, vol. ii, 141; 1809, vol. ii, 518, 526; 1814, vol. iii, 990 ; 1816, vol, iii, 15; j317, vol. jij, 992 ; 1820, yol. iv, 428 ; 1822, VoL iv, 210; 1829, vol. iv, 349; 1835, pam. 30; 1836, pam. 116. Courts. 1799, vol. i, 139; 1817, vol. iii, 093; 18t8, vol. iii, 1000; 1820, vol. iv, 428. Rents, 1814, vol. iii, 741; 1316, voi. iii, 743. ' Vendue Masters, 1794, vol. i, 570; 1797, vol. i, 572; 1813, vol. iii, 107Q ; 1819, vol, iii, 1073 ; 1820, vol. iv, 4 of lies.; 1826, vol. iv, 469; 1827, vol. iv, 472. Churches, 1808, vol. ii, 464; 1809, vol. ii, 526; 1813, vol. iii, 840; 1820, vol. iv, 183. Change bills, 1819, vol. iii, 111. Bridge, 1814, vol iii, 119; 1833, pam. 40—Upper bridge, 1834-, pain, 46. Flour inspection, 1814, voi. iii. 329. Lien on buildings to carpenters and masons, 1821, vol. iv, 807. Jurisdiction of council restricted to corporate limits, 1823, vol. iv, 316. Market-house and butchers' tax, 1829, vol. iv, 319. People of color, 1829, vol. iv, 414; 1836, pam. 118. Qualifications of voters, 1320, vol. iv. 428. Court-house and jail, 1820, vol. iv, 428. New market-house, 1825, vol. iv, 463. Act for the relief of butchers and venders of meat, 1829, vol. iv, 819—Act repealed, 1830, pam. 168. LOCAL ACTS. 1197 Retailers, 1820, vol. iv, 428; 1836 pam. 117. Lottery to build Masonic Hall, 1824, vol. iv, 456. City council authorized to negotiate a loan, 1825, vol. iv, 460. ' Independent Fire company incorporated, 1821, vol. iv, 481—Lottery for its benefit, 1830, pans. 208. _ • Mechanics' society incorporated, 1823, vol. iv. 447. Female asylum, 1819, vol. iii, 853 ; 1820, vol. iv, 5. Wharf company incorporated, 1819, vol. iii, 853. Free school incorporated, 1821, vol. iv, 191—To receive $1,000 annually out of the tax retained by the county, 1824, vol. iv, 422. Legionary corps, 1824, vol. iv, 282. Volunteer companies, 1828, vol. iv, 285. Fire compauy, 1828, vol. iv, 235. Theatre company incorporated, 1830, pam. 223. Beneficial society incorporated, 1830, pam. 207. Proprietors of the Eagle aud Phoenix hotel incorporated, 1833, pam. 103. Jurisdiction of justices of peace, of the 000th, 398th, 120th and 122d districts to extend over the whole corporate limits of Augusta, 1834, pam. 89. New district (No. 3;) qualification of mayor rescinded ; council may tax property of non-resi¬ dents; committing power of the city courts: vacancies of clerk or sheriff; quorum of council, 1335, pam. 30. Title to the south-east common vested in the city council, 1835, pam. 32. Medical college allowed to subscribe for one-sixth of the increased stock of the bank of Au¬ gusta, 183"), pain. 147. Fisli in Savannah river, 1812, vol. iii, 488; 1816, vol. iii, 516. City council authorized to pass ordinances to regulate and tax slaves and free colored persons, to hold stock and to negotiate loans; directed to retain the auction duties and pay the city judge's salary, and making members of the council ineligible to city offices, 1836, pam. 116. LOCAL ACTS SINCE 1836. Academies. Spirit creek academy incorporated, 1843, pam- 88. Camp Grounds. Trustees appointed for Richmond camp ground, 1837, pam. 57—Alexander Cunimigham to draw for arreaigesof poor school fund, 1838, panu 19. Churches. Piney Grove Baptist incorporated, 1840, pam. 83—1st Presbyterian authorized to hold land, 1850, para. 81. Elections.. Precinct changed from T. Newnan's to T. Conner's, 1839, pam. 1S2—From thence to the poor house, 1843, pam. 50. Insolvent List. Inferior court to examine, 1842, pam. 170. Officers. Act to compensate officers, 1839, pam. 176—Repealed, 1843, pam. 46—County tax to be collected, in specie funds, 1842, pam. 173. Militia. Laws changed as to Richmond, 1839, pam. 149. Tax. Extra authorized, 1840, pam. 179. Volunteers■ Clinch riflemen incorporated, 1840, pam. 174—Privileges of Augusta artillery, 1842, pam. 128—Of Richmond hussars, 1843, pam. 113. Augusta. Purchase of bridges by city council legalized, 1340, pam. 163—To amend the sever¬ al acts in relation to, 1837, pam. 58—Several acts incorporating amended, 1837, pam. 56—Law in relation to justices' courts altered, 1837, pam. 87—Acts in relation to amended; fire company ex¬ empted from jury duty; to regulate the fees of officers in certain .cases, and to authorize justices of the peace to require costs in advance, 1838, pam. 64—Several acts amended, 1841, pam. 45 ; 1842, pam. 49—Engine company No. 6; privileges, 1843, pam. 27—Authority of council as to ferries across the Savannah, tS45, pam. 64—Powers of mayor enlarged, 1847, pam. 25—Lien of taxes defined, 1847, pam. 26—Auctioneers' bonds $5,000, 1850, pam. 95. County Lines. Between it and Columbia to he surveyed, 1841, pam. 66—J. T. Rowland taken from Burke, 1841, pam. 69. District. Lines. To be surveyed and marked, 1843, pam. 217. Deer. Not to he killed in certain seasons, 1850, pam. 150. SCREVEN COUNTY. Laid out from Burke and Effingham, 1793, vol. i. 165—Part sot off to Bulloch, 1796, vol i. 169. Public Buildings, 1794, vol. i, 173—Confirmed at Jacksonhorough, 1799, vol. i. 177—Commis¬ sioners appointed to fix on a more central site, 1821, vol. iv, 303—Act repealed, 1822, vol. iv. 312 —Lottery for court-house and academy, 1830, pam. 221. Acad mie.s. Entitled on certain conditions to a full share of Academy funds deducting$459,50, 1825, vol. iv. 30—County academy incorporated, 1828, vol. iv. 55—Lottery for court-house and academy, 1830, 221. Elections to be held at the district grounds, 1825, vol. iv. 166. Jacksonhorough Methodist church incorporated, 1828, vol. iv. 109. Act for the encouragement of volunteer cavalry in the First division, 1822, vol. iv. 280. County funds may be loaned out by inferior court, 1831. pam 81. Land courts to be held on the first Monday in each month, 1832, pam. 121. 1198 LOCAL ACTS. Clerk's Offices. As to keeping them near the court house, 1804, vol. ii. 208 ; 1809, vol. ii. 529. Sheriffs bonds reduced to $10,000, 1829, vol. iv. 408. Act to regulate slaves, patrols, &c. in Scriven, 1831, pam. 226. Smith's Bridge over the Beaverdam, 1824, vol. iv, 385. Bridge at Jacksonborough to be let for toll to clear it of debt, 1833, pam. 41. Jacksonborough established on lands conveyed by Solomon Gross, Esq., 1799, voL i. 177—Courts to be held at, 1822, vol. iv, 312—Incorporated, 1823, vol. iv, 450. LOCAL ACTS SINCE 1336. Academies. Paris Hill, Trustees appointed, 1842, pam. 3—Trustees to control academy funds, 1842, pam. 8. Elections. Precincts established at all the court grounds and the inferior court granted power to alter, 1847, pam. 100—Repealed 1S49, pam. 168. Offices. Tax Collector and Receiver consolidated, 1837, pam. 73—Repealed. 1843, pam. 173. County Site Removal and location, 1845, pam. 78—Fixed at Sylvania, 1847, pam. 74. Jurors. Grand and petit compensated, 1837, pam. 162—Repealed 1842, pam. 117. Tax. Half of tax of 1840, given to countjr, 1850, pam. 381. Churches. Wade's meeting house incorporated, 1840, pam. 85—Little Ogeeche Baptist, 1843, pam. 79. Camp Ground. Beaverdam incorporated, 1842, pam. 48. Volunteers. "Scriven Troup," 1850, pam. 316. STEWART COUNTY. Laid out from Randolph, 1830, pam. 49—A lot taken from Randolph, 1831, pam. 72—Act repeal¬ ed, 1833, pam. 52. Public Buildings, 1830, pam. 89—Fixed at Lumpkin, 1831, pam. 73. Stewart academy incorporated, 1831, pam. 4—Academy fund to be paid to the commissioners, 1831, pam, 6—$815 from the State to build an academy, 1832, pam 12 ; 1834, pam. 14—Trustees of Pataula Male and Female Academy incorporated, 1836, pam. 13—Trustees of Hickory Grove Academy appointed, ibid, 19. Elections and Districts, 1830, pam. 89—Elections to be held at Galba Mathews' in the 25th dis¬ trict ; the town ofRoanoak ; and the county court house. 1831, pam. 126—Continued on lot No. 214 in the 25th notwithstandng the removal of Galba Mathews, 1833, pam. 97—At the house of Turner Evans, 1834, pam. 107—Pay for carrying to the court house the returns from the precincts, 1834, pam. 111. Inferior courts may grant settlement roads or cartways, 1833, pam. 303. Lot No. 220 in the 22d district directed to be sold, 1831, pam. 146. To collect from T. P. Helton the tax of 1831, 1833, pam. 310. Tax collectors and people relieved against overpayments of 25 per cent, of the State tax, 1832, pam. 186. Acts of Marmaduke Gresham, clerk of superior court, legalized, 1832, pam. 108. Proceeds of lots sold in Lumpkin to be paid over to Stewart, 1831, pam. 70. McLeod's ferry across the Chattahoochee, 1831, pam. 54. Matthis' ferry across the Chattahoochee, 1834, pam. 124. Lumpkin incorporated and made the county site, 1831, pam. 73. Roanoak incorporated, 1832, pam. 196. LOCAL ACTS SINCE 1836. Academics. Pataula Male and Female incorporated, 1337, pam. 17—Indian Dam, do. Trustees appointed, 1837, pam. 7—Van Wirt, do. Trustees appointed, 1837, pam. 3—Florence do. Trustees appointed, 1837, pam. 4—Florence Female incorporated, 1838, pam. 4—Centreville academy, Trustees appointed, 1838, pam. 7—Farmer's and Pleasant Valley academies incorporated, 1839, pam. 6 and 7—Searville and Sugar Maple do. incorporated, 1840, pam. 14—Lumpkin Independent academy company incorporated, 1842, pam. 9—Remuneration to Samuel Adams, 1845, pam. 89. Elections. Precinct changed from lioanoak to Florence, 1838, pam. 99—At B. Miller's and Jno. Langford's 1839, pam. 180—At Jas. Harrison's and Western X Roads. 185 0, pam. 164—At law ground in 24th district, 1850, pam. 167. Abolished at Langford's and at Miller's, 1840, pam. 66 ; at J C. Gwin's, 1843, p. 50. Established at court ground, 802d dist. and J. C. Quinn's store, 1841, pam. 88, 91; M. S. Booth's 23d dist. 1847, pam. 97. Treasurer, elected by people, 1850, pam. 390. Florence. Incorporated, 1837, pam. 264—Repealed, 1847, pam. 32. Insolvent List. Inferior court to examine, 1842, pam. 170. Jurors. Two pannels authorized, 1840. pam 42. Volunteers. " Lumpkin Guards," incorporated, 1850, pam. 311. Churches and Camp Ground. United Baptist at Summer Hill, incorporated, 1842, pam, 47. Lumpkin. Charter amended, 1850, pam. 98. LOCAL ACTS. 1199 SUMTER COUNTY. Laid out from Lee, 1831, pam. 76—Line defined between Sumter and Marion, 1832, pam. 51. Public buildings made permanent at Americus, 1832, pam. 191. Academies. $815 allowed to build a county academy, 1832, pam. 12—Teachers of poor schools to be examined by the inferior court, 1832, pam. 54—County academy at Americus incorporated, 1833, pam. 10 ; Pond Town acadamy incorporated, 1833, pam. 18—Trustees of the Poor school fund authorized to loan it out on interest, 1833, pam. 231—Four additional trustees appointed to the county academy, 1834, pam. 14—New trustees appointed to the county academy at Americus, 1835, pam. 3. |' Elections and Districts. Elections to be held at the house of Sidney Smith ; ITorton & Harris' store substituted for D. W. Mann's, 1832, pam. 77—To be held at Danville instead of the house of Hortense Anna Smith, 1834, pam. 107. Sumter to receive from Lee, a due proportion of the tax of 1830 and 1831, 1833, pam. 314. Clerks' offices to be kept within a mile of the court house, 1832, pam. 49. Pond Town Camp Ground incorporated, 1833, pam. 45. Americus incorporated and made the county site, 1832, pam. 191. Danville incorporated, 1835, pam. 67. LOCAL ACTS SINCE 1836. Academies. Farmers' incorporated, 1842, pam. 5—Line creek do. incorporated, 1843, pam. 76. Elections. Precinct established atE. F. Walker's, 1837, pam. 108—Also at Ansel Ashtel's, ibid. Abolished 1843, pam. 50 ; at court ground, 759th dist. 1845, pam. 94. Polls to be closed at 5 P. M. 1850, pam. 163. Churches and Camp Grounds. Americus camp ground incorporated, 1840, pam. 85. ' Line. Straight between S. and Lee, 1841, pam. 68—Part added to Marion, 1850, pam. 137. ' Officers. Tax Receiver and Collector consolidated, 1841, pam. 75—Repealed, 1847, pam. 291— Sheriff1 s bond $10,000, 1845, pam. 190. Road Laws. Warners to be appointed, 1841, pam. 183. Volunteers. Sumter cavalry, 1850, pam. 316. TALBOT COUNTY. Laid out, 1827, vol. iv. 137—Part added to Crawford, 1827, vol. iv. 136—Line defined between Talbot and Marion, 1832, pam. 50. Public buildings permantly located at Talbotton, 1828, vol. iv. 473. County organized, 1827, vol. iv. 135. Academies. Washington Academy incorporated, 1828, vol. iv. 53—Centerville Academy incor¬ porated, 1330, pam. 8—Talbotton Female Academy incorporated, 1830, pam. 8—Oak Ridge Aca¬ demy incorporated, 1831, pam. 14—Trustees appointed for Mount Pleasant Academy, 1832, pam. 4—For Jackson Academy, 1832, pam. 4—Union Academy incorporated, 1833, pam. 24—Two ad¬ ditional trustees appointed to Centreville Academy, 1833, pam. 26—Valley Grove Academy incor¬ porated, 1835, pam 11—Planter's Academy incorporated, ibid—Prattsburg Academy incorporated, ibid—Marion Academy incorporated, 1836, pam. 14. General Elections and Districts. Elections to be held at the county court-house; at Wm. Cor- mack's, the place of justices' courts in Capt. McMichael's district; and at the house of Robert Duncan on lot No. 235 in the 22d Land district, 1828, vol. iv. 176—At the justice's court-ground in Capt. Dupree's district; at the house of Gardner H. Davis on lot No. 101 in the loth; at the house of Wm. Rushin on No. 135 in the 24th; andatthehouse of Caleb M. Norwood in Capt. Young's district, 1831, pam. 128—Elections at the justices' court-house in Capt. Mi-Michael's dis¬ trict discontinued, 1881, pam. 129—Established at the house of David Murtford on lot No. 108 in the 14th, 1833, pam. 97—Removed from the house of Robert Duncan to that of George Pierce, 1833, pam. 98—Duty and pay of justices in consolidating returns from the precincts, 1835, pam. 88.* Roads. An island in Flint River vested in the inferior court for keeping up the road from Thomaston to Columbus, 1830, pam. 151—People exempted from working on roads within half a mile of ferry landings on the Flint, 1332, pam. 162—Inferior court may grant settlement roads or cartways, 1833, pam. 303. • Disposal of the State's interest in lands, &e„ 1828, vol. iv. 267; 1831, pam. 147. Talbotton Southern Spies incorporated, 1833, pam. 134 Sheriffs allowed to advertise in Milledgeville, 1832, pam. 169. Asylum for the poor may be established by the inferior court, 1834, pam. 40; 1835, pam. 23. Town's bridge over the Flint, 1834,, pam. 149. ■ Cantalou's ferry across the Flint, 1835, pam 130. Talbotton incorporated and made the county site, 1828, vol. iv. 473—Made subject to the civil jurisdiction of the justices of the district, 1836, pam. 276. Centreville incorporated, 1833, pam. 334. LOCAL ACTS SINCE 1836. Academies and Churches. Trustees appointed for Mount Jackson. Oak Ridge and Franklin Academies, 1847, pam. 6—Church (Baptist) at Talbotton incorporated, 1837, pam. 49—Pollings- 1200 LOCAL ACTS. worth,Institute incorporated, 1338, pam. 152—Union Academy, incorporated, 1838, pain. 1—Mount Pleasant Grove Academy, trustees appointed, 1838, pam. 9—Dion do. incorporated, 1833, pum. 9— Belle Viie do., Trustees appointed, 1838, pam. 7— Central, Bower, and Farmer's Academies incor¬ porated, 1839, pam. 4 and 5—Sweet Spring Academy trustees appointed, 18-12, pam. 3—Tabotton Female, additional trustees. 1842, pam. 11—Male school incorporated, 1843.pam. 88—Collingsworth Institute charier amended 1843, pam. 93—Liberty Ilill Baptist church, 1840, pam. 85—Ccntreville male and female academies incorporated, 1S50, pam. 20, 34. Elections. Precinct established at Thomas G. Beech's, and Wm. Barns, 1837, pam. 108—at Jno. Buckner's, 1839, pam. 180—at P. A. Hall's, 1841, pam. 90—at MeCants mills, and abolished at Montford's and Hall's, 1850, pain. 170. Precinct changed from Itushin's to Liberty Hill, 1838, pam. 93—from II. A. Hall's and S. Mem- ford's to R. Carsons, 1840, pam. 75—changed back, 18-41, pam. 90—from Barnes' to Geneva, 1845, pam. 93. Jurors. Grand and Petit compensated, 1837, pam. 102—two pannels authorized, 1840, pam. 42—act of 1837 repealed, 1841, pam. 148. Talbotton. Corporate limits extended, 1840, pam. 110; 1850, pam. 94. lload Laws. Act repealed as to roads leading to Flint river. 1837, pam. 244. Camp-grounds. Fountain Spring incorporated, 1850, pam. 67. County Lines. Part of Muscogee added, 1847, pam. 64—part of Marion added, 1847, pam. 68— parts of Macon, Harris, Marion and Crawford, added, 1850, pain. 131, 138. Officers. Clerks of Superior and Inferior courts, consolidated, 1850, pam. 69. Volunteers. Talbot Guards incorporated, 1841, pam. 200; amended, 1845, pam. 147. TALIAFERRO COUNTY. Laid out from "Wilkes, Warren, Hancock, Green and Oglethorpe, 1825, vol. iv. 129—Part taken from Hancock, 1823, voL iv. 137—Part taken from Wilkes, 1828, vol. iv. 138—More taken from Wilkes, 1835, pam. 71. Organized, 1825, vol.iv. 129. Census directed to be taken, 1826, vol. iv. 40. Payment of taxes by persons set off to Tallaiferro, 1826, vol. iv. 133. Academies and Free Schools. Crawfonlsville Academy incorporated, 1826, vol. iv. 33—All fines, forfeitures, Ac. accruing in the county, vested in trustee of Poor school fund, 1835, pam. 100. Elections. Raytowu to continue as a precinct, making its returns to Taliaferro court-house, 1835, pam. 72. Taliaferro Guards incorporated, 1831, pam. 154. Crawfordsville incorporated, 1826, vol. iv. 467—Act of incorporation revived, 1332, pam. 197— Inhabitants exempted from ordinary road duty, 1835, pam. 61.+ Sheriff may advertise either in Milledgeville or in some gazotte of the circuit; previous adver¬ tisements made valid, 1328, vol. iv. 312. LOCAL ACTS SINCE 1836. Academies. Raytown Academy, trustees appointed, 1837, pam. 5—power to contract, 1837, pam. 9—South Liberty and Ebenezer Academics, trustees appointed, 1838, pam. 8—Fairfield Aca¬ demy, trustees appointed, 1838, pam. 9 and 10. Elections. Precinct established at W. T. Fluker's, 1845, pam. 92—removed to court ground, 1847, pam. 97. Officers. Sheriff to receive thirty-seven and a half cents for summoning each Juror, 1338, pam. 219. Crawfordsville. Charter revived, 1850, pam. 101. Line, A. Darden taken from Warren, 1841, pam. 69—Line dividing from Warren and Hancock defined, 1850, pam. 13, 4. TATNALL COUNTY. Laid out from Montgomery, 1801, vol. ii, 34—Line between Tattnall and Montgomery, 1802, vol* ii, 676 ; 1803, vol ii, 175 ; 1809, vol. ii, 689 ; 1810, vol. ii, 616 ; 1811, vol.iii, 189—Portions added to Montgomery, 1812, vol. iii, 200; 1814, vol.iii, 209. Public Buildings. Commissioners to fix the site, 1804, vol. ii, 210; 1806, vol. ii, 300; 1822, voL iv, 312 ; 1828, vol. iv, 478—Permanently located at Ileidsville, 1832, pam. 48. Academies and Free Schools. Academic fund added to the Poor school fund, 1826, vol. iv, 32— Trustees of the Poor school fund to judge of applications without reference to taxes paid by parents, 1327, vol. iv, 44—Trustees may loan out the Poor school fund, 1832, pam. 11—Shall give bond and entitled to 12£ per cent, on the interest of loans, 1833, pam. 230—Overcharge against the county of $504, 70£ on account of confiscated property corrected : and allowed to draw its full share of acad¬ emy fund, 1834, pam. 278—Erasmus Hall Academy incorporated, and the act blending the Academ¬ ic and Poor school fund repealed, 1835, pam. 12—The act of 1835 repealed as to Tattnall, 1836, pam. 4—Trustees of Poor school fund authorized to pay teachers, not annually as under the gen¬ eral law of 1834, but at any time, 1835, pam. 175. Elections and Districts, 1801, vol. ii, 674—Elections to be held at the court house, and at the place of justices' courts in each captain's district, 1826, vol. iv, 163—One magistrate or freeholder *Pike and Union are also mentioned in the title, but omitted in the body of the act. f The act referred to by this act of 1835, is 1833 instead of 1382 the true date. LOCAL ACTS. 1201 may carry up returns and consolidate at the court house, 1326, vol. iv, 188—Elections to he held at or near the mill of A. d. Strickland and at the county courthouse, 1827, vol, iv, 178—'All elec¬ tions to be held at the court house, 1829, vol. iv, 185—Elections to be held at the house of M. and A. Smith, in capt. Carpenter's district; at the house of E. Clifton, in captain Sharp's district; at the house of Iloratio Cobb in captain Wright's ; at the club-house in Tippen's ; at the house of John DeLoach in Durcncy's, and at the club-house in Strickland's district, 1332, pam. 77—Pay for car¬ rying up the returns from the precincts. 1834, pam. 112, II jack. Tattnall excepted from the operation of the road act of 1812, vol. iii, 760—Road laws amended as to Tattnall and several other counties, 1816, vol. iii, 777—Public roads in Tattnall, 20 feet, and causeways 12 feet wide, 1821, vol iv. 339. Sheriff's advertisements required to be in one of the Milledgeville or Savannah papers, 1810, voL ii, 617. Extra taxes, 1804, vol. ii, 210 ; 1803, vol. ii, 300. Act for the encouragement of volunteer cavalry in the first division, 1822, vol. if, 280, Duke's ferry across the Ohoopie ; and rates fixed for all ferries across that river in Tattnall County, 1336, pam. 132. Ferriage not to be paid by persons crossing the Ohoopie at the court house on public business, 1827, voL.iv, 339. ■ Clerks shall keep their offices within a mile of the court house, 1827, vol. iv, 111. Sheriff1 's bonds reduced to $5,000, 1828, vol. iv, 407. Pleasant Grove Camp ground incorporated, 1833, pam. 44. Carter's ferry and the ferry at Berry Hill bluff across the Aitamaha, 1820, vol. iv, 362; 1821. vol. iv, 868; Kemp's ferry across the Aitamaha, 1824, vol. iv, 333; Edward's bridge o ver the Canoochee, 1821, vol. iv, 388—Coilin's mill-dam in the Ohoopie, 1831, pam. 49—Nale's and Sapp's ferry across the Aitamaha, 1834, pam. 121. Reidsville made the county site, 1832, pam. 48. LOCAI. ACTS SINCE 1836. Elections. Precincts changed from captain Strickland's club-house to captain Southwell's club¬ house, 1837, pam. 108 ; from D. Barnard's to D. II. Edwards', 1841, pam. 92. Ohoopie River. Inferior court authorized to fix the rates of ferriage, 1841, pam. 190. Lines. Between Liberty and Tattnall changed, 1837, pam. 68; Dividing from Montgomery changed, 1841, pam. 67. Officers. Tax Collector and Receiver, consolidated, 1837, pam. 75 ; Repealed 1345, pam. 196. Insolvent List. Inferior court to allow, 1817, pam. 291. Jurors. Grand and petit to receive $ 1. per day and extra tax to he levied for that purpose, 1838, pam. 110 ; Extra tax repealed, 1839, pam. 74. Churches. Beards Creek Baptist incorporated, 1842, pam. 42 ; Concord, 1850, pam. 78. Reidsvil'e. Incorporated, 1838, pam. 123; Town lots laid off, 1842, pam. 178. Road Laws. To alter and amend, 1837, pam. 234; Inferior court to fix rates of ferriage, 1841, pam. 190. Volunteers. Tattnall G uards furnished with arms, 1842, pam. 126. TELFAIR COUNTY. Laid out, 1807, vol. ii, 357—Part added to Montgomery, 1812, vol. iii, 200—Parts taken from Appling, 1819, vol. iii, 234; 1825, vol. iv, 130—Portions added to Montgomery, 1820, vol. iv. 117 ; 1833, pam. 55. Pab.ic site. Temporarily at John Patterson's, 1808, vol. ii, 492—AtMarkPregon's, and the in¬ ferior court to select a site in the 8th district on the Ocmulgee, 1810, vol. ii, 603—Permanently lo¬ cated onlotNo. 79 in the 8th, 1811, vol. iii, 180—Actof 1811 repealed and inferior court authorized to purchase a site within two miles of the centre of the county or near the Ocmulgee, 1812, vol. iii, 196—Site fixed on No. 340 in the 8th (now Jacksonville,) 1813, vol. iii, 203 ; 1814, vol. iii, 212. Academies and Free Schools. County academy incorporated, 1823, vol. iv, 18—Academy funds added to the Free school fund. 1825, vol. iv. 29—Act of 1825 repealed, 1831, pam. 9—Poor school fund may be loaned out, 1831, pam. 11—Teachers of poor children to be examined by the inferior court, 1834, pam. 168—Justices of the inferior court may appoint five persons to examine teachers, 1835, pam. 177. Elections and Districts. Elections to be held at the court house; at John Campbell's in Wilson's district; at Duncan McRae's in Robinson's district; at Smith's old place in Dean's district; and at John W. Lee's in Mitchell's district, 1823, vol. iv, 157—At the place of justices' courts in each captain's district, 1825, vol iv, 163—At the house of Daniel. Lotts, 1819, vol. iv. 186—Two dollars allowed to one of the presiding magistrates from each district for attending at the court house to consolidate the returns, 1831, pam. 89; Removed from John W. Lee's to James Ryall's, 1833, pam. 93—Removed from Duncan McRae's to Archibald Campbell's, 1834, pam. 107. Roads. Telfair excepted out of a general road act, 1812, vol. iii, 760—Justices of peace shall act as road commissioners, 1831, pam. 211—Inferior court to pay ferriage of persons crossing Oco¬ nee on public business, 1822, vol. iv, 312 ; 1833, pam. 290. Drawing juries, 1809, vol ii, 540; 1810, vol. ii, 610. Extra taxes, 1816, vol. iii, 910; i.818, vol. iii, 921. 151 1202 LOCAL ACTS. Disposal of fractions and of lots No. 10 and 100, 1820, vol. iv, 244; 1821,vol.iv, 250, 251; 1824, vol. iv, 321; 1825, vol. iv, 324, 328; 1826, vol. iv, 262; 1827, vol. iv, 337 ; 1828, vol. iv, 272. Clerk's offices, 1811, vol. iii, 135—Shall be kept within three mile s of the court house, 1328, voL iv, 115. Swain's ferry over the Ocmulgce, 1831, pam. 53. Hubbard's floating machine on the Ocmulgee, 1832, pam. 165. Jacksonville, 1813, vol. iii, 203; 1814, vol. iii, 212—Incorporated, 1815, vol. iii, 1015—Named, ib. and 1815, vol. iii, 1161. LOCAL ACTS SINCE 1836. Academies. Jacksonville academy incorporated, 1841, pam. 6—Commissioners to pay such ac¬ counts as they think proper, 1842, pam. 137. Elections. Precinct established at justices' court grounds, 1839, pam. 181. Changed to the several court grounds, 1839, pam. 174 ; in 337th dist. 1850, pam. 168. Officers. Tax collector and receiver consolidated, 1837, pam. 72; Repealed, 1843, pam. 173— Sheriff 's bond $10,000, 1850, pam. 63 ; May advertise in Milledgeville, Macon, or Albany, 1850, pam. 371. Insolvent List. Inferior oourt to examine and allow, 1845, pam. 193. Jurors. Grand and petit compensated, 1837, pam. 162—Repealed as to grand, 1840, pam. 118. Poor School. Accounts, how paid, 1842, pam. 137. Lines. Dividing from Ware, to be run and marked, 1845, pam. 75; Changed and part added to Appling, 1847, pam. 69; Part of Appling, Montgomery, and Ware added, 1850, pam. 128; Part a'dded to Ware, 1850, pam. 136. THOMAS COUNTY. Laid out from Decatur and Irwin, and organized, 1825, vol. iv, 128—Part taken from Lowndes, 1826, vol. iv, 135. Public site, 1825, vol. iv, 128—Located at Thomasville, 1826, vol. iv. 463. Academies and Free Schools. Thomasville academy incorporated, 1830, pam. 18—The county al¬ lowed its distributive share of the poor school fund, Res. of 1833, pam. 374. Census directed to be taken, 1826, vol. iv, 40. Flections and Districts. Elections to be held at the house of Charles Kingley, 1825, vol. iv, 123 —At the house of "William Coggins, 1832, pam. 76—Duty and compensation of one of the justices in consolidating returns, 1833—pam. 89—Elections to be held at the justices' court-house in the 754th militia district, and at John Sloane's in the 8th land district, 1833, pam. 98—At the house of Benjamin Womack in Jones's district, 1834, pam. 103—At the house of Benjamin Womack, 1334, pam. 107—At William Montford's, 1836, pam. 119. Returns and taxes in arrear to be received, 1827, vol. iv, 424. Disposal of the State's iuterest in public lands ; to sell lots No. 10 and 100, and all other lands owned by the State, 1833, pam. 13; 1835, pam. 241—Sheriffs' fees, 1836, p. 13 of Res. Thomas county to receive its proportion of the county tax of Irwin and Decatur, 1826, vol. iv, 134. Thomasville made the public site, 1826, vol. iv, 468—Incorporated, 1831, pam. 227—Act of in¬ corporation amended, 1832, pam. 203. LOCAL ACTS SINCE 1836. Lines. Dividing from Baker, changed, 1850, pam. 133. Academies. Thomasville; trustees appointed, 1847, pam. 14. Elections. Precinct established at court ground in captain Cooper's district, 184-2, pam. 78—Chang¬ ed from 763d district to law ground, 1850, pam. 164, 165—Changed from B. Womack's to lot 370, 1847, pam. 98. Courts. Adjournment superior court legalized, 1840, pam. 45. Jurors. To compensate grand and petit, 1837, pam. 156—Repealed as to grand, 1850, pam. 291. Thomasville. Charter revived, 1847, pam. 30—Plat of town to be recorded, 1847, pam. 34. Sheriff. To sell certain fractions, 1839, pam. 40—Amended, 1340, pam. 49—May serve writs 15 days before court, 1842, pain. 163. Tax. Extra authorized, 1847, pam. 285. Tax Collector and Receiver. Consolidated, 1839, pam. 45—Repealed, 1350, pam. 387. Road Laws. Act of 1826 repealed, 1847, pam. 276. TROUP COUNTY. Laid out, 1826, vol.iv, 132—Part set off to Meriwether andHarris, 1827,vol. iv, 137; Part set off to Heard, 1830. pam. 48. Organized, 1826, vol. iv, 132; 1827, vol. iv, 135. Census directed to be taken, 1826, vol. iv, 40. Disposal of the State's interest in public lands, 1326, vol. iv, 263; 1827, vol. iv, 265, 340; 1828, vol. iv, 267 ; 1831, pam. 147. Public buildings made permanent at LaGrange, 1828, vol. iv. 474. LOCAL ACTS, 1203 Academies. County academy incorporated, 1827, vol. iv. 42—Yernon academy incorporated, 1829, vol. iv, 57—Franklin academy incorporated, 1830, pam. 21—May be placed on lot. No. 283, 1831, pam. 234—Name changed to that of "West Point, 1832, pam. 204—La Grange Female acad¬ emy incorporated, 1831, pam. 4—All fines and forfeitures of the county to be paid to'the trus¬ tee of the poor school fund, 1835, pam. 100. Elections and Districts. Elections to be held at the places of justices' courts in the 14th dist. 1828, vol.iv, 176—At Pitt'sstore in the 15th, 1830, pam. 87—At the house of Samuel Thompson, infhe 3d district; at the house of L Gilleland in the 12th; and at the house of Peter Dudley in the 5th, 1830, pam. 112—Elections removed to the house of Taylor Whatley in the 3d; and es¬ tablished at John Bassett's in the 14th, 1832, pam. 77—Transferred from L Gilleland's to Posey Johnson's in the 12th, 1832, pam. 79—Elections in the precinct composed of the 14th and 15th- districts, changed to the store-house of J H Goss anc/e. FOREIGN EXR'S ADM'RS AND GUAR'S, See Executors, administrators, Ac. 98; Guardians,42, 55 ; Lunatics, idiots,Ac. 12. FOREIGN TRADE. See Joint stock com¬ panies, 1. FORGERY. 1 Definition of, and kinds 800, 2 Punishment 800, FORNICATION. 1 Definition and punishment 2 Absolved by marriage FORSYTH COUNTY. 1 Acts relative to 1166 FORTHCOMING BOND. 1 All forthcoming bonds taken by an offi¬ cer, declared valid, and recoverable. ..534 2 Plaintiff in fi. fa. not to be affected by such bond, and the bond no excuse for officer 535 See Attachments-, Claims, 10; Illegality, 2; Sheriffst sales, 9.1 FRANKLIN COUNTY. 1 Acts relative to 1166 FRAUD. See. Insolvent debtors, 19; Rail¬ roads, 9. FRAUDS—STATUTE OF. 1 Statute r.t large 1127 unnecessary at public ; 514 .812 .813 .818 .813 .813 802 802 ,814 815 FRAUDULENT ASSIGNMENTS. 1 In trust for portion of creditors, void. ..168 2 Of judgments and executions 499 3 Of bank stock after judgment,. - - 512 4 Of assets of bank in contemplation of insolvency 797 5 To defraud creditors or purchasers, void, 1130 See Sheriffs, 48, 49 ; Slaves, 1; Tax, 43. FREEDOM OF CONSCIENCE. 1 Inviolate 1109,1125 FREEDOM OF SPEECH. I Inviolate 1109 FREEDOM OF THE PRESS. 1 Inviolate 1109,1125 FREE PERSONS OF COLOR. See Slaves, &c.; Steamboats, Ac. 8. FUGITIVE SLAVES. See Slaves, Ac.HZ, 159. FUNDS IN COURT. See State stocks, 1. GAMING. 1 Gaming debts void 726 2 Conveyances made in consideration thereof void 726 3 Title vests in the heirs of the maker 726 4 Money loaned to bet, cannot be recov¬ ered back 726 5 Gamesters sued, compelled to discover the amount won, Ac 727 6 Persons fighting or challenging on ac¬ count of gaming, forfeit £20 727 7 Loser may sue and recover money lost in six months 727 8 After that time may be sued for by any one 728 9 Keeping gaming tables 815 10 Players—witnesses 815 11 Judges to give these acts in charge, 815 18 Gaming defined—punishment 820 14 Cheating at play 821 See Insolvent Debtors, 7 ; Lotteries; Slaves, 115. GAMING HOUSES. 1 Defined—punishment 815 2 Suspected houses may be broken open..816 GARNISHMENT. 1 On attachment 70 2 Issue on return—trial 70 3 Judgment vs. Garnishee 72, 82 4 Not to answer out of county 73 5 Disposition of bonds, notes, Ac. return¬ ed by garnishee 73 6 Garnishment, pend. lite—oath 77, 84 7 Or after judgment 77 8 When and how served 78 9 Failing to answer, contempt 78 10 Distribution of money raised 78 II Proceedings vs. Garnishee resident in the county 79 12 Out of the county 79 13 Answer at return, term 79 14 Proceedings on default 83, 84 15 Defendant may dissolve garnishment by special bail 80 16 Bond of applicant 80 17 Garnishment to agent of insurance cos....81 18 Assets in hand may be surrendered by garnishee 82 19 Issue as to value 82 20 Garn. vs. Banks, Ac.; service i..83 21 Personal service of summons 88 22 Gam. in a". iv.:kv. ut kr.v or equity 84 INDEX. 1229 23 Affidavit of non resident creditor 86 24 Making parties—liow 87 25 Garn. in any county where fi. fa. is re¬ moved 26 Wages of mechanics and day-laborers exempt from garnishment 38 28 But all salaries of officers over $500 liable 29 Garnishments in justices' courts 640,641 GENERAL ASSEMBLY. 1 Shall meet first Monday in November.. 234 2 Style—composition 1111 3 Powers, &c 1111, 1117 4 Donations by 1116 See Elections, 3, 9, 40. GEORGIA INFIRMARY. 1 Acts relative to 1004, 1013 GIFTS OF SLAVES. See Slaves, 1. GILMER COUNTY. 1 Acts relative to 1167 GLYNN COUNTY. 1 Acts relative to 1168 GORDON COUNTY. I Acts relative to 116 GOVERNOR. 1 Election, &c 1117 2 Salary 1023, 1032 3 Fees, 349 4 Suspension of collection of taxes 1025. 5 Duty as to audited accounts 1021 6 Book of appropriations—how kept....1031 7 A schedule of bonds, Ac 1031 8 Account as to funded debt 1031 9 Report to Legislature 1032 10 Powers and duties of Governor 1119 See Health and Quarantine Laws, 10, 21; R. R. (State) 12,27; Tax Receiver, 7. GOVERNOR'S SECRETARIES. 1 Fees 353, 67s 2 Appointment 1120 GRANTS. 1 Form of 674 2 Errors in 656 to 659 3 Void grants 685 GREENE COUNTY. I Acts relative to 1167 GROWING CROPS. See Execution, 21. GUARDIANS. 1 Appointment 283, 338 2 Letters granted only in county of ward's residence 286 3 Commissions—how forfeited 304, 340 4 May sue for extra commissions 305 5 Ordinary may allow in certain cases... .337 6 List to be kept by clerk C. 0 812, 322 7 Annual returns 312, 317, 323, 340 8 Waste, how prevented 312, 317, 321 9 Allowed reasonable disbursements 312 10 Court may bind out poor orphans 313 11 If ill-treated may remove them 313 12 Returns to be recorded 317 13 S ureties may be relieved or gurdian- ship revoked 317, 321 14 Guardians removing to another county may make returns there, on certain con¬ ditions 318 15 Extended to guardians non-resident when appointed 319 16 Sale of realty by order of court, 319, 323 325 17 Notice of application and sale 319, 323 18 Guardians' oath and bond 320,325 19 Bond to be recorded 320, 327 20 Returns made to clerk in vaiaonti 320 21 Natural guardians to give bond 322 22 On failure, another appointed 322 23 Certain bonds declared valid 323,332 24 Formal variance does not vitiate 333 25 Letters dismissory—how obtained 324, 340 26 Property in hand—how disposed of 324, 332 27 Not final as to minors 339 23 Suit within 5 years after removal of dis¬ ability 339 29 C. C. O. may be guardian, evidence. 324, 336 30 His bond and commissions 824,336 31 Trust continues, though out of office 339 32 Guardians of illegitimates 325 33 Sale of their real estate 325 34 Flow served with rule in case of mis¬ management 326, 327 35 In case he absconds Ac 326 36 Female guardian marrying, letters abate 327 37 Sale of slaves—notice of application and sale 328 38 May be hired out or worked together. .328 39 Land may be purchased or rented 328 40 Final receipt may be recorded 329 41 Copy—evidence 329 42 Non-resident guardian may receive ward's property in this State—condi¬ tions 329, 330 43 Mode of proceeding—sale of realty 330, 331 44 Return on oath of surety 333 45 May invest funds in State stocks..333, 337 46 Widow shall be guardian of her children 335 47 Dismissed for just cause, 335 48 May appoint testamentary guardian... .335 49 Optional with C. C. O. to be guardiau 336 50 Interest chargeable vs. guardians 337 51 Sale of insolvent or doubtful notes, bonds, Ac 338 52 Attorney's fees allowed 338 53 Application for letters of guardianship —citation 338 54 Qualification and bond in vacation... .339 55 Foreign guardian may bring suit and use all other remedies in this State... .341 56 Guardians for deaf and dumb 346 57 He exeat against persons running or¬ phan's property 526 See Distribution of Estates, 3 ; Lunatics, Idiots, dec.; Ordinary; Poor, 2; Slaves dec., 26, 40. GUNPOWDER. 1 Transportation of 850 GWINNETT COUNTY. 1 Acts relative to 1169 HABEAS CORPUS. 1 Judge may place child with father or mother, at his discretion.. 335 2 By whom powers of habeas corpuscouvt may be exercised 543 3 One justice of inferior court may grant the writ, but a majority must concur in discharge 544 4 If the jail fee3 are not paid, defendant discharged 544 5 Not discharged for defect in mittimus. .856 6 Writ not to be suspended except on rebellion orinvasion 1125 7 Writs must be returned within 3 days, if within twenty miles 11 Si 8 Writs, how indorsed 1131 9 Proceedings to obtain writ 1131 1230 INDEX. 10 Bail shall be received, if offence is bail¬ able 11F 2 11 Effect of delay in applying 1152 12 Re-commitments only by order of court. 112 2 13 Exception as to civil cases 1133 14 Penalty for denying the writ...F\ 11S3 15 During term, writ returnable only be¬ fore the judge 1134 See Insolvent Debtors, 17. HABERSHAM COUNTY. 1 Acts relative to 1170 HALF liLOuD. See Distribution of Estates. HALL COUNTY. 1 Acts relative to 1171 HANCJCK COUNTY. 1 Ac:s relative to 1172 HARFORING. See Seamen and Mariners, 11; Slaves, doc. 1 J 03. HARBOR MASTER. 1 Compensation—how fixed 33 HARRIS COUNTY. 1 Acts relative to 1173 HEAD RIGHTS, Ac. 1 Acts relative to 660 to 680 HEALTH AND QUARANTINE LAWS. 1 Savannah hea th officer 38 2 Compensation, how fixed—fees... .33, 371 3 Quarantine, when and how performed...369 4 Punishment of offenders 369 5 Persons going on board, must remain there 369 6 Seizure of boats, Ac 370 7 Relief from Quarantine 370 8 Goods to be aired 370 9 Contagious diseases—how stopped from spreading 370, 376 10 Governor's proclamation 370, 371 11 Pilots inquiring as to health 371 12 Jurisdiction of corporation of Savan¬ nah 372, 373 13 Of justices of county and commissioners of towns 372 14 Duty of masters of vessels arriving at Savannah during sickly months 373 15 Report as to alien passengers, 373, 374 16 Penalty for evasion of act 374 17 How collected 374, 375 18 Punishment of physicians in Savannah concealing small pox, Ac 375 19 Lazaretto near Savannah 376 20 Inferior court and corporate authorities to provide for the sick, Ac 376 21 Governor to furnish vaccine matter 377 22 Violating quarantine—punishment 816 23 Quarantine of vessels having free ne¬ groes on board 999 24 Violations, how punished 1000 HEARD COUNTY. 1 Acts relative to ....1174 HENRY COUNTY. 1 Acts relative to 1174 HIRING SLAVES. See Slaves, &c. 114. HOLIDAYS. 1 Designated 522 HOMICIDE. See Penal Laws, 16, 17,18. HOUSTON COUNTY. I Acts relative to 1175 HUSBAND AND WIFE. 1 On marriage, real estate of wife vests in husband 305 2 On return of habeas corpus, judge may place child with mother 335 3 Wife may be guardian of lunatic hus¬ band 342 4 Wife coerced to commit crime not pun¬ ishable 779 5 Husband punished instead 779 See Distribution of Estates, 14, 15,21; Divorce; Dower; Excc-utors, d'c. 77, 78, 100, 101; Guardians, 36; Insolvent Debtors, 37; Parties, 10. IDIOTS. See Lunatics, Idiots, doc. ILLEGALITY. 1 Of executions—how made, returned and tried 509, 514 2 Forthcoming bond 515 3 Levy shall be first made 615 4 Other ft. fa. may be levied pending il¬ legality 516 5 Affidavit may be amended 518 6 Continuance charged to amending party 618 7 By stockholder to fi.fa. vs. company... .541 ILLEGITIMATES. See Bastards; Distribution of Estates, 10, 11; Guardians, 32. IMPRISONMENT FOR DEBT. 1 Widows and femes sole, exempt from.... 392 See Bail (in civil cases;) Executions; Insolvent Debtors, 10. INCENDIARY PUBLICATIONS. See Insurrection. INCEST. 1 Definition, punishment 814 INCUMBRANCE. See Lien. INDIANS. 1 Abstract of acts relative to 377 2 Incompetent witnesses 377 INDICTMENT. See Penal Laws, 31, 46, 61, 105. INDORSEMENT. 1 Indorsement need not be proved 271 See Sureties and indorsers. INFANTICIDE. See Murder. INFANTS. 1 Plea by one co-obligor, suit does not abate as to others 488 See Executors, doc.; Guardians; IAm. of actions, 3, 5, 17, 25; Tax receivers. INFERIOR COURT. 1 May establish election precincts 243 2 Shall be held twice a year by majority of justices 457, 1122 3 Table of terms 468 4 Adjournment by one justice and clerk..461 5 Jurisdiction of civil cases 463,1121 6 Court of record 463 7 May compel production of books and papers 463, 465 8 Notice; Time of service 465 9 If not produced; case continued 465 19 May establish lost papers. 463 11 May force discovery from parties...... .465 12 Proceedings to obtain 465,466 13 Failing to answer, or answering eva¬ sively, penalty.. 468 INDEX. 1231 14 Titne given to answer 467 15 Order for answer in vacation 270,466 16 Plaintiff, non-resident—service Onatt'y.466 17 Petition and process 470, 4-90, 492 18 When and how served 470, 473 19 If no clerk or sheriff elected 473 20 If sheriff is interested 473 21 Suit against co-obligors and promi¬ sors 471,1121 22 Judgment where a part only served 485 23 If one pleads infancy 438 24 As to making parties; svq " Parties" 25 Filing writ—commencement of suit 474 26 Dismissal in vacation 475 27 Service on corporations 475, 541 28 Bail in civil cases 477 to 483 29 Answer and defences 486 to 493 30 Amendment's when allowed.. .486, 488, 493 31 Yerdict and judgment 4 94 32 Appeal .494 33 Exceptions carried to superior court by certiorari 523 34 Jurisdiction in granting charters and changing names 542 35 Rules against officers may be granted in vacation 580 38 How served 580 37 Minutes and records 573 38 Returns of officers to rules, must be un¬ der oath, and may be traversed 579 39 Jurisdiction of inferior court, as a coun¬ ty court, over roads, bridges,